An Act To Ensure Compliance with Federal Requirements for Background Checks of Certain Department of Health and Human Services Employees
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 19-A MRSA §§2111 to 2113 are enacted to read:
§ 2111. Criminal history record information of employees and applicants for employment
1. Criminal history record information obtained from the Federal Bureau of Investigation. The department shall obtain national criminal history record information from the Federal Bureau of Investigation for any individual not employed with the department who has applied for and may be offered employment requiring access to federal tax information. For employees employed with the department on the effective date of this section who did not undergo a criminal history background check prior to their employment and whose employment requires access to federal tax information, the department shall obtain national criminal history record information from the Federal Bureau of Investigation for each employee within one year after the effective date of this section.
2. Fingerprinting. An individual not employed with the department applying for employment with the department that requires access to federal tax information must consent to having fingerprints taken for use in accordance with this section before the individual may be employed by the department. Employees of the department whose employment requires access to federal tax information must consent to having fingerprints taken for use in accordance with this section upon request by the department. The State Police shall take or cause to be taken the applicant's fingerprints and shall forward the fingerprints to the Department of Public Safety, Bureau of State Police, State Bureau of Identification so that the State Bureau of Identification can conduct state and national criminal history record checks for the department. The State Police may charge the department for the expenses incurred in processing state and national criminal history record checks. The full fee charged under this subsection must be deposited in a dedicated revenue account for the State Bureau of Identification with the purpose of paying costs associated with the maintenance and replacement of the criminal history record systems.
3. Confidentiality. All information obtained by the department pursuant to this section is confidential and is not a public record pursuant to Title 1, chapter 13.
4. Access to criminal history record information. The department shall provide an applicant or employee of the department with access to information obtained pursuant to this section, if requested, by providing a paper copy of the criminal history record information directly to the applicant or employee, but only after the department confirms that the applicant or employee is the subject of the record. The department shall publish guidance on requesting such information from the Federal Bureau of Investigation.
5. Reinvestigation. The department shall conduct a reinvestigation within 10 years after the date of the previous criminal history background check under this section for each individual requiring access to federal tax information.
§ 2112. Criminal history record information of providers of contract services
1. Criminal history record information obtained from the Federal Bureau of Investigation. The department shall obtain national criminal history record information from the Federal Bureau of Investigation for any individual who provides or is assigned to provide services to the department pursuant to an identified contract. For purposes of this section, "individual" means a person who is employed by any of the department's contractors or their subcontractors. For purposes of this section, "identified contract" means a contract that the department determines involves access or the substantial possibility of access to the department's information technology systems or to confidential taxpayer information.
2. Fingerprinting. An individual who provides or is assigned to provide services to the department pursuant to an identified contract must consent to having fingerprints taken for use in accordance with this section before the individual may provide services. The State Police shall take or cause to be taken the individual's fingerprints and shall forward the fingerprints to the Department of Public Safety, Bureau of State Police, State Bureau of Identification so that the State Bureau of Identification can conduct state and national criminal history record checks for the department. The State Police may charge the department for the expenses incurred in processing state and national criminal history record checks. The full fee charged under this subsection must be deposited in a dedicated revenue account for the State Bureau of Identification with the purpose of paying costs associated with the maintenance and replacement of its criminal history record systems.
3. Confidentiality. All information obtained by the department pursuant to this section is confidential and is not a public record pursuant to Title 1, chapter 13.
4. Access to criminal history record information. The department shall provide an individual who provides fingerprints pursuant to this section with access to information obtained pursuant to this section, if requested, by providing a paper copy of the criminal history record information directly to the individual, but only after the department confirms that the individual is the subject of the record. The department shall publish guidance on requesting such information from the Federal Bureau of Investigation.
5. Reinvestigation. The department shall conduct a reinvestigation within 10 years after the date of the previous criminal history background check under this section for each individual requiring access to federal tax information.
