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Amend the bill by inserting after the title and before the enacting clause the following:
‘
‘Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas,  the work of the Office of the State Auditor requires that its employees have access to federal tax information and other confidential financial records; and
Whereas,  the United States Internal Revenue Service requires state agencies that permit employees and contractors access to federal tax information must complete a criminal history background investigation that is favorably adjudicated; and
Whereas,  this background investigation must include submission of fingerprints to the United States Department of Justice, Federal Bureau of Investigation; and
Whereas,  the work of the Office of the State Auditor will be delayed until such time as its employees have completed the required criminal history background investigation; 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,’
Amend the bill in section 1 in §247 in subsection 1 in paragraph A in the first line (page 1, line 6 in L.D.) by inserting after the following: "Safety" the following: ', State Bureau of Identification'
Amend the bill in section 1 in §247 by striking out all of subsections 2 and 3 (page 1, lines 11 to 33 in L.D.) and inserting the following:
 
‘2.  Criminal history; information about criminal records and data obtained.     The office shall obtain in print or electronic format, criminal history record information containing a record of public criminal history record information as defined in Title 16, section 703, subsection 8 from the Maine Criminal Justice Information System, created pursuant to Title 16, section 631, and the Federal Bureau of Investigation for any person employed by or who may be offered employment by the office to comply with the United States Internal Revenue Service's tax information security guidelines for federal, state and local agencies.
 
3.  Fingerprint-based criminal history obtained.    A person employed by the office shall consent to having the person's fingerprints taken. A person who may be offered employment by the office shall consent to and have the person's fingerprints taken prior to being employed by the office. The Maine State Police shall take or cause to be taken the fingerprints of a person who has consented under this subsection and shall forward the fingerprints to the department so that the department may conduct a state and national criminal history record check on the person. The department shall forward the results obtained to the office. The fee charged to the office by the Maine State Police must be consistent with the fee charged to executive branch agencies receiving similar services. Except for the portion of the payment that constitutes the processing fee charged by the Federal Bureau of Investigation, all money received by the Maine State Police under this subsection must be paid to the Treasurer of State, who shall apply the money to the expenses of administration of this section by the department.’
Amend the bill by adding after section 1 the following:
‘Sec. 2. 25 MRSA §1542-A, sub-§1, ¶P, as enacted by PL 2017, c. 452, §25, is reallocated to 25 MRSA §1542-A, sub-§1, ¶S.
 
S. Who is required to have a criminal history record check under Title 22, section 2425-A, subsection 3-A. [PL 2017, c. 452, § 25 (NEW).]
Sec. 3. 25 MRSA §1542-A, sub-§1, ¶¶Q and R, as enacted by PL 2017, c. 457, §13, are 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
 
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, ¶T  is enacted to read:
 
T.  Who is employed or may be offered employment by the Office of the State Auditor as required under Title 5, section 247.
Sec. 5. 25 MRSA §1542-A, sub-§3, ¶O, as enacted by PL 2017, c. 452, §26, is repealed.
Sec. 6.  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 Administrative and Financial Services under Title 22, section 2425-A, subsection 3-A.
Sec. 7.  25 MRSA §1542-A, sub-§3, ¶S  is enacted to read:
 
S.  The State Police shall take or cause to be taken the fingerprints of the person named in subsection 1, paragraph T at the request of that person or the Office of the State Auditor and upon payment by the Office of the State Auditor of the fee established in Title 5, section 247, subsection 3.
Sec. 8. 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, L 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 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 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. Fingerprints taken pursuant to subsection 1, paragraph T 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 Office of the State Auditor.
Sec. 8. Appropriations and allocations. The following appropriations and allocations are made.
 
AUDITOR, OFFICE OF THE STATE
 
Audit Bureau 0067
 
Initiative: Provides funding for employee fingerprint-based background checks required by the United States Internal Revenue Service.

GENERAL FUND	2019-20	2020-21	
All Other	$784	$118	
			
GENERAL FUND TOTAL	$784	$118	

OTHER SPECIAL REVENUE FUNDS	2019-20	2020-21	
All Other	$1,216	$182	
			
OTHER SPECIAL REVENUE FUNDS TOTAL	$1,216	$182	
 
Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.’
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section number to read consecutively.
 
SUMMARY
This amendment adds an emergency preamble to ensure the Office of the State Auditor may immediately meet the fingerprint background check requirements set in federal regulation. This amendment makes several minor changes to section 1 to bring this law into conformity with similar criminal background check laws in Maine statute. The amendment authorizes the State Bureau of Identification to obtain fingerprints and conduct state and national criminal history record checks for the Office of the State Auditor. This amendment removes conflicts in the Maine Revised Statutes, Title 25, section 1542-A, subsection 4. The amendment also resolves lettering conflicts in the statutes regarding the taking of fingerprints by the State Bureau of Identification created when 2 public laws enacted substantively different provisions with the same paragraph designations. The amendment also adds an appropriations and allocations section.
FISCAL NOTE REQUIRED
(See attached)