An Act to Increase the Transparency and Accountability of the Maine Information and Analysis Center
Maine Legislature, Session 131, LD 1492
Committee: Criminal Justice and Public Safety
Sponsors: LOOKNER, BOYER, HASENFUS, JAUCH, MILLIKEN, O'NEIL, RECKITT, TALBOT ROSS, HICKMAN
Amends: 25 MRSA §1802, 25 MRSA §1803

Legislative Document
No. 1492
H.P. 947
House of Representatives, April 5, 2023
An Act to Increase the Transparency and Accountability of the 
Maine Information and Analysis Center
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative LOOKNER of Portland.
Cosponsored by Representatives: BOYER of Poland, HASENFUS of Readfield, JAUCH of 
Topsham, MILLIKEN of Blue Hill, O'NEIL of Saco, RECKITT of South Portland, Speaker 
TALBOT ROSS of Portland, Senator: HICKMAN of Kennebec.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  25 MRSA §1802 is enacted to read:
§1802.  Auditor
1. Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A. "Auditor" means the auditor of the center pursuant to this section.
B. "Committee" means the joint standing committee of the Legislature having 
jurisdiction over criminal justice and public safety matters.
2. Creation of position.  There is created within the Office of the Attorney General 
the position of auditor of the center. The auditor must be a person qualified by integrity and 
demonstrated ability in relevant fields. 
3. Appointment.  The Attorney General shall appoint the auditor without regard to 
political affiliation.
4. Powers and duties.  The auditor shall conduct systematic, ongoing oversight of the 
center to help bring transparency and accountability to its operations and to ensure that the 
center operates within the law and in a manner that preserves the privacy and liberty of all 
people in the State.  The auditor:
A.  Shall assist the committee in the oversight duties of the committee over the center;
B. Shall maintain a publicly accessible website that includes reports made to the 
committee pursuant to section 1801 and a means for the public to ask a question about 
the auditor or the center or submit a complaint about the auditor or center;
C. Shall keep confidential the identity of an officer that makes a good faith complaint 
against the center; and
D. May select the type and extent of reviews of center activities to conduct.
5. Reporting.  The auditor shall make the following reports to the committee:
A. An annual report no later than February 15th of each year regarding the oversight 
of the center;
B. An interim progress report no later than September 15th of each year, including 
progress made on previous goals, if applicable, and any obstacles the auditor has found 
in performing the requirements of this section; 
C. A report whenever the center or a state or local law enforcement agency refuses a 
data request or to make personnel available for auditor interviews, including the reason 
for the refusal, if known; and
D. Other reports as the auditor determines necessary.
The auditor shall redact from a report made under this subsection any information that is 
prohibited from disclosure, is sensitive and pertains to an ongoing investigation of criminal 
activity or would cause a specific and imminent threat to safety.
6. Limitations.  The auditor may not:
A. Require the center to take corrective action; or
B. Disclose the name or other personally identifying information of an informant, 
witness or suspect or other source of information to the center.
7. Center cooperation.  The center shall make available documents and personnel as 
requested by the auditor.
8. Commissioner input.  The Commissioner of Public Safety may present a response 
to an issue reported by the auditor.
Sec. 2.  25 MRSA §1803 is enacted to read:
§1803.  Public record
Information shared by the center with a private entity is a public record within the 
meaning of the Freedom of Access Act.
Sec. 3.  Priority of tasks.  Notwithstanding the Maine Revised Statutes, Title 25, 
section 1802, subsection 4, paragraph D, the auditor of the Department of Public Safety, 
Maine Information and Analysis Center, a cooperative effort between the Department of 
Defense, Veterans and Emergency Management, Maine Emergency Management Agency 
and the State Police, in preparation for the auditor's first required report, shall review the 
center's record-keeping and information-sharing practices, particularly with respect to 
intelligence gathering.  The auditor shall assess the policies that the center uses to determine 
the quality or veracity of the information that the center gathers and whether those policies 
appropriately consider the privacy and liberty interests of all people in the State.  The 
auditor shall determine whether the center's practices comply with the requirements of 
federal regulations regarding criminal intelligence collection, retention and sharing, 
particularly 28 Code of Federal Regulations, Part 23.
SUMMARY
This bill creates the position of auditor within the Office of the Attorney General for 
the purpose of conducting systematic, ongoing oversight of the Department of Public 
Safety, Maine Information and Analysis Center, a cooperative effort between the 
Department of Defense, Veterans and Emergency Management, Maine Emergency 
Management Agency and the State Police, to help bring transparency and accountability to 
its operations and to ensure that the center operates within the law and in a manner that 
preserves the privacy and liberty of all people in the State and directs the auditor to include 
certain reviews in the auditor's first required report.  The bill provides that information 
shared by the center with a private entity is a public record within the meaning of the 
Freedom of Access Act.