H.P. 534 - L.D. 741
An Act to Assist the Department of Public Safety in Implementing the Requirements of Fingerprint-based Background Checks
Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, commencing July 1, 1999, certification, authorization, approval and renewal of teachers and educational personnel are subject to the provisions of the Maine Revised Statutes, Title 20-A, section 6103; and
Whereas, to aid in ensuing compliance with the July 1, 1999 beginning date, it is essential that certain changes be made in Title 20-A, section 6103 and Title 25, section 1542-A relating to the taking of the fingerprints of applicants; and
Whereas, the issue of certain expenses relating to obtaining the conviction data information required by Title 20-A, section 6103 needs to be expressly addressed; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 20-A MRSA §6103, sub-§6, as enacted by PL 1997, c. 452, §3, is repealed and the following enacted in its place:
6. Fingerprinting. The applicant shall submit to having fingerprints taken. The Maine State Police, upon payment by the applicant or any other entity required by law of the expenses specified in subsection 4, 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 for purposes of this section must be paid over to the Treasurer of State. The money must be applied to the expenses of administration incurred by the Department of Public Safety.
Sec. 2. 20-A MRSA §6103, sub-§9 is enacted to read:
9. Applicant's right to have fingerprints removed from state repository upon retirement or career change. Teachers or educational personnel whose certification, authorization or approval has expired and who have not applied for renewal of certification, authorization or approval may request in writing that the State Bureau of Identification remove their fingerprints from the bureau's fingerprint file. In response to a written request, the bureau shall remove the requester's fingerprints from the fingerprint file and provide written confirmation of that removal to the requester.
Sec. 3. 25 MRSA §1541, sub-§7 is enacted to read:
7. Fees to obtain fingerprints for noncriminal justice background checks. Unless otherwise provided by law, an applicant shall pay a one-time processing fee of $25 to the Department of Public Safety to offset the expenses incurred by the department to obtain fingerprints to be used for conducting state and national criminal history record checks for noncriminal justice purposes when the State Bureau of Identification is required to retain the fingerprints.
Sec. 4. 25 MRSA §1542-A, sub-§1, ¶E, as amended by PL 1991, c. 548, Pt. A, §22, is further amended to read:
E. Who dies under circumstances of death constituting a medical examiner case under Title 22, section 3025, if sought pursuant to Title 22, section 3028, subsection 3, or at the request of the Chief Medical Examiner or the Attorney General; or
Sec. 5. 25 MRSA §1542-A, sub-§1, ¶F, as enacted by PL 1987, c. 512, §3, is amended to read:
F. Whose fingerprints have been ordered by a court. ; or
Sec. 6. 25 MRSA §1542-A, sub-§1, ¶G is enacted to read:
G. Who is a teacher or educational personnel applicant subject to Title 20-A, section 6103.
Sec. 7. 25 MRSA §1542-A, sub-§3, ¶F is enacted to read:
F. The Maine State Police 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 4.
Sec. 8. 25 MRSA §1542-A, sub-§4, as enacted by PL 1987, c. 512, §3, is 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 and B, to transmit forthwith 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, shall 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 forthwith 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 shall retain the fingerprints, except as provided under Title 20-A, section 6103, subsection 9.
Sec. 9. 25 MRSA §1542-A, sub-§8, as enacted by PL 1987, c. 512, §3, is amended to read:
8. Fingerprint record forms. Fingerprints taken pursuant to subsection 1, paragraphs A, B and D, and subsection 5, paragraphs B, C and D, shall 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, paragraph E, shall paragraphs E, 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 5, paragraph A, shall 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, paragraphs C or F, shall must be taken upon the form appropriate for that purpose.
Sec. 10. Allocation. The following funds are allocated from Other Special Revenue funds to carry out the purposes of this Act.
1999-00 2000-01
PUBLIC SAFETY, DEPARTMENT OF
Bureau of State Police
All Other $735,000 $392,000
Allocates funds for the costs of conducting fingerprint-based background checks for teachers and educational personnel.
Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.
Effective May 3, 1999.
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