An Act To Require Interscholastic Athletic Organizations To .Comply with Freedom of Access Laws
Maine Legislature, Session 124, LD 1306
Committee: judiciary
Sponsors: PRESCOTT, NUTTING, AUSTIN, BEAUDOIN, BEAULIEU, BICKFORD, CLARK, CLEARY, COTTA, CROCKETT, DILL, DUCHESNE, EATON, FOSSEL, GILES, HILL, KNIGHT, KRUGER, LEWIN, MILLER, RICHARDSON, SARTY, RDY, WEAVER, WEBSTER, COURTNEY, DAMON, GOODALL, NASS, SIMPSON
Amends: 13-B MRSA §408

Legislative Document 
No. 1306 . 
H.P.909 
. House of Representatives, March 31, 2009 
An Act To Require Interscholastic Athletic Organizations To 
.Comply with Freedom of Access Laws 
Reference to the Committee on judiciary suggested and ordered printed. 
~~1/1·mtU~{ 
Presented by Representative PRESCOTT of Topsham. 
Cosponsored by Senator NUTTING of Androscoggin and 
. MILLICENT M .. MacFARLAND . 
Clerk 
Representatives: AUSTIN of Gray, BEAUDOIN of Biddeford, BEAULIEU of Aubul11, 
BICKFORD of Auburn, BUTTERFIELD ofB~ll1gor, CLARK of Easton, CLEARY of Houlton, 
COTTA of China, CROCKETT of Bethel, DILL of Cape Elizabeth, DUCHESNE of Hudson, 
EATON of Sullivan, FOSSEL of Alna, GILES of Belfast, HARLOW ofPOliland, HILL of 
York, KNIGHT of Livermore Falls, KRUGER of Thomaston, LEWIN of Eliot, MacDONALD 
of Boothbay, McKANE of Newcastle, MILLER of Somerville; PENDLETON of Scarborough, 
RICHARDSON of Warren, SARTY of Dentnark; STRANG BURGESS of Cumberland, 
TA,RDY of Newport, TILTON .0fHarrington, WEAVER of York, WEBSTER of Freepoli, 
Senators: COURTNEY of York, DAMON of Hancock, GOODALL of Sag ada hoc, NASS of 
York, SIMPSON of Androscoggin. . 
. 
Printed on recycled paper 
'r/' e 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 13-B MRSA §408 is enacted to read: 
§408. Interscholastic athletic organizations 
An interscholastic athletic organization, as a condition of incorporation in this State, 
shall comply with the freedom· of access provisions of Title 1, chapter 13. 
If the 
Secretary of State detennines that the corporation has failed to comply with the 
provisions of Title 1, chapter 13, the Secretary of State shall cornrrience a proceeding 
under section 1113 to administratively dissolve the corporation. 
For purposes of this section, "interscholastic athletic organization" means an 
organization that: 
L Members. Has as its members public or private secondary schools; and 
2. 
Athletic activities. 
Promotes, organizes or regulates interscholastic athletic 
activities in this State. 
Sec. 2. 13-lB MRSA §1112, sulb-§5; as amended by PL 2007, c. 323, Pt. B, §9 
and affected by Pt. G, §4, is further amended to read: 
5. Failure to notify of change of registered agent or address. The corporation 
does not notify the Secretary of State that its registered agent has changed as required by 
Title 5, section 108, subsection 1 or the address of its registered agent has been changed 
as required by Title 5, section 109 or 11 0 or that its registered agent has resigned' as 
required by Title 5, section ~ 11; eF 
Sec. 3. 
13-:-B MRSA §1112, sulb-§6, as enacted by PL 2003, .c. 631, §3, IS 
amended to read: 
6. Filing of false information. An incorporator,director, officer or agent of the 
corporation signed a document with the knowledge that the document was false in a 
material respect and with the intent that the document be delivered to the Secretary of 
State for filing.,~ 
. 
Sec. 4. 13-lB MRSA §1112, sulb-§7 is enacted to read: 
7. Compliance with other law. An. incorporator, director, officer or agent of the 
corporation fails to comply with any other am?licable law~ 
. 
. 
SUMMARY 
This bill requires an interscholastic athletic organization that is incorporated in this 
State, such as the Maine Principals' Association, to comply with the freedom of access 
laws, such as having public meetings and making its records available to the public. If 
the Secretary of State determines that the corporation is not complying, the Secretary of 
State is allowed to commence dissolution proceedings against that corporation. 
) 
) 
)