PLEASE NOTE: Legislative Information cannot perform research, provide legal advice, or interpret Maine law. For legal assistance, please contact a qualified attorney.
An Act To Amend the Laws Governing Criminal History Record Information
Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas,  this legislation needs to take effect before the expiration of the 90-day period in order to facilitate the enforcement of licensing laws and rules by the state agency responsible for licensing health and social services agencies and facilities; 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.  16 MRSA §614, sub-§3, ¶B-1  is enacted to read:
 
B-1.  The division of licensing and regulatory services within the Department of Health and Human Services when such intelligence and investigative information may relate to enforcement of licensing laws and rules;
Emergency clause.  In view of the emergency cited in the preamble, this legislation takes effect July 1, 2011.
 
SUMMARY
This bill adds the Department of Health and Human Services, division of licensing and regulatory services to the list of exceptions regarding limitations on the dissemination of intelligence and investigative information prepared by, prepared at the direction of or kept in the custody of state entities, including local, county and state law enforcement agencies.
The bill allows the Department of Health and Human Services, division of licensing and regulatory services to access reports and records, including police reports, which may relate to enforcement of licensing laws and rules. This bill takes effect July 1, 2011.