An Act To Implement Recommendations of the Right To Know Advisory Committee Concerning Remote Participation in Public Proceedings
Maine Legislature, Session 127, LD 1586
Committee Amendment CA_A_H660 (House)
Committee: Judiciary
Amends: 1 MRSA §403-A

COMMITTEE AMENDMENT "A" to H.P. 1077, L.D. 1586, Bill, "An Act To 
Implement Recommendations of the Right To Know Advisory Committee Concerning 
Remote Participation in Public Proceedings" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 1 MRSA §403-A is enacted to read: 
§403-A. Remote participation in public proceedings 
1. Written policy required; posted. A body subject to this subchapter may conduct 
a public proceeding in which one or more members participate remotely through 
telephonic, video, electronic or other similar means of communication only if the body 
first adopts a written policy that governs remote participation and that explicitly describes 
how the policy meets the principles of this subchapter. The body shall make the policy 
available on its publicly accessible website, if any, and shall post a copy of the policy at 
the site of the proceeding included in the notice under section 406 in which one or more 
members participate remotely. 
2. Policy contents. The policy adopted under subsection 1 must address under what 
circumstances a member may participate remotely, whether a quorum is required to 
physically assemble. whether the body may conduct an executive session when a member 
is participating remotely, the regular, quasi-judicial or other proceedings in which a 
member participating remotely may vote and how the body will ensure that members of 
the public in attendance at the site of the proceeding included in the notice under section 
can hear or see and hear the members who are participating remotely. 
3. Policy provided to Public Access Ombudsman; review. A body shall submit a 
copy of the policy adopted under subsection 1 to the Public Access Ombudsman, 
appointed pursuant to Title 5, section 200-I, subsection 1, who shall make all the policies 
received available to the public and submit them annually to the advisory committee.' 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to H.P. 1077, L.D. 1586 
SUMMARY 
This amendment is the minority report of the Joint Standing Committee on Judiciary. 
This amendment replaces the bill, which restricts which public bodies may conduct 
public proceedings when one or more members are participating remotely through 
telephonic, video, electronic or other similar means of communication. Instead, this 
amendment provides that any body subject to the Freedom of Access Act may conduct a 
public proceeding in which one or more members participate remotely through 
telephonic, video, electronic or other similar means of communication, but only if the 
body first adopts a written policy that governs the remote participation and that explicitly 
describes how the policy meets the principles of the Freedom of Access Act. The policy 
must address under what circumstances a member may participate remotely, whether the 
body may conduct an executive session when a member is participating remotely, 
whether a quorum must physically assemble, the proceedings in which a member 
participating remotely may vote and how the body will ensure that members of the public 
in attendance at the site of the proceeding included in the notice can hear or see and hear 
the members who are participating remotely. 
A body that adopts a remote participation policy must make the policy available on 
the body's publicly accessible website and must post a copy at the location of each 
meeting during which one or more members participate remotely. 
A body that adopts a remote participation policy must send a copy of the policy to the 
Public Access Ombudsman, who will make all the policies received available to the 
public and submit them annually to the Right To Know Advisory Committee. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Revised: 03/21/16 feae. 
LD 1586 
LR 2610(02) 
An Act To ImplemenfRecommendations of the Right To Know Advisory Committee Concerning 
Remote Participation in Public Proceedings 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment.,t}" { /-J ... WlPD) 
Committee: Judiciary 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund· 
The Department of the Attorney General has indicated some limited legal work may be required from this bill, but any 
costs would be minor and can be absorbed within existing budgeted resources. 
LR2610(02)- Fiscal Note - Page I of I