An Act To Increase Government Efficiency
Maine Legislature, Session 127, LD 1241
Committee: Judiciary
Sponsors: KATZ, HARLOW, DAVIS, SAVIELLO, MALABY
Amends: 4 MRSA §1602, 22 MRSA §2054, 30-A MRSA §4723, 30-A MRSA §5951

Legislative Document 
No. 1241 
S.P. 446 
In Senate, April 7, 2015 
An Act To Increase Government Efficiency 
Reference to the Committee on Judiciary suggested and ordered printed. 
HEATHER J.R. PRIEST 
Secretary of the Senate 
Presented by Senator KATZ of Kennebec. 
Cosponsored by Representative HARLOW of Portland and 
Senators: DAVIS of Piscataquis, SAVIELLO of Franklin, Representative: MALABY of 
Hancock. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  4 MRSA §1602, sub-§3, as amended by PL 1997, c. 523, §2, is further 
amended to read: 
3.  Officers; quorum.  The authority shall elect from its membership a chair and a 
vice-chair.  In addition, the authority may have a secretary and a treasurer, who may be 
members or nonmembers of the authority.  Three members of the authority constitute a 
quorum and the vote of 3 members is necessary for any action taken by the authority.  A 
vacancy in the membership of the authority does not impair the right of a quorum to 
exercise all the rights and perform all the duties of the authority. 
The authority may meet by telephonic, video, electronic or other similar means of 
communication with less than a quorum assembled physically at the location of a public 
proceeding identified in the notice required by Title 1, section 406 only if: 
A.  Each member can hear all other members and speak to all other members during 
the public proceeding, and members of the public attending the public proceeding at 
the location identified in the notice required by Title 1, section 406 are able to hear all 
members participating from other locations; 
B.  Each member who is not physically present at the location of the public 
proceeding and who is participating through telephonic, video, electronic or other 
similar means of communication identifies all persons present at the location from 
which the member is participating; 
C.  A member who participates while not physically present at the location of the 
public proceeding identified in the notice required by Title 1, section 406 does so 
only when the member's attendance is not reasonably practical.  The reason that the 
member's attendance is not reasonably practical must be stated in the minutes of the 
meeting; and 
D.  Each member who is not physically present at the location of the public 
proceeding and who is participating through telephonic, video, electronic or other 
similar means of communication has received prior to the public proceeding all 
documents and materials discussed at the public proceeding, with substantially the 
same content as those presented at the public proceeding.  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 an action taken 
by the authority at the public proceeding. 
Sec. 2.  22 MRSA §2054, sub-§4, as enacted by PL 1971, c. 303, §1, is amended 
to read: 
4.  Powers of authority.  The powers of the authority shall be are vested in the its 
members thereof in office from time to time, and 5 members of the authority shall 
constitute a quorum at any meeting of the authority.  No A vacancy in the membership of 
the authority shall does not impair the right of such members a quorum to exercise all the 
rights and perform all the duties of the authority.  Any An action taken by the authority 
under this chapter may be authorized by resolution approved by a majority of the 
members present at any regular or special meeting, which resolution shall take takes 
effect immediately, or an action taken by the authority may be authorized by a resolution 
circularized or sent to each member of the authority, which shall take resolution takes 
effect at such time as a majority of the members shall have signed an assent to such 
resolution.  Resolutions of the authority need not be published or posted.  The authority 
may delegate by resolution to one or more of its members or its executive director such 
powers and duties as it may deem considers proper. 
The authority may meet by telephonic, video, electronic or other similar means of 
communication with less than a quorum assembled physically at the location of a public 
proceeding identified in the notice required by Title 1, section 406 only if: 
A.  Each member can hear all other members and speak to all other members during 
the public proceeding, and members of the public attending the public proceeding at 
the location identified in the notice required by Title 1, section 406 are able to hear all 
members participating from other locations; 
B.  Each member who is not physically present at the location of the public 
proceeding and who is participating through telephonic, video, electronic or other 
similar means of communication identifies all persons present at the location from 
which the member is participating; 
C.  A member who participates while not physically present at the location of the 
public proceeding identified in the notice required by Title 1, section 406 does so 
only when the member's attendance is not reasonably practical.  The reason that the 
member's attendance is not reasonably practical must be stated in the minutes of the 
meeting; and 
D.  Each member who is not physically present at the location of the public 
proceeding and who is participating through telephonic, video, electronic or other 
similar means of communication has received prior to the public proceeding all 
documents and materials discussed at the public proceeding, with substantially the 
same content as those presented at the public proceeding.  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 an action taken 
by the authority at the public proceeding. 
Sec. 3.  30-A MRSA §4723, sub-§2, ¶B, as amended by PL 2011, c. 560, §1, is 
further amended to read: 
B.  The Maine State Housing Authority, as authorized by Title 5, chapter 379, must 
have 10 commissioners, 8 of whom must be appointed by the Governor, subject to 
review by the joint standing committee of the Legislature having jurisdiction over 
economic development and to confirmation by the Legislature.  The 9th 
commissioner is the Treasurer of State who serves as an ex officio voting member.  
