CHAPTER 682
S.P. 658 - L.D. 1741
An Act To Encourage Reporting of Potential Fraud, Waste, Inefficiency and Abuse in State Government
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 3 MRSA §995, sub-§5 is enacted to read:
5. Coordination with State Auditor; complaints alleging fraud, waste, inefficiency or abuse. The director may access confidential information disclosed by the State Auditor under Title 5, section 244-D, subsection 3 in order to ensure appropriate agency referral or coordination between agencies to respond appropriately to all complaints made under Title 5, section 244-D.
Sec. 2. 5 MRSA §244-D is enacted to read:
§244-D. Referral service; confidentiality; public records
1. Identity confidential. The identity of a person making a complaint alleging fraud, waste, inefficiency or abuse through a hotline or other referral service established by the State Auditor for the confidential reporting of fraud, waste, inefficiency and abuse in State Government is confidential and may not be disclosed, unless the person making the complaint agrees in writing to the disclosure of that person's name.
2. Contents of complaint confidential. A complaint alleging fraud, waste, inefficiency or abuse made through a hotline or other referral service established by the State Auditor for the confidential reporting of fraud, waste, inefficiency and abuse in State Government and any resulting investigation is confidential and may not be disclosed except as provided in subsections 3 and 4.
3. Coordination with Office of Program Evaluation and Government Accountability and Attorney General. The State Auditor may disclose information that is confidential under this section to the Director of the Office of Program Evaluation and Government Accountability and the Attorney General to ensure appropriate agency referral or coordination between agencies to respond appropriately to all complaints made under this section.
4. Reports. For each complaint under this section, the State Auditor shall submit a written report to the Governor and publish the report on the auditor's publicly accessible website. The report must include a detailed description of the nature of the complaint, the office, bureau or division within the department or any agency that is the subject of the complaint, the determination of potential cost savings, if any, any recommended action and a statement indicating the degree to which the complaint has been substantiated. The report must be submitted no later than 120 days after the State Auditor receives the complaint. In addition, the State Auditor shall publish a semiannual report to the Governor and Legislature of the complaints received by the hotline or other referral service, which may be electronically published. The report must include the following information:
A. The total number of complaints received;
B. The number of referrals of fraud or other criminal conduct to the Attorney General;
C. The number of referrals of agency performance issues to the Office of Program Evaluation and Government Accountability; and
D. The number of investigations by the State Auditor by current status whether opened, pending, completed or closed.
5. Repeal. This section is repealed July 1, 2009.
Sec. 3. Establishment of referral criteria; report. Prior to commencement of a hotline or other referral service established by the State Auditor to receive complaints of fraud, waste, inefficiency or abuse in State Government, the State Auditor, the Attorney General and the Director of the Office of Program Evaluation and Government Accountability shall work together to establish criteria for the referral of such complaints received and coordination of the response between the appropriate agencies. The State Auditor shall report the results of this effort to the joint standing committee of the Legislature having jurisdiction over state and local government matters no later than 30 days following development of the criteria or at the next meeting convenient for the committee to receive the report.
Effective August 23, 2006.
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