HP0240, LD 296, item 3, ‘An Act To Allow Sheriffs To Take Fingerprints of Teachers or Educational Personnel for Criminal History Background Checks’

Amend the bill by striking out the title and substituting the following:

‘An Act To Allow Sheriffs To Take Fingerprints of Teachers or Educational Personnel for Criminal History Background Checks’

Amend the bill by striking out all of section 1 (page 1, lines 2 to 13 in L.D.) and inserting the following:

‘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 shall, or the sheriff of the county in which the applicant resides may, if the sheriff has the technology and equipment to do so, 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 or the sheriffs 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.’

Amend the bill in section 2 in subsection 10 in the 6th and 7th lines (page 1, lines 21 and 22 in L.D.) by striking out the following: " and chiefs of police in each of the cities and towns"

Amend the bill by striking out all of sections 3 to 5 (page 1, lines 25 to 34 in L.D.)

Amend the bill in section 6 by striking out all of paragraph F (page 1, lines 37 and 38 and page 2, lines 1 and 2 in L.D.) and inserting the following:

‘F. The Maine State Police shall and the sheriff may 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.’

Amend the bill by striking out all of section 7 (page 2, lines 3 to 7 in L.D.)

Amend the bill by relettering or renumbering any nonconsecutive Part letter or section number to read consecutively.

Summary

This amendment is the minority report and allows the fingerprints of a teacher or an educational personnel applicant pursuant to the Maine Revised Statutes, Title 20-A, section 6103 to be taken by a sheriff if the sheriff has the technology and equipment to do so. The amendment specifies that the sheriffs 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 C "B", Filing Number H-529, Sponsored by		LR 760 Item 3
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