The Treasurer of State may designate the Deputy Treasurer of State to serve in place 
of the Treasurer of State. The 10th commissioner is the director of the Maine State 
Housing Authority who serves as an ex officio nonvoting member.  At least 3 
gubernatorial appointments must include a representative of bankers, a representative 
of elderly people and a resident of housing that is subsidized or assisted by programs 
of the United States Department of Housing and Urban Development or of the Maine 
State Housing Authority.  In appointing the resident, the Governor shall give priority 
consideration to nominations that may be made by tenant associations established in 
the State.  Of the 5 remaining gubernatorial appointments, the Governor shall give 
priority to a representative involved in the housing business and a representative of 
people with disabilities.  The powers of the Maine State Housing Authority are vested 
in the commissioners.  The commissioners may delegate such powers and duties to 
the director of the Maine State Housing Authority as they determine appropriate. 
The Governor shall appoint the chair of the commissioners from among the 8 
gubernatorial appointments.  The chair serves as a nonvoting member, except that the 
chair may vote only when the chair's vote will affect the result.  The commissioners 
shall elect a vice-chair of the commissioners from among their number.   
Following reasonable notice to each commissioner, 5 commissioners of the Maine 
State Housing Authority constitute a quorum for the purpose of conducting its 
business, exercising its powers and for all other purposes, notwithstanding the 
existence of any vacancies.  Action may be taken by the commissioners upon a vote 
of a majority of the commissioners present, unless otherwise specified in law or 
required by its bylaws. 
The Maine State Housing Authority may meet by telephonic, video, electronic or 
other similar means of communication with less than a quorum assembled physically 
at the location of a public proceeding identified in the notice required by Title 1, 
section 406 only if: 
(1)  Each commissioner can hear all other commissioners and speak to all other 
commissioners during the public proceeding, and members of the public 
attending the public proceeding at the location identified in the notice required by 
Title 1, section 406 are able to hear all commissioners participating from other 
locations; 
(2)  Each commissioner who is not physically present at the location of the public 
proceeding and who is participating through telephonic, video, electronic or other 
similar means of communication identifies all persons present at the location 
from which the commissioner is participating; 
(3)  A commissioner who participates while not physically present at the location 
of the public proceeding identified in the notice required by Title 1, section 406 
does so only when the commissioner's attendance is not reasonably practical.  
The reason that the commissioner's attendance is not reasonably practical must be 
stated in the minutes of the meeting; and 
(4)  Each commissioner who is not physically present at the location of the public 
proceeding and who is participating through telephonic, video, electronic or other 
similar means of communication has received prior to the public proceeding all 
documents and materials discussed at the public proceeding, with substantially 
the same content as those presented at the public proceeding.  Documents or 
other materials made available at the public proceeding may be transmitted to the 
commissioner not physically present during the public proceeding if the 
transmission technology is available.  Failure to comply with this subparagraph 
does not invalidate an action taken by the Maine State Housing Authority at the 
public proceeding. 
Sec. 4.  30-A MRSA §5951, sub-§4, as enacted by PL 1987, c. 737, Pt. A, §2 and 
Pt. C, §106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is 
further amended to read: 
4.  Officers of board; exercise of powers.  The board of commissioners shall elect 
one of its members as chairman, chair and one as vice-chairman vice-chair and shall 
appoint an executive director who shall also serve serves as both secretary and treasurer.  
The powers of the bank are vested in the commissioners of the bank in office from time 
to time.  Three commissioners of the bank constitutes constitute a quorum at any meeting 
of the commissioners.  Action may be taken and motions and resolutions adopted by the 
bank at any meeting by the affirmative vote of at least 3 commissioners of the bank.  A 
vacancy in the office of commissioner of the bank does not impair the right of a quorum 
of the commissioners to exercise all the powers and perform all the duties of the bank. 
The board of commissioners may meet by telephonic, video, electronic or other similar 
means of communication with less than a quorum assembled physically at the location of 
a public proceeding identified in the notice required by Title 1, section 406 only if: 
A.  Each commissioner can hear all other commissioners and speak to all other 
commissioners during the public proceeding, and members of the public attending the 
public proceeding at the location identified in the notice required by Title 1, section 
are able to hear all commissioners participating from other locations; 
B.  Each commissioner who is not physically present at the location of the public 
proceeding and who is participating through telephonic, video, electronic or other 
similar means of communication identifies all persons present at the location from 
which the commissioner is participating; 
C.  A commissioner who participates while not physically present at the location of 
the public proceeding identified in the notice required by Title 1, section 406 does so 
only when the commissioner's attendance is not reasonably practical.  The reason that 
the commissioner's attendance is not reasonably practical must be stated in the 
minutes of the meeting; and 
D.  Each commissioner who is not physically present at the location of the public 
proceeding and who is participating through telephonic, video, electronic or other 
similar means of communication has received prior to the public proceeding all 
documents and materials discussed at the public proceeding, with substantially the 
same content as those presented at the public proceeding.  Documents or other 
materials made available at the public proceeding may be transmitted to the 
commissioner not physically present during the public proceeding if the transmission 
technology is available.  Failure to comply with this paragraph does not invalidate an 
action taken by the bank at the public proceeding. 
SUMMARY 
This bill authorizes the Maine Governmental Facilities Authority, the Maine Health 
and Higher Educational Facilities Authority, the Maine State Housing Authority and the 
Maine Municipal Bond Bank to conduct public proceedings with one or more members 
of the board or commission participating via remote access technology in certain 
circumstances.