An Act To Increase Government Efficiency
Maine Legislature, Session 127, LD 1241
Committee Amendment CA_A_S276 (Senate)

COMMITTEE AMENDMENT" A " to S.P. 446, L.D. 1241, Bill, "An Act To 
Increase Government Efficiency" 
Amend the bill in section I in subsection 3 by striking out all of paragraphs C and D 
(page 1, lines 21 to 34 in L.D.) and inserting the following: 
'C. A member who participates while not physically present at the location of the 
public proceeding identified in the notice required by Title I, section 406 does so 
only-Hif the m~mber is needed for a quorum as dete~ined by th~ executiv~ director or 
when the member's attendance is not reasonably practical for one of the following 
reasons: 
(1) Illness of the member; 
(2) Weather that makes driving hazardous; or 
(3) 
Unexpected traffic delays or vehicle breakdowns when the member is 
trave~ing to the meeting. 
The reason that the member is not physically present at the location must be stated in 
the minutes of the meeting; 
, 
' 
O. 
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 
availa~le; and 
E. Any executive session includes only members who are physically present at the 
location of the public proceeding identified ,in the notice.' 
Amend the bill in section 2 in subsection 4 by striking out all of paragraphs C and D 
(page 2, lines 20 to 33 in L.D.) and inserting the following: 
COMMITTEE AMENDMENT 
II 
COMMITTEE AMENDMENT" A" to S.P. 446, L.D. 1241 
'e. A member who participates while not physically present at the location of the 
public j;Jroceeding identified in the notice required by Title I, section 406 does so 
only if the member is needed for a quorum as determined by the executive director or 
when the member's attendance is not reasonably practical for one of the following 
reasons: 
(I) Illness of the member; 
(2) Weather that makes driving hazardous; or 
(3) 
Unexpected traffic delays or vehicle breakdowns when the member IS 
traveling to the meeting. 
The reason that the member is not physically present at the location must be stated in 
the minutes of the meeting; 
D. 
Each member who is not 'physically Rresent 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; and 
E. Any executive session includes only members who are physically present at the 
location of the public proceeding identified in the notice.' 
Amend the bill in section 3 in paragraph B by striking out all of subparagraphs (3) 
and (4) (page 3, lines 33 to 44 and page 4, lines 1 to 3 in L.D.) and inserting the 
following: 
'(3) A commissioner who participates while not physically present at the location 
of the public pro~eeding identified in the notice requir~d by Title 1, section 406 
does so only if the commissioner is needed for a quorum as determined by the 
director or when the commissioner's attendance is not reasonably practical for 
one of the following reasons: 
Ca) Illness of the commissioner; 
Cb) Weather that makes driving hazardous; or 
(c) Unexpected traffic delays or vehicle breakdowns when the commissioner 
is tra veUng to the meeting. 
The reason that the commissioner is not physically present at the location must be 
stated in the minutes of the meeting; 
(4) Each commissioner who is not j;Jhysically 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 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT"'A" to S.P. 446, L.D. 1241 
other materials made available at the Rublic groceeding may be transmitted to the 
commissioner not physically present during the public proceeding if the 
transmission technology is available; and 
(5) 
Any executive session includes only commiSSIOners who are physically 
present ~t the location of the public proceeding identified in the notice.' 
Amend the bill in' section 4 in subsection 4 by striking out all of paragraphs C and D 
(page 4, lines 27 to 40 in L.D.) and inserting the following: 
'C. A commissioner who participates while not physically present at the location of 
the public proceeding identified in the notice reqllired by Title 1, section 406 does so 
only if the commissioner is needed for a quomm as detennined by the executive 
director or when the commissioner's attendance is not reasonably practical for one of 
the following reasons: 
(1) Illness of the commissioner; 
(2) Weather that makes driving hazardous; or 
(3) Unexpected traffic delays or vehicle breakdowns when the commissioner is 
traveling to the meeting. 
The reason that the commissioner is not physically present at the location must be 
stated in the minutes ofthe 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 p~oceeding, with substantially the 
same content as those presented at the public proceeding. 
Documents or other 
mat~rials made avail~ble ~t the public p;~ceeding' may be tra~~mitted to the 
commissioner not physically present during the public proceeding if the transmission 
technology is available; and 
E. Any executive session includes only commissioners who are physically present at 
the location of the public proceeding identified in the notice.' 
SUMMARY 
This amendment is the majority report of the Joint Standing Committee on Judiciary 
and amends the bill to bar remote pmiicipation in executive sessions of the board and 
authorities subject to the bill and lists specific and limited situations when a member may 
participate remotely in the public proceedings. 
COMMITTEE AMENDMENT