An Act To Implement the Recommendations of the Right To Know Advisory Committee Concerning Meetings of Public Bodies
Maine Legislature, Session 126, LD 0258
Committee: Judiciary
Amends: 1 MRSA §403-A, 10 MRSA §384, 32 MRSA §88, 39-A MRSA §151

Legislative Document 
No. 258 
H.P. 195 
House of Representatives, February 5, 2013 
An Act To Implement the Recommendations of the Right To Know 
Advisory Committee Concerning Meetings of Public Bodies 
Reported by Representative PRIEST of Brunswick for the Joint Standing Committee on 
Judiciary pursuant to the Maine Revised Statutes, Title 1, section 411, subsection 6, paragraph 
G. 
Reference to the Committee on Judiciary suggested and ordered printed pursuant to Joint 
Rule 218. 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
PART A 
Sec. A-1.  1 MRSA §403-A is enacted to read: 
§403-A.   Public proceedings through other means of communication 
This section governs public proceedings, including executive sessions, during which 
public or governmental business is discussed or transacted through telephonic, video, 
electronic or other similar means of communication. 
1.  Requirements.  A body subject to this subchapter may conduct a public 
proceeding during which a member of the body participates in the discussion or 
transaction of public or governmental business through telephonic, video, electronic or 
other similar means of communication only if the following requirements are met: 
A.  The body has adopted a policy that authorizes a member of the body who is not 
physically present to participate in a public proceeding through telephonic, video, 
electronic or other similar means of communication in accordance with this section.  
The policy may establish circumstances under which a member may participate when 
not physically present; 
B.  Notice of the public proceeding has been given in accordance with section 406; 
C.  Except as provided in subsection 3, a quorum of the body is assembled physically 
at the location identified in the notice required by section 406; 
D.  Each member of the body participating in the public proceeding is able to hear all 
the other members and speak to all the other members during the public proceeding, 
and members of the public attending the public proceeding in the location identified 
in the notice required by section 406 are able to hear all members participating from 
other locations; 
E.  Each member who is not physically present and who is participating through 
telephonic, video, electronic or other similar means of communication identifies the 
persons present at the location from which the member is participating; 
F.  All votes taken during the public proceeding are taken by roll call vote; and 
G.  Each member who is not physically present and who is participating through 
telephonic, video, electronic or other similar means of communication has received 
prior to the public proceeding any documents or other materials that will be discussed 
at the public proceeding, with substantially the same content as those documents 
actually presented.  Documents or other materials made available at the public 
proceeding may be transmitted to the member not physically present during the 
public proceeding if the transmission technology is available. Failure to comply with 
this paragraph does not invalidate the action of a body in a public proceeding. 
2.  Voting; judicial or quasi-judicial proceeding.  A member of a body who is not 
physically present and who is participating in a judicial or quasi-judicial public 
proceeding through telephonic, video, electronic or other similar means of 
communication may not vote on any issue concerning testimony or other evidence 
provided during the judicial or quasi-judicial public proceeding. 
3.  Exception to quorum requirement.  A body may convene a public proceeding 
by telephonic, video, electronic or other similar means of communication without a 
quorum under subsection 1, paragraph C if: 
A.  An emergency has been declared in accordance with Title 22, section 802, 
subsection 2-A or Title 37-B, section 742; 
B.  The public proceeding is necessary to take action to address the emergency; and 
C.  The body otherwise complies with the provisions of this section to the extent 
practicable based on the circumstances of the emergency. 
4.  Annual meeting.  If a body conducts one or more public proceedings pursuant to 
this section, it shall also hold at least one public proceeding annually during which 
members of the body in attendance are physically assembled at one location and where no 
members of the body participate by telephonic, video, electronic or other similar means 
of communication from a different location. 
PART B 
Sec. B-1.  10 MRSA §384, sub-§5 is enacted to read: 
5.  Meetings.  The board shall have a physical location for each meeting.  
Notwithstanding Title 1, section 403-A, board members may participate in meetings by 
teleconference.  Board members participating in the meeting by teleconference are not 
entitled to vote and are not considered present for the purposes of determining a quorum, 
except in cases in which the chair of the board determines that the counting of members 
participating by teleconference and the allowance of votes by those members is necessary 
to avoid undue hardship to an applicant for an investment. 
