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Amend the amendment by striking out all of section 8 and inserting the following:
‘Sec. 8.  22 MRSA §8302-B, sub-§1-A  is enacted to read:
 
1-A.  Payment for criminal background checks.    Fees for and costs related to processing and administering criminal background checks required for a child care staff member pursuant to subsection 1 must be paid by the department from the funds available under the federal Child Care and Development Block Grant Act of 1990, as amended by the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Public Law 104-193, 110 Stat. 2105. The fees for and costs related to processing and administering criminal background checks reimbursed under this subsection may not exceed the actual costs for processing and administration. A transfer of payment by the department to the Department of Public Safety from the federal Child Care and Development Block Grant Act of 1990, as amended by the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Public Law 104-193, 110 Stat. 2105 must be made pursuant to a schedule agreed upon by the department and the Department of Public Safety, in consultation with the State Controller, and based on documentation of fees and processing and administration costs incurred.’
Amend the amendment by striking out all of section 13 and inserting the following:
‘Sec. 13.  25 MRSA §1542-A, sub-§1, ¶¶P to R  are enacted to read:
 
P.  Who is licensed under Title 32, chapter 36 and has applied for an expedited license under Title 32, section 18506;
 
Q.  Who is an applicant for licensure with the State Board of Nursing as required under Title 32, section 2111, subsection 1; or
 
R. Who is required to have a criminal background check under Title 22, section 8302-A or 8302-B.’
Amend the amendment by striking out all of sections 15 to 17 and inserting the following:
‘Sec. 15.  25 MRSA §1542-A, sub-§3, ¶¶O to Q  are enacted to read:
 
O.  The State Police shall take or cause to be taken the fingerprints of the person named in subsection 1, paragraph P at the request of that person and upon payment of the expenses by that person as required by Title 32, section 2571-A.
 
P.  The State Police shall take or cause to be taken the fingerprints of the person named in subsection 1, paragraph Q at the request of that person and upon payment by the person of the fee established in Title 32, section 2111, subsection 1.
 
Q.  The State Police shall take or cause to be taken the fingerprints of the person named in subsection 1, paragraph R at the request of that person or the Department of Health and Human Services under Title 22, section 8302-A or 8302-B.
Sec. 16. 25 MRSA §1542-A, sub-§4, as repealed and replaced by PL 2017, c. 409, Pt. B, §13, 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, 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, Bureau of Revenue Services. Fingerprints taken pursuant to subsection 1, paragraph MP 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 MQ 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 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.
Sec. 17. Appropriations and allocations. The following appropriations and allocations are made.
 
HEALTH AND HUMAN SERVICES, DEPARTMENT OF
 
Child Care Services 0563
 
Initiative: Provides an allocation to pay background check fees for child care providers.

FEDERAL BLOCK GRANT FUND	2017-18	2018-19	
All Other	$0	$540,000	
			
FEDERAL BLOCK GRANT FUND TOTAL	$0	$540,000	

Child Care Services 0563
 
Initiative: Provides an allocation to pay background check processing and administration for child care providers.

FEDERAL BLOCK GRANT FUND	2017-18	2018-19	
All Other	$0	$124,786	
			
FEDERAL BLOCK GRANT FUND TOTAL	$0	$124,786	

Division of Licensing and Regulatory Services Z036
 
Initiative: Provides allocations for 2 Identification Specialist II positions to handle additional work from the increase in background checks.

OTHER SPECIAL REVENUE FUNDS	2017-18	2018-19	
POSITIONS - LEGISLATIVE COUNT	0.000	2.000	
Personal Services	$0	$121,078	
All Other	$0	$17,033	
			
OTHER SPECIAL REVENUE FUNDS TOTAL	$0	$138,111	

Office of Child and Family Services - District 0452
 
Initiative: Provides allocations for one Office Associate II Supervisor position to handle additional work from the increase in background checks.

OTHER SPECIAL REVENUE FUNDS	2017-18	2018-19	
POSITIONS - LEGISLATIVE COUNT	0.000	1.000	
Personal Services	$0	$62,365	
All Other	$0	$6,711	
			
OTHER SPECIAL REVENUE FUNDS TOTAL	$0	$69,076	

HEALTH AND HUMAN SERVICES, DEPARTMENT OF			
DEPARTMENT TOTALS	2017-18	2018-19	
			
OTHER SPECIAL REVENUE FUNDS	$0	$207,187	
FEDERAL BLOCK GRANT FUND	$0	$664,786	
			
DEPARTMENT TOTAL - ALL FUNDS	$0	$871,973	

PUBLIC SAFETY, DEPARTMENT OF
 
State Police 0291
 
Initiative: Provides funding for one Identification Specialist II position and related costs to process additional fingerprint checks.

GENERAL FUND	2017-18	2018-19	
POSITIONS - LEGISLATIVE COUNT	0.000	1.000	
Personal Services	$0	$42,135	
All Other	$0	$2,107	
			
GENERAL FUND TOTAL	$0	$44,242	

HIGHWAY FUND	2017-18	2018-19	
Personal Services	$0	$22,688	
All Other	$0	$1,562	
			
HIGHWAY FUND TOTAL	$0	$24,250	

OTHER SPECIAL REVENUE FUNDS	2017-18	2018-19	
All Other	$0	$188,313	
			
OTHER SPECIAL REVENUE FUNDS TOTAL	$0	$188,313	

PUBLIC SAFETY, DEPARTMENT OF			
DEPARTMENT TOTALS	2017-18	2018-19	
			
GENERAL FUND	$0	$44,242	
HIGHWAY FUND	$0	$24,250	
OTHER SPECIAL REVENUE FUNDS	$0	$188,313	
			
DEPARTMENT TOTAL - ALL FUNDS	$0	$256,805	

SECTION TOTALS	2017-18	2018-19	
			
GENERAL FUND	$0	$44,242	
HIGHWAY FUND	$0	$24,250	
OTHER SPECIAL REVENUE FUNDS	$0	$395,500	
FEDERAL BLOCK GRANT FUND	$0	$664,786	
			
SECTION TOTAL - ALL FUNDS	$0	$1,128,778	
 
’
Amend the amendment by relettering or renumbering any nonconsecutive Part letter or section number to read consecutively.
 
SUMMARY
This amendment directs the Department of Health and Human Services to reimburse both for the background check fees and the cost of administrating and processing the checks through a transfer of payment by the department to the Department of Public Safety from the federal Child Care and Development Block Grant Act of 1990, as amended by the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Public Law 104-193, 110 Stat. 2105. A transfer must be made pursuant to a schedule agreed upon by the Department of Health and Human Services and the Department of Public Safety, in consultation with the State Controller, and based on documentation of fees and processing and administration costs incurred. The amendment also corrects lettering problems created by Public Law 2017, chapters 204, 253 and 258, which enacted 3 substantively different provisions with the same paragraph letter, and makes technical changes.
FISCAL NOTE REQUIRED
(See attached)