Sec. 4. 20-A MRSA §13011, sub-§1, ¶E, as amended by PL 1997, c. 452, §5, is further amended to read:

E. Certify or authorize personnel who provide early childhood educational programs or developmental therapy to children with disabilities from birth to under 9 years of age in the home, in community-based special purpose and integrated programs and in public schools; and.

Sec. 5. 20-A MRSA §13011, sub-§1, ¶F, as repealed and replaced by PL 1999, c. 791, §5, is repealed.

Sec. 6. 20-A MRSA §13011, sub-§8, as enacted by PL 1997, c. 452, §7, is repealed.

Sec. 7. 25 MRSA §1541, sub-§8, as enacted by PL 1999, c. 791, §6, is repealed.

Sec. 8. 25 MRSA §1542-A, sub-§1, ¶F, as amended by PL 1999, c. 260, Pt. B, §6 and affected by §18, is further amended to read:

F. Whose fingerprints have been ordered by a court; or

Sec. 9. 25 MRSA §1542-A, sub-§1, ¶G, as amended by PL 1999, c. 260, Pt. B, §7 and affected by §18, is repealed.

Sec. 10. 25 MRSA §1542-A, sub-§2, as amended by PL 1999, c. 260, Pt. B, §9 and affected by §18, is further amended to read:

2. Palm prints, footprints and photographs. Whenever fingerprints are to be taken pursuant to subsection 1, paragraph A, or B or G, palm prints, footprints and photographs may also be taken. Whenever palm prints, footprints or photographs are ordered to be obtained pursuant to subsection 1, paragraph C, D or F or are sought pursuant to paragraph E, the palm prints, footprints or photographs must be taken.

Sec. 11. 25 MRSA §1542-A, sub-§3, ¶F, as enacted by PL 1999, c. 110, §7, is repealed.

Sec. 12. 25 MRSA §1542-A, sub-§4, as amended by PL 1999, c. 791, §7, is further amended to read:

4. Duty to submit to State Bureau of Identification. It is the duty of the law enforcement agency taking the fingerprints as required by subsection 3, paragraphs A, B and G to transmit immediately to the State Bureau of Identification the criminal

fingerprint record. Fingerprints taken pursuant to subsection 1, paragraph C, D, E or F or pursuant to subsection 5 may not be submitted to the State Bureau of Identification unless an express request is made by the commanding officer of the State Bureau of Identification. Fingerprints taken pursuant to subsection 1, paragraph G must be transmitted immediately to the State Bureau of Identification to enable the bureau to conduct state and national criminal history record checks for the Department of Education. The bureau may not use the fingerprints for any purpose other than that provided for under Title 20-A, section 6103. The bureau shall retain the fingerprints, except as provided under Title 20-A, section 6103, subsection 9.

Sec. 13. 25 MRSA §1542-A, sub-§8, as amended by PL 1999, c. 260, Pt. B, §16 and affected by §18, is further amended to read:

8. Fingerprint record forms. Fingerprints taken pursuant to subsection 1, paragraphs paragraph A, paragraph B as to a person arrested as a fugitive from justice and paragraph D and subsection 5, paragraphs B, C and D must be taken on a form furnished by the State Bureau of Identification, such form to be known as the Criminal Fingerprint Record. Fingerprints taken pursuant to subsection 1, paragraphs E, and F and G must be taken on a form furnished by the bureau, such form to be known as the Noncriminal Fingerprint Record. Fingerprints taken pursuant to subsection 1, paragraphs paragraph B as to a person taken into custody for a juvenile crime pursuant to a uniform interstate compact on juveniles and paragraph H must be taken on a form furnished by the State Bureau of Identification, such form to be known as the Juvenile Crime Fingerprint Record. Fingerprints taken pursuant to subsection 1, paragraph C or F must be taken upon the form appropriate for that purpose.

SUMMARY

This bill repeals the law requiring background checks and fingerprinting of school employees. This bill also corrects cross-references to the repealed provisions.