An Act An Act Concerning Meetings of Boards of Trustees and Governing Bodies of Quasi-municipal Corporations and Districts That Provide Water, Sewer and Sanitary Services
Maine Legislature, Session 126, LD 1809
Committee Amendment CA_A_H798 (House)

126TH LEGISLATURE . 
COMMITTEE AMENDMENT "~,, to H.P. 1300, L.D. 1809, Bill, 
Concerning Meetings of Public Bodies Using Communications Technology" 
II 
Amend the bill by striking out the title and substituting the following: 
"An Act 
'An Act Concerning Meetings of Boards of Trustees and Governing Bodies of Quasi-
municipal Corporations and Districts That Provide Water, Sewer and Sanitary 
Services' 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. t MRS A §403-A is enacted to read: 
§403-A. Public proceedings using communications technology by governing bodies 
of quasi-municipal corporations and districts 
1. Application. This section applies to public proceedings conducted by a governing 
body, including a board of trustees, of a quasi-municipal corporation or district, as 
defined in Title 30-A, section 2351, subsection 4, that provides water, sewer or sanitary 
services. 
2. Authorized participation. A governing body may conduct a public proceeding 
during which one or more members of the governing body participate in the discussion or 
transaction of public or governmental business when not physically present only if all of 
the following requirements are met: 
A. The governing body has adopted a written policy that authorizes a member of the 
governing body who is not physically present to participate in a public proceeding 
through combined audio and video means of communication in accordance with this 
section. The policy must establish criteria that must be met before a member may 
participate when not physically present. The policy may not allow a member who is 
not physically present to participate in an executive session; 
B. Notice of the public proceeding has been given in accordance with section 406; 
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C. Except as provided in subsection 4, a quorum of the governing body is assembled 
physically at the location identified in the notice required by section 406; 
D. Each member of the governing body participating in the public proceeding is able 
to see and 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 see and hear all 
members participating from other locations. If documents or materials that include 
pictures, graphs, illustrations or other information presented in a visual format are 
part of the discussion, either the communications technology used must ensure that 
all members can see the documents and materials while the documents and materials 
are being discussed or the documents and materials must be provided to all members 
not physically present before or during the proceeding; 
E. Each member who is not physically present and who is participating through 
combined audio and video 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 
combined audio and video 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 governing body in a public proceeding. 
3. Voting; quasi-judicial proceeding. A member of a governing body who is not 
physically present and who is participating through combined audio and video means of 
communication may vote in all proceedings other than quasi-judicial proceedings. A 
member of a governing body who is not physically present may participate in a 
quasi-judicial proceeding through combined audio and video means of communication, 
but may not vote on any issue concerning testimony or other evidence provided during 
the quasi-judicial proceeding. 
For the purposes of this subsection, "quasi-judicial 
proceeding" means a proceeding in which the governing body is obligated to objectively 
determine facts and draw conclusions from the facts so as to provide the basis of an 
official action when that action may affect the legal rights, duties or privileges of specific 
persons. 
4. Exception to quorum requirement. A governing body may convene a public 
proceeding by combined audio and video means of communication without a quorum 
under subsection 2, 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 and: 
(1) The public proceeding is necessary to take action to address the emergency; 
and 
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(2) The governing body otherwise complies with the provisions of this section to 
the extent practicable based on the circumstances of the emergency; or 
B. The governing body is expressly authorized by its governing statute to convene a 
public proceeding by combined audio and video means of communication with less 
than a quorum of the body assembled physically at the location identified in the 
notice required by section 406. 
5. Annual meeting. If a governing body conducts one or more public proceedings 
pursuant to this section, it also shall hold at least one public proceeding annually during 
which members of the governing body in attendance are physically assembled at one 
location and at which no members of the governing body participate by combined audio 
and video means of communication from a different location.' 
SUMMARY 
This amendment is the majority report of the Joint Standing Committee on Judiciary. 
This amendment limits the application of the bill to the governing bodies of quasi-
municipal corporations and districts, as defined in the Maine Revised Statutes, Title 
30-A, section 2351, subsection 4, that provide water, sewer or sanitary services if the 
governing bodies adopt policies that meet specified requirements. 
This amendment limits the type of communication technology that may be used to 
participate remotely to combined audio and video means of communication that permit 
all the members of the governing body and the public that are in attendance to see and 
hear all the members that are participating. 
This amendment prohibits a member who is not physically present from participating 
in an executive session. 
This amendment clarifies that a member who is not physically present may 
participate and vote remotely, but a member who is not physically present may not vote 
in a quasi-judicial proceeding on any issue concerning testimony or other evidence 
provided during the quasi-judicial public proceeding. The amendment defines "quasi-
judicial proceeding." 
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