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PUBLIC LAWS OF MAINE
Second Regular Session of the 120th

CHAPTER 552
H.P. 1486 - L.D. 1989

An Act Regarding Criminal History Record Checks

Be it enacted by the People of the State of Maine as follows:

     Sec. 1. 25 MRSA §1541, sub-§6, as amended by PL 1999, c. 401, Pt. W, §1, is further amended to read:

     6. Establishment of fees. The State Bureau of Identification may charge a fee to nongovernmental organizations and, governmental organizations that are engaged in licensing and governmental organizations that are not a governmental entity of the State, a county of the State or a municipality of the State for services provided each criminal history record check requested for noncriminal justice purposes pursuant to this chapter Title 16, chapter 3, subchapter VIII. The requestor shall provide a name and date of birth for each record being requested. A request made pursuant to 5 United States Code, Section 9101 must be accompanied by fingerprints. A governmental organization that is engaged in licensing may charge an applicant for the cost of the State Bureau of Identification services criminal history record check. The commissioner shall establish a schedule of fees that covers the cost of providing these services. Revenues generated from this fee these fees must be credited to the General Fund and the Highway Fund in an amount consistent with currently budgeted allotments and allocations.

     Sec. 2. 25 MRSA §1549, as amended by PL 1993, c. 235, §1, is further amended to read:

§1549. Request for fingerprints; fee

     The State Police, the sheriffs and the chiefs of police in each of the cities and towns may take or cause to be taken, and, upon payment of a $3 fee, shall may take or cause to be taken, the fingerprints or palm prints, or fingerprints and palm prints, of any person who requests that the person's fingerprints or palm prints, or fingerprints and palm prints, be taken.

     Such fingerprints and palm prints shall must be taken on a form provided by the requesting person, or, if the person does not provide a form, upon the Noncriminal Fingerprint Record. Fingerprints or, palm prints or demographic information taken or collected pursuant to this section, or copies thereof, shall may not be retained by the taker or. The fingerprints, palm prints or demographic information must be forwarded to the State Bureau of Identification if required by statute or if the requestor requests that the fingerprints, palm prints or demographic information be forwarded to the State Bureau of Identification for the purpose of obtaining a criminal history record check.

Effective July 25, 2002, unless otherwise indicated.

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