HP0240, LD 296, item 1, An Act To Find Cost Savings and Efficiencies in the Fingerprinting System for Criminal History Background Checks

An Act To Find Cost Savings and Efficiencies in the Fingerprinting System for Criminal History Background Checks

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 20-A MRSA §6103, sub-§6, as amended by PL 2005, c. 457, Pt. CC, §3, is further amended to read:

6. Fingerprinting. The applicant shall submit to having fingerprints taken. The Maine State Police, the sheriffs and the chiefs of police in each of the cities and towns, upon payment by the applicant or any other entity required by law of the expenses specified in subsection 3-A, shall take or cause to be taken the applicant's fingerprints and shall forward the fingerprints to the State Bureau of Identification so that the bureau can conduct state and national criminal history record checks. Except for the portion of the payment, if any, that constitutes the processing fee charged by the Federal Bureau of Investigation, all money received by the Maine State Police , the sheriffs and the chiefs of police in each of the cities and towns for purposes of this section must be paid over to the Treasurer of State for deposit in accordance with Title 20-A, section 6103, subsection 10.

Sec. 2. 20-A MRSA §6103, sub-§10, as enacted by PL 2005, c. 457, Pt. CC, §4, is amended to read:

10. Criminal History Record Check Fund. The Criminal History Record Check Fund is created as a dedicated fund within the Department of Education for the deposit of any fees collected pursuant to subsection 3-A. The purpose of the fund is to reimburse the Department of Public Safety, State Bureau of Identification for the cost of conducting the fingerprinting and needed state and national criminal history record checks pursuant to this section and to reimburse the sheriffs and chiefs of police in each of the cities and towns for expenses incurred in taking the fingerprints of an applicant pursuant to subsection 6. The fund may not lapse, but must be carried forward to carry out the purposes of this chapter.

Sec. 3. 25 MRSA §1542-A, sub-§1, ¶H, as amended by PL 2001, c. 52, §5, is further amended to read:

H. Charged with the commission of a juvenile crime; or

Sec. 4. 25 MRSA §1542-A, sub-§1, ¶I, as enacted by PL 2001, c. 52, §6, is amended to read:

I. Who is a prospective adoptive parent not the biological parent as required under Title 18-A, section 9-304, subsection (a-1) . ; or

Sec. 5. 25 MRSA §1542-A, sub-§1, ¶J is enacted to read:

J. Who is an applicant for a license for a family foster home as defined in Title 22, section 8101, subsection 3.

Sec. 6. 25 MRSA §1542-A, sub-§3, ¶F, as amended by PL 2005, c. 457, Pt. CC, §5, is further amended to read:

F. The Maine State Police , the sheriffs and the chiefs of police in each of the cities and towns shall take or cause to be taken the fingerprints of the person named in subsection 1, paragraph G, at the request of that person and upon payment of the expenses specified under Title 20-A, section 6103, subsection 3-A.

Sec. 7. 25 MRSA §1542-A, sub-§3, ¶J is enacted to read:

J. The Maine State Police, the sheriffs and the chiefs of police in each of the cities and towns shall take or cause to be taken the fingerprints of the person named in subsection 1, paragraph J, at the request of that person and upon payment of the expenses associated with taking the fingerprints.

summary

This bill amends current law to allow the fingerprints of a teacher or an educational personnel applicant pursuant to the Maine Revised Statutes, Title 20-A, section 6103 and an applicant for a license for a family foster home to be taken by the sheriffs and chiefs of police in each of the cities and towns. The bill also requires that the sheriffs and chiefs of police be paid for the expenses they incur in fingerprinting an applicant for a license for a family foster home and be reimbursed from the Criminal History Record Check Fund for the expenses they incur in fingerprinting a teacher or educational personnel applicant.

HP0240 LD 296	First Regular Session - 125th Maine Legislature		LR 760 Item 1
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