An Act To Promote Transparency with Respect to Surveillance Technology
Maine Legislature, Session 128, LD 0823
Committee: State and Local Government
Sponsors: BELLOWS, MOONEN, BRAKEY, KATZ, LANGLEY, BABBIDGE, CEBRA, GUERIN, HARVELL, JOHANSEN
Amends: 5 MRSA §59, 25 MRSA §4501

Legislative Document
No. 823
S.P. 268
In Senate, March 2, 2017
An Act To Promote Transparency with Respect to Surveillance 
Technology
Reference to the Committee on State and Local Government suggested and ordered printed.
HEATHER J.R. PRIEST
Secretary of the Senate
Presented by Senator BELLOWS of Kennebec.
Cosponsored by Representative MOONEN of Portland and
Senators: BRAKEY of Androscoggin, KATZ of Kennebec, LANGLEY of Hancock, 
Representatives: BABBIDGE of Kennebunk, CEBRA of Naples, GUERIN of Glenburn, 
HARVELL of Farmington, JOHANSEN of Monticello.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  5 MRSA §59 is enacted to read: 
§59.  State acquisition and use of surveillance technology 
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings: 
A.  "State entity" means any office, department, agency, authority, institution or other 
instrumentality of the State; 
B.  "Surveillance data" means any electronic data collected, captured, recorded, 
retained, processed, intercepted, analyzed or shared by surveillance technology; and 
C.  "Surveillance technology" means any electronic surveillance device, hardware or 
software that is capable of collecting, capturing, recording, retaining, processing, 
intercepting, analyzing, monitoring or sharing audio, visual, digital, location, thermal, 
biometric or similar information or communications specifically associated with, or 
capable of being associated with, any specific person or group or any system, device 
or vehicle that is equipped with an electronic surveillance device, hardware or 
software. 
2.  Surveillance technology; requirements for acquisition and use.  A state entity 
may not seek funding or in-kind support to acquire surveillance technology; acquire, 
share or borrow surveillance technology; use surveillance technology for a purpose or in 
a manner not previously approved by the Legislature under this subsection; or request 
proposals for or enter into an agreement with another entity to acquire, share, borrow or 
otherwise use surveillance technology or surveillance data, unless the state entity: 
A.  Holds a public hearing regarding the functionality of the proposed surveillance 
technology to be acquired or used; the proposed activity or activities relating to 
surveillance technology; adverse effects, if any, the use of the proposed technology 
could have on civil rights and civil liberties; measures that could be implemented to 
avoid any adverse effects; and with which other entities, if any, the state entity may 
voluntarily share surveillance data. The state entity shall publish notice of the public 
hearing in a newspaper with general circulation throughout the State at least 14 days 
in advance of the public hearing. The state entity shall provide the opportunity for 
members of the public to provide written and oral testimony at the public hearing and 
to file written testimony within 10 days of the close of the public hearing; and 
B.  Obtains legislative approval of the proposed activity or activities relating to 
surveillance technology. For the purposes of this paragraph, "legislative approval" 
means enactment of legislation that: 
(1)  Expressly approves the use of the surveillance technology for a specified 
activity or activities; 
(2)  Limits the use of the surveillance technology to the expressly approved 
activity or activities under subparagraph (1); 
(3)  Enumerates with which other entities, if any, the state entity may voluntarily 
share the surveillance data; and 
(4)  Provides that legislative approval for the use of the surveillance technology is 
contingent upon the implementation of any measures the Legislature considers 
necessary to avoid adverse effects of that use on civil rights and civil liberties. 
Sec. 2.  25 MRSA §4501, sub-§§3 and 4, as enacted by PL 2015, c. 307, §1, are 
amended to read: 
3.  Acquisition of unmanned aerial vehicles.  The Subject to the additional 
requirements imposed by Title 5, section 59, the acquisition of an unmanned aerial 
vehicle by a law enforcement agency must be approved by the governing body of the 
governmental unit overseeing the law enforcement agency seeking to make such an 
acquisition or, in the case of a state agency, by the commissioner of that agency. 
4.  Law enforcement agency operation of unmanned aerial vehicles.  A law 
enforcement agency's operation of an unmanned aerial vehicle must fully comply with all 
Federal Aviation Administration requirements and guidelines, including the acquisition of 
a certificate of authorization or waiver from the Federal Aviation Administration and with 
the requirements imposed in Title 5, section 59.  Additionally, a law enforcement 
agency's use of an unmanned aerial vehicle is governed by the following provisions. 
A.  A law enforcement agency may not use an unmanned aerial vehicle before 
adopting standards that meet, at a minimum, the standards set forth in subsection 5. 
B.  Except as permitted by a recognized exception to the requirement for a warrant 
under the Constitution of Maine or the United States Constitution, a law enforcement 
agency may not use an unmanned aerial vehicle for criminal investigations without a 
warrant. 
C.  Notwithstanding paragraph A, a law enforcement agency may use an unmanned 
aerial vehicle for the purpose of a search and rescue operation when the law 
enforcement agency determines that use of an unmanned aerial vehicle is necessary 
to alleviate an immediate danger to any person or for training exercises related to 
such uses. 
D.  Notwithstanding paragraph A, a law enforcement agency may use an unmanned 
aerial vehicle for purposes other than the investigation of crime, including, but not 
limited to, aerial photography for the assessment of accidents, forest fires and other 
fire scenes, flood stages and storm damage. 
E.  In no case may a weaponized unmanned aerial vehicle be used or its use 
facilitated by a state or local law enforcement agency in this State. 
F.  A law enforcement agency may not use an unmanned aerial vehicle to conduct 
surveillance of private citizens peacefully exercising their constitutional rights of free 
speech and assembly. 
G.  Notwithstanding paragraph A, a law enforcement agency may use an unmanned 
aerial vehicle for an emergency use approved by the chief administrative officer of 
the agency or the Governor. 
SUMMARY 
This bill requires a state entity to hold a public hearing and obtain legislative 
approval prior to engaging in certain activities relating to the acquisition and use of 
surveillance technology.