Sec. B-2.  32 MRSA §88, sub-§1, ¶D, as amended by PL 2007, c. 274, §19, is 
further amended to read: 
D.    A majority of the members appointed and currently serving constitutes a quorum 
for all purposes and no decision of the board may be made without a quorum present.  
A majority vote of those present and voting is required for board action, except that 
for purposes of either granting a waiver of any of its rules or deciding to pursue the 
suspension or revocation of a license, the board may take action only if the proposed 
waiver, suspension or revocation receives a favorable vote from at least 2/3 of the 
members present and voting and from no less than a majority of the appointed and 
currently serving members.   The Notwithstanding Title 1, section 403-A, the board 
may use video conferencing and other technologies to conduct its business but is not 
exempt from Title 1, chapter 13, subchapter 1.  Members of the board, its 
subcommittees or its staff may participate in a meeting of the board, subcommittees 
or staff via video conferencing, conference telephone or similar communications 
equipment by means of which all persons participating in the meeting can hear each 
other, and participation in a meeting pursuant to this subsection constitutes presence 
in person at such meeting. 
Sec. B-3.  39-A MRSA §151, sub-§5, as amended by PL 2003, c. 608, §9, is 
further amended to read: 
5.  Voting requirements; meetings.  The board may take action only by majority 
vote of its membership.  The Notwithstanding Title 1, section 403-A, the board may hold 
sessions at its central office or at any other place within the State and shall establish 
procedures through which members who are not physically present may participate by 
telephone or other remote-access technology.  Regular meetings may be called by the 
executive director or by any 4 members of the board, and all members must be given at 
least 7 days' notice of the time, place and agenda of the meeting.  A quorum of the board 
is 4 members, but a smaller number may adjourn until a quorum is present.  Emergency 
meetings may be called by the executive director when it is necessary to take action 
before a regular meeting can be scheduled.  The executive director shall make all 
reasonable efforts to notify all members as promptly as possible of the time and place of 
any emergency meeting and the specific purpose or purposes for which the meeting is 
called.  For an emergency meeting, the 4 members constituting a quorum must include at 
least one board member representing management and at least one board member 
representing labor. 
SUMMARY 
This bill implements the majority recommendation of the Right To Know Advisory 
Committee.  
Part A authorizes the use of remote-access technology to conduct public proceedings.  
Subject to the following requirements, it authorizes a body to conduct a public proceeding 
during which a member of the body participates in the discussion or transaction of public 
or government business through telephonic, video, electronic or other similar means of 
communication. 
1.  The body must adopt a policy that authorizes such participation and establishes the 
circumstances under which a member may participate when not physically present. 
2.  Notice of any proceeding must be provided in accordance with the Freedom of 
Access Act. 
3.  A quorum of the body must be physically present, except that under certain 
emergency circumstances, a body may convene a public proceeding by telephonic, video, 
electronic or other similar means of communication without a quorum assembled 
physically at one location. 
4.  Members of the body must be able to hear and speak to each other during the 
proceeding. 
5.  A member who is participating remotely must identify the persons present in the 
location from which the member is participating. 
6.  All votes taken during the public proceeding must be taken by roll call vote. 
7.  Each member who is not physically present and who is participating through 
telephonic, video, electronic or other similar means of communication must have 
received, prior to the proceeding, any documents or other materials that will be discussed 
at the public proceeding, with substantially the same content as those documents actually 
presented. 
8.  A member of a body who is not physically present may not vote on any issue 
concerning testimony or other evidence provided during the public proceeding if it is a 
judicial or quasi-judicial proceeding. 
9.  If a body conducts one or more public proceedings using remote-access 
technology, the body must also hold at least one public proceeding annually during which 
all members of the body in attendance are physically assembled at one location.  
Under current law, the following state agencies are authorized to use remote-access 
technology to conduct meetings: the Finance Authority of Maine, the Commission on 
Governmental Ethics and Election Practices, the Emergency Medical Services' Board and 
the Workers’ Compensation Board.  Part B provides a specific exemption from the new 
requirements for the Small Enterprise Growth Board, the Emergency Medical Services' 
Board and the Workers’ Compensation Board.