Sec. 14. 25 MRSA §1542-A, sub-§4, as amended by PL 2001, c. 52, §8, 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 6103-A. The bureau shall retain the fingerprints, except as provided under Title 20-A, section 6103 6103-A, subsection 9 11. Fingerprints taken pursuant to subsection 1, paragraph I 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 court.

Sec. 15. Removal of applicant's fingerprints from state repository. Within 90 days of the effective date of this Act, the Department of Public Safety, Bureau of State Police, State Bureau of Identification shall remove the fingerprints collected from those educational personnel who were subject to the requirements of the Maine Revised Statutes, Title 20-A, former section 6103 but are not subject to the requirements of Title 20-A, section 6103-A. In response to a written request, the State Bureau of Identification shall provide written confirmation to any such educational personnel that their fingerprints have been removed from the state repository.

Sec. 16. Reinstatement of certification. Upon application by the person, and after successful completion of any reference and background checks that might otherwise be conducted, the Commissioner of Education shall reinstate the certification, authorization, approval or renewal under the Maine Revised Statutes, Title 20-A, chapter 501 or 502 that was denied to a person solely on the basis of that person's refusal to comply