6. Application to other state agencies. This section does not apply to services provided by another agency of the State.
§ 2113. Authority to adopt rules or policies for background checks
1. Authorization to establish rules for background checks. The department may, pursuant to rules adopted by the department or pursuant to departmental policy, conduct background checks for each employee and prospective employee, and for each employee of a contractor or subcontractor, whose employment requires access to federal tax information. The background check must include criminal history record information obtained from the Department of Public Safety, Bureau of State Police, State Bureau of Identification and the Federal Bureau of Investigation.
A. The criminal history record information obtained from the State Bureau of Identification pursuant to this section must include a record of public criminal history record information as defined in Title 16, section 703, subsection 8.
B. The criminal history record information obtained from the Federal Bureau of Investigation pursuant to this section must include other state and national criminal history record information.
C. A person subject to a background check pursuant to this section shall submit to having fingerprints taken.
D. In addition to access to criminal history record information provided by the department to an applicant, employee or individual under section 2111, subsection 4 and section 2112, subsection 4, the subject of a Federal Bureau of Investigation criminal history record check conducted pursuant to this section may obtain a copy of the criminal history record check by following the procedures outlined in 28 Code of Federal Regulations, Sections 16.32 and 16.33. The subject of a state criminal history record check conducted pursuant to this section may inspect and review the criminal history record information pursuant to Title 16, section 709.
E. Information obtained pursuant to this section is confidential. The results of background checks received by the department are for official use only and may not be disseminated outside the department except in an administrative proceeding appealing or relating to a decision made by the department involving the background check or in a court proceeding.
2. Rulemaking. Rules adopted by the department pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
Sec. 2. 25 MRSA §1542-A, sub-§1, ¶Q, as enacted by PL 2017, c. 457, §13, is amended to read:
Q. Who is an applicant for licensure with the State Board of Nursing as required under Title 32, section 2111, subsection 1; or
Sec. 3. 25 MRSA §1542-A, sub-§1, ¶R, as enacted by PL 2017, c. 457, §13, is amended to read:
R. Who is required to have a criminal background check under Title 22, section 8302-A or 8302-B . ; or
Sec. 4. 25 MRSA §1542-A, sub-§1, ¶S is enacted to read:
S. Who is required to have a criminal background check under Title 19-A, section 2111 or 2112.
Sec. 5. 25 MRSA §1542-A, sub-§3, ¶R is enacted to read:
R. The State Police shall take or cause to be taken the fingerprints of the person named in subsection 1, paragraph S at the request of that person or the Department of Health and Human Services pursuant to Title 19-A, section 2111 or 2112.
Sec. 6. 25 MRSA §1542-A, sub-§4, as amended by PL 2017, c. 452, §27 and c. 457, §16, is repealed and the following enacted in its place:
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. Fingerprints taken pursuant to subsection 1, paragraph I and subsection 3, 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 and the Department of Public Safety, Gambling Control Board, respectively. Fingerprints taken pursuant to subsection 1, paragraph J, K or L 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 Administrative and Financial Services. Fingerprints taken pursuant to subsection 1, paragraph P 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 Board of Osteopathic Licensure, established in Title 32, chapter 36. Fingerprints taken pursuant to subsection 1, paragraph N 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 Board of Licensure in Medicine, established in Title 32, chapter 48. Fingerprints taken pursuant to subsection 1, paragraph Q 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 State Board of Nursing, established in Title 32, chapter 31. Fingerprints taken pursuant to subsection 1, paragraph O must be transmitted immediately to the State Bureau of Identification to enable the bureau to conduct state and national criminal history record checks under Title 28-B, section 204. Fingerprints taken pursuant to subsection 1, paragraph R or S 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 Health and Human Services.
SUMMARY
This bill amends the child support enforcement laws to implement background investigative checks for employees, prospective employees and contractors with access to federal tax information in compliance with the United States Internal Revenue Services' Publication 1075, which requires fingerprinting of all affected individuals. This bill amends provisions relating to the Department of Public Safety, Bureau of State Police, State Bureau of Identification that set forth the procedures for taking and processing fingerprints. This bill authorizes the department to adopt rules to conduct background checks. This bill also corrects a conflict created by Public Law 2017, chapters 452 and 457, which affected the same provision of law, by incorporating the changes made by both laws.