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Committee Hears Technical Fixes, FBI Conditions for State Background‑check Center Bill
Summary
A department bill to amend the state's background check center was presented with minor language changes requested by the FBI before biometric fingerprinting can be enabled; stakeholders welcomed administrative fixes but urged care to avoid hiring barriers.
Representative Dan (Trigorian/Trigorian in transcript) introduced LD 1157, a bill to amend laws governing the Maine Background Check Center (NBCC) and to enable the Division of Licensing and Certification to collect fingerprints and perform national biometric checks for direct access positions.
What the bill does: The Department of Health and Human Services told the committee the measure would make background checks portable between employers and authorize the NBCC to collect fingerprints to run FBI checks, a change intended to reduce hiring friction and duplicate checks for employees who change employers.
FBI precondition and drafting fixes: Department witnesses said the FBI requires small wording adjustments before it will approve biometric submission by the state. The division requested two drafting corrections to the provisional rule text: change a reference from “final” background checks to “initial,” and correct the word “deposition” to “disposition.” The department said the changes are not costly and that implementing biometric checks is expected within the year if the FBI approves.
Stakeholder reactions and concerns: The Maine Health Care Association testified neither for nor against the bill. Their written and oral comments welcomed the administrative update but flagged concerns that mandatory fingerprinting could create new hiring hurdles. They urged the committee to consider workforce impacts in rural areas and possible measures such as covering fees, permitting provisional employment while checks are pending, allowing lower‑tech card‑and‑ink options and setting reasonable timelines for completion.
Questions and next steps: Committee members asked whether fingerprinting would be mandatory and whether individuals could opt out. The department indicated background checks are mandatory for the regulated positions and the biometric process would replace the current check mechanism rather than be optional. The department also agreed to provide the committee, at work session, with detail on turnaround times for fingerprint checks and the locations of fingerprinting centers.
Ending: The committee took no final action at the hearing. Staff and the department will follow up with technical corrections requested and supply information on turnaround times and operational details for the work session.
