An Act To Implement Recommendations of the Right To Know Advisory Committee Concerning Remote Participation
Maine Legislature, Session 128, LD 1832
Committee: Judiciary
Amends: 1 MRSA §403-A

Legislative Document
No. 1832
H.P. 1274
House of Representatives, February 8, 2018
An Act To Implement Recommendations of the Right To Know 
Advisory Committee Concerning Remote Participation
Reported by Representative MOONEN of Portland 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.
ROBERT B. HUNT
Clerk
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  1 MRSA §403-A is enacted to read:
§403-A.  Remote participation in public proceedings
It is the intent of the Legislature that actions of bodies subject to this subchapter be 
taken openly and their deliberations be conducted openly.  This section governs 
participation in a public proceeding of such a body by a member of that body when the 
member is not physically present.  Remote participation, which means participation 
through telephonic, video, electronic or other similar means of communication may not 
be used to defeat the purposes of this subchapter as stated in section 401.  The Legislature 
may not allow its members to participate remotely in public proceedings of the 
Legislature.
1.  Remote participation; requirements.  Except as provided in subsection 2, a 
body subject to this subchapter may not allow a member of the body to participate 
remotely in any of its public proceedings unless the participation is in accordance with 
this subchapter and:
A.  After notice and public hearing, the body has adopted a written policy or rule that 
authorizes a member of the body who is not physically present to participate in a 
public proceeding of that body in a manner that allows all members to simultaneously 
hear and speak to each other during the public proceeding and allows members of the 
public attending the public proceeding at the location identified in the notice required 
by section 406 to hear all members of the body.  If the policy allows remote 
participation in executive sessions, the policy must establish procedures and 
requirements that ensure the privacy of the executive session;
B.  A quorum is physically present at the location identified in the notice required by 
section 406, unless immediate action is imperative and physical presence of a quorum 
is not reasonably practicable within the period of time in which action must be taken.  
The determination that a quorum is not required under this paragraph must be made 
by the presiding officer of the body and the facts supporting that determination must 
be included in the record of the meeting.  A body may not consider matters other than 
those requiring immediate action in a public proceeding held pursuant to this 
subsection when a quorum is not physically present;
C.  Each member of the body who is participating in the public proceeding remotely 
identifies for the record all persons present at the location from which the member is 
participating.  The member shall note for the record when any person enters or leaves 
the location throughout the course of the public proceeding;
D.  All votes taken during the public proceeding are taken by roll call;
E.  A member of the body who is not physically present at the location identified in 
the notice required by section 406 does not participate and does not vote in an 
adjudicatory proceeding; and
F.  Each member of the body who is participating in the public proceeding remotely 
receives any documents or other materials presented or discussed at the public 
proceeding in advance or when made available at the public proceeding if the 
transmission technology is available.  Failure to comply with this subsection does not 
invalidate an action of the body.
2.  Exceptions.  The following bodies are exempt from the provisions of this section 
and a member of the following bodies may participate in a public proceeding of the body 
when the member is not physically present:
A.  The Finance Authority of Maine, as provided in Title 10, section 971;
B.  The Commission on Governmental Ethics and Election Practices, as provided in 
Title 21-A, section 1002, subsection 2;
C.  The Maine Health and Higher Educational Facilities Authority, as provided in 
Title 22, section 2054, subsection 4;
D.  The Maine State Housing Authority, as provided in Title 30-A, section 4723, 
subsection 2, paragraph B;
E.  The Maine Municipal Bond Bank, as provided in Title 30-A, section 5951, 
subsection 4;
F.  The Emergency Medical Services' Board, as provided in Title 32, section 88, 
subsection 1, paragraph D; and
G.  The Workers' Compensation Board, as provided in Title 39-A, section 151, 
subsection 5.
SUMMARY
This bill implements the recommendation of the Right To Know Advisory 
Committee to clarify when members of public bodies may participate remotely in public 
proceedings of those bodies.  The bill prohibits a body subject to the Freedom of Access 
Act from allowing its members to participate in its public proceedings through 
telephonic, video, electronic or other similar means of communication unless the body 
has adopted a written policy that authorizes remote participation in a manner that allows 
all members to simultaneously hear and speak to each other during the public proceeding 
and allows members of the public attending the public proceeding at the location 
identified in the meeting notice to hear all members of the body.  If the policy allows 
remote participation in executive sessions, the policy must establish procedures and 
requirements that ensure the privacy of the executive session.  The bill requires a quorum 
of the body to be physically present at the location identified in the meeting notice unless 
immediate action is imperative and physical presence of a quorum is not reasonably 
practicable within the period of time requiring action.  The bill requires that each member 
participating remotely identify all persons present at the remote location, that all votes be 
taken by roll call and that members participating remotely receive documents or other 
materials presented or discussed at the public proceeding in advance or when made 
available at the meeting, if the technology is available.  The bill prohibits members who 
are not physically present at the meeting location from participating and voting in 
adjudicatory proceedings. 
The bill prohibits the Legislature from allowing its members to participate in its 
public proceedings through telephonic, video, electronic or other similar means of 
communication, but allows the Finance Authority of Maine, the Commission on 
Governmental Ethics and Election Practices, the Maine Health and Higher Educational 
Facilities Authority, the Maine State Housing Authority, the Maine Municipal Bond 
Bank, the Emergency Medical Services' Board and the Workers' Compensation Board to 
continue allowing remote participation at their public proceedings as currently authorized 
in law.