An Act To Encourage Reporting of Potential Fraud in State Government
Maine Legislature, Session 122, LD 1741
Committee Amendment CA_A_S543 (Senate)
Amends: 5 MRSA §244-D

COMMITTEE AMENDMENT "A" to S.P. 658, L.D. 1741, Bill, "An 
Act To Encourage Reporting of Potential Fraud in State Government" 
Amend the bill by striking out the title and substituting 
the following: 
'An 
Act 
To 
Encourage 
Reporting of Potential 
Fraud, 
Waste, 
Inefficiency and Abuse in State Government' 
Further amend the bill by striking out everything after the 
enacting clause and before the summary and inserting in its place 
the following: 
'Sec. 1. 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. 
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 subsection 3. 
3. 
Public records. 
Records kept pursuant to this section 
are public records as described in this subsection. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,~" to S.P. 658, L.D. 1741 
A. 
The 
State Auditor 
shall publish 
a 
report of each 
complaint alleging fraud, waste, inefficiency or abuse. 
The 
report must include a detailed description of the nature of 
the complaint, the identity of the person or persons who are 
the subject of the complaint and a statement indicating the 
degree to which the compl~int has been substantiated. 
(1) 
Except 
as 
provided in subparagraph 
(2), 
this 
report must be published not later than 90 days after 
the State Auditor receives the complaint. 
(2) 
If 
the 
State 
Auditor's 
investigation is 
not 
substantially 
completed 
within 
the 
90-day 
period 
described in subparagraph (1), the State Auditor shall 
publish the complaint without disclosing the identity 
of the person or persons who are the subject of the 
complaint. 
At the conclusion of the investigation or 
within 
days 
of 
the 
receipt of 
the 
complaint, 
whichever is earlier, the State Auditor shall publiSh 
the full report as required by this paragraph. 
B. 
The State Auditor shall prepare an annual summary of the 
complaints 
received 
by 
the 
hotline 
or 
other 
referral 
service. 
The summary must include the following information: 
(1) 
The total number of 'complaints received; 
(2) 
The number of referrals of fraud or other criminal 
conduct to the Attorney General; 
(3) 
The 
number of referrals of agency performance 
issues 
to 
the 
Office 
of 
Program 
Evaluation 
and 
Governmental Accountability; 
(4) 
The number of investigations conducted; 
(5) 
The number of substantiated complaints of waste, 
inefficiency and abuse, including the type of waste, 
inefficiency 
or 
abuse 
and 
the 
corrective 
action 
recommended; and 
(6) 
Any other information that describes the operation 
of 
the hotline 
or other referral 
service 
and 
the 
investigations. 
4. 
Repeal. 
This section is repealed July 1, 2009.' 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "~,, to S.P. 658, L.D. 1741 
SUMMARY 
This amendment replaces the bill. 
This amendment establishes confidentiality protections for 
certain information if the State Auditor creates a hotline or 
other referral service for the confidential reporting of fraud, 
waste, 
inefficiency 
and 
abuse 
in 
State 
Government. 
This 
amendment provides confidentiality of the identity of a person 
making a complaint alleging fraud, waste, inefficiency or abuse 
in State Government 
to 
a 
hotline or other referral service 
established by the State Auditor for confidential reporting. 
It 
also provides that the content of the complaint is confidential, 
except that the State Auditor shall publish a report of each 
complaint alleging fraud, 
waste, 
inefficiency or abuse. 
The 
report must include a detailed description of the nature of the 
complaint, the identity of the person or persons who are the 
subject of the complaint and a statement indicating the degree to 
which the complaint has been substantiated. 
The report must be 
published not later than 90 days after the State Auditor receives 
the complaint, 
unless 
the investigation is not substantially 
completed within that time period. 
In such a case, the State 
Auditor 
shall 
publish 
the 
complaint 
without 
disclosing 
the 
identi ty of the person or persons who are the subject of the 
complaint. 
At the conclusion of the investigation or within 180 
days of the receipt of the complaint, whichever is earlier, the 
State Auditor shall publish the full report. 
In addition, the State Auditor must submit an annual summary 
of the complaints made to the hotline or other referral service. 
The 
summary must provide aggregate information, including the 
number of referrals to the Attorney General for fraud or other 
criminal conduct and the number of referrals to the Office of 
Program 
Evaluation 
and 
Governmental 
Accountability 
for 
performance issues. 
This amendment includes a repeal date for these provisions 
of July 1, 2009. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/15106 :JI;?ae 
LD 1741 
LR2790(02) 
An Act To Encourage Reporting of Potential Fraud in State Government 
Fiscal Note for Bill as Amended by Committee Amendment 'A" 
Committee: Judiciary 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
LR2790(2) - Fiscal Note - Page 1 of 1