An Act To Implement Recommendations of the Right To Know Advisory Committee Concerning Remote Participation
Maine Legislature, Session 128, LD 1832
Committee Amendment CA_A_H735 (House)
Amends: 1 MRSA §403-A, 10 MRSA §971, 10 MRSA §971-A, 21-A MRSA §1002, 22 MRSA §2054, 30-A MRSA §4723, 30-A MRSA §5951, 32 MRSA §88, 39-A MRSA §151, 1 MRSA §431, 1 MRSA §435

COMMITTEE AMENDMENT "ff" to H.P. 1274, L.D. 1832, Bill, "An Act To 
Implement Recommendations of the Right To Know Advisory Committee Concerning 
Remote Participation" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'PART A 
Sec. A-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 public 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 public body by a member of that 
public 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 5, a 
public body subject to this subchapter may not allow a member of the public 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 public body has adopted a written policy or 
rule that authorizes a member of the public body who is not physically present to 
participate in a public proceeding of that public 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 public 
body. The policy may not allow remote participation in executive sessions. The 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to H,P. 1274, L.D. 1832 
policy must prohibit a member who is participating remotely from voting on an issue 
that was discussed in an executive session if the executive session immediately 
precedes the proceeding in which the vote is taken; 
B. For public bodies consisting of 3 or fewer members, at least one member is 
physically present at the location identified in the notice required by section 406: and, 
for public bodies of more than 3 members, 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 public 
body and the facts supporting that determination must be included in the record of the 
meeting. A public body of 3 or more members 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. 
Every member must be 
physically present for at least one proceeding each year; 
C. Each member of the public 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 public 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 public 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. State public bodies. The policy under subsection 1 applicable to a state public 
body must be adopted by the public body as a major substantive rule under the Maine 
Administrative Procedure Act. 
3. 
County and municipal public bodies, 
A county or municipality may by 
ordinance require stricter requirements than those set out in this section and may prohibit 
remote participation by any public body under its jurisdiction. 
4. Elected public bodies. A public body consisting of elected members may adopt a 
policy under subsection 1 only after the constituents of the public body have voted to 
authorize the public body to adopt the remote participation policy. The public body must 
provide notice and hold a separate hearing before adopting the remote participation 
policy. 
5. Exceptions. The following public bodies are exempt from the provisions of this 
section and a member of the following bodies may participate in a public proceeding of 
the public body when the member is not physically present: 
A. The Finance Authority of Maine, as provided in Title 10, section 971; 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT «A" to H.P. 1274, L.D. 1832 
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. 
This subsection is repealed July 1, 2022. 
PARTB 
Sec. B-1. 10 MRSA §971, as amended by PL 1995, c. 117, Pt. C, §1, is repealed. 
Sec. B-2. 10 MRSA §971-A is enacted to read: 
§971-A. Actions of the members 
1. Quorum required. Seven members of the authority constitute a quorum of the 
members. The affirmative vote of the greater of 5 members, present and voting, or a 
majority of those members present and voting is necessary for any action taken by the 
members. A vacancy in the membership of the authority does not impair the right of the 
quorum to exercise all powers and perform all duties of the members. 
2. Emergency meeting. Notwithstanding any other provision of law, in a situation 
determined by the chief executive officer to be an emergency requiring action of the 
members on not more than 3 days' oral notice, an emergency meeting of the members 
may be conducted by telephone in accordance with the following. 
A. A conference call to the members must be placed by ordinary commercial means 
at an appointed time. 
B. 
The authority shall arrange for recordation of the conference call when 
appropriate and prepare minutes of the emergency meeting. 
C. Public notice of the emergency meeting must be given in accordance with Title 1, 
' 
. 
. 
section 406 and that public notice must include the time of the meeting and the 
location of a telephone with a speakerphone attachment that enables all persons 
participating in the telephone meeting to be heard and understood and that is 
available for members of the public to hear the business conducted at the telephone 
meeting. 
This subsection is repealed July 1, 2022. 
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COMMITTEE AMENDMENT "A" to H.P. 1274, L.D. 1832 
Sec. B-3. 21-A MRSA §1002, sub-§2, as amended by PL 2011, c. 389, §2, is 
further amended to read: 
2. Telephone meetings. The commission may hold meetings over the telephone if 
necessary, as long as the commission provides notice to all affected parties in accordance 
with the rules of the commission and the commission1s office remains open for attendance 
by complainants, witnesses, the press and other members of the public. Notwithstanding 
Title 1, chapter 13, telephone meetings of the commission are permitted: 
A. During the 28 days prior to an election when the commission is required to meet 
within 2 business days of the filing of any complaint with the commission; or 
B. To address procedural or logistical issues before a monthly meeting, such as the 
scheduling of meetings, deadlines for parties1 submission of written materials, setting 
of meeting agenda, requests to postpone or reschedule agenda items, issuing 
subpoenas for documents or witnesses and recusal of commission members. 
This subsection is repealed July 1, 2022. 
Sec. B-4. 22 MRSA §2054, sub-§4, as amended by PL 2015, c. 449, §2, is 
further amended to read: 
4. Powers of authority. The powers of the authority are vested in its members, and 
members of the authority constitute a quorum at any meeting of 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. 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 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 resolution takes effect at such 
time as a majority of the members 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 considers proper. 
The authority may meet by telephonic, video, electronio or other similar means of 
oommunication 1tYith less than a quorum assembled physioally at the location of a public 
proceeding identified in the notioe required by Title 1, section 406 only if: 
,A,., Each member oan hear all other members, speak to all other members and, to the 
extent reasonably practicable, see all other members by videooonferencing or other 
similar means of communication during the publio proceeding, and members of the 
public attending the publio proceeding at the looation identified in the notice required 
by Title 1, seotion 4 06 are able to hear and, to the extent reasonably practicable, see 
all members participating from other locations by videoconferencing or other similar 
means of communication; 
B. 
Each member who is not physically present at the location of the public 
proceeding and who is partioipating through telephonic, video, electronic or other 
similar means of communication identifies all persons present at the location from 
vlhich ths m.imh.ir is nartioinatinP:: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ·A" to H.P. 1274, L.D. 1832 
C. A member vlho partioipates v,1iile not physioally present at the looation of the 
publio prooeeding identified in the notice required by Title 1, section 406 does-se 
only when the member's attendanoe is not reasonably praotioal. The reason that the 
member's attendanoe is not reasonably practioal must be stated in the minutes of the 
meeting; and 
D. 
Eaoh member v1ho is not physically present at the looation of the publio 
prooeeding and v,rho is partioipating through telephonic, video, eleotronio or other 
similar means of communication has received prior to the publio prooeeding all 
doouments and materials discussed at the public prooeeding, vlith substantially the 
same oontent as those presented at the publio proooeding. 
Doouments or other 
materials made available at the public proceeding may be transmitted to the member 
not physically present during the public prooeeding if the transmission technology is 
a1railable. Failuni to oomply with this paragraph does not invalidate an aotion taken 
by the authority at the publio proceeding. 
Sec. B-5. 22 MRSA §2054, sub-§4-A is enacted to read: 
4-A. Remote participation in meetings. 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, speak to all other members and, to the 
extent reasonably practicable, see all other members by videoconferencing or other 
similar means of communication 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 and, to the extent reasonably practicable, see 
all members participating from other locations by videoconferencing or other similar 
means of communication; 
B. 
Each member who is not physically present at the location of the public 
proceeding identified in the notice required by Title 1, section 406 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 practicable. The reason that the 
member's attendance is not reasonably practicable 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 identified in the notice required by Title 1, section 406 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. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to H.P. 1274, L.D. 1832 
Failure to comply with this paragraph does not invalidate an action taken by the 
authority at the public proceeding, 
This subsection is repealed July 1, 2022. 
Sec. B-6. 30-A MRSA §4723, sub-§2, 18, as amended by PL 2015, c. 449, §3, 
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 moans of oommunioation with loss than a quorum assembled physioally 
at tho location of a public proceeding identified in the notice required by Title 1, 
seotion 406 only if: 
(1) Each commissioner can hear all other commissioners, speak to all other 
commissioners and, to tho extent reasonably practicable, sec all other 
commissioners by videoconferencing or other similar means of communication 
during the public proceeding, and members of the public attending the public 
pro seeding at the location identified in the notice required by Title 1, section 4 06 
are ahle to hear and to the extent reasonablv nraotioable. see all oommissioners 
COMMITTEE AMENDMENT 
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COMMJ.TTEEAMENDMENT'H "to H.P. 1274,L.D. 1832 
participating :from other locations by videoconferencing or other similar means of 
communication: 
t' n of the public 
t the loea 10 
. 
h 'sieally present a ~ 
electronic or other 
(2) Bash eommis:~:;;::;0::,i;~ '"\?::~~;"~,":em at tho loeatlan 
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Sec. B-7. 30-A MRSA §4723, sub-§2, ~-1 is enacted to read: 
B-1. The Maine State Housing Authority may meet by telephonic, video, electronic 
or other similar means of communication with less than a guornm assembled 
physica11y 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, speak to all other 
commissioners and, to the extent reasonably practicable, see all other 
commissioners by videoconferencing or other similar means of communication 
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 and, to the extent reasonably practicable, see all commissioners 
participating from other locations by videoconferencing or other similar means of 
communication; 
(2) Each commissioner who is not physically present at the location of the public 
proceeding identified in the notice required by Title 1, section 406 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 practicable. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT 'R "to H.P. 1274, L.D. 1832 
The reason that the commissioner's attendance is not reasonably practicable 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 identified in the notice required by Title I, section 406 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. 
This paragraph is repealed July 1, 2022. 
Sec. B-8. 30-A MRSA §5951, sub-§4, as amended by PL 2015, c. 449, §4, is 
fmiher amended to read: 
4. Officers of board; exercise of powers. The board of commissioners shall elect 
one of its members as chair and one as vice-chair and shall appoint an executive director 
who also 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 
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, speak to all other 
commissioners and, to the extent reasonably praeticable, see all other commissioners 
by videooonferencing or other similar means of communioation during the publio 
proceeding, and members of the public attending the public proceeding at tho location 
identified in tho notice required by Title 1, section 4 06 are ablq to hear and, to the 
e1ctent reasonably prnotioable, see all commissioners partioipating from other 
looations by videooonferenoing or other similar means of communioation; 
B. Each commissioner i,vho is not physically present at the location of the publio 
proceeding and ,,vho is partioipating through telephonic, video, eleotronic or other 
similar means of communication identifies all persons present at the looation from 
vmioh the commissioner is participating; 
C. A commissioner who participates i,vhile not physically present at the location of 
the publio prooeeding identified in the notioe required by Title 1, seotion 406 does so 
only when the oommissioner's attendanoe is not reasonably praotical. The reason that 
the commissioner's attendance is not reasonably practical must be stated in the 
minutes of tho mootine: and 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to H.P. 1274, L.D. 1832 
D. Each commissionel' v,rho is not physically present at the location of the public 
proceeding and who is pmiicipating 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 sabstantially 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 prnceeding. 
Sec. B-9. 30-A MRSA §5951, sub-§4-A is enacted to read: 
4-A. Remote participation. 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, speak to all other 
commissioners and, to the extent reasonably practicable, see all other commissioners 
by videoconferencing or other similar means of communication 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 and, to the 
extent reasonably practicable, see all commissioners participating from other 
locations by videoconferencing or other similar means of communication: 
B. Each commissioner who is not physically present at the location of the public 
proceeding identified in the notice required by Title 1, section 406 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 practicable. The reason 
that the commissioner's attendance is not reasonably practicable 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 identified in the notice required by Title 1, section 406 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. 
This subsection is repealed July 1, 2022. 
Sec. B-10. 32 MRSA §88, sub-§1, ,JD, as amended by PL 2007, c. 274, §19, is 
further amended to read: 
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COMMITTEE AMENDMENT .. 4,, to H.P. 1274, L.D. 1832 
D. A majority of the members appointed and currently serving constitutes a quorum 
for all purposes and no decision of the board may be made without a quorum present. 
A majority vote of those present and voting is required for board action, except that 
for purposes of either granting a waiver of any of its rules or deciding to pursue the 
suspension or revocation of a license, the board may take action only if the proposed 
waiver, suspension or revocation receives a favorable vote from at least 2/3 of the 
members present and voting and from no less than a majority of the appointed and 
currently serving members. 
The board may use video oonfurenoing and other 
technologies to oonduot its business but is not exempt from Title 1, chapter 13, 
subohapter 1. Msmbers of the board, its suboommittees or its staff may partioipate in 
a meeting of the board, suboommittees or staff via video oonferenoing, oonferenoe 
telephone or similar oommunications equipment by means of vmioh all persons 
participating in the meeting oan hear eaoh other, and participation in a meeting 
pursuant to this subseotion constitutes presenoe in person at suoh meeting. 
Sec. B-11. 32 MRSA §88, sub-§1, ~ 
is enacted to read: 
E. 
The board may use videoconferencing and other technologies to conduct its 
business but is not exempt from Title 1, chapter 13, subchapter 1. Members of the 
board, its subcommittees or its staff may participate in a meeting of the board, 
subcommittees or staff via videoconferencing, conference telephone or similar 
communications equipment by means of which all persons narticipating in the 
meeting can hear each other, and participation in a meeting pursuant to this paragraph 
constitutes presence in person at such meeting. 
This paragraph is repealed July 1, 2022. 
Sec. B-12. 39-A MRSA §151, sub-§5, as amended by PL 2003, c. 608, §9, is 
further amended to read: 
5. Voting requirements; meetings. The board may take action only by majority 
vote of its membership. The board may hold sessions at its central office or at any other 
place within the State and shall establish procedures through whioh members who are not 
physioally present may partioipate by telephone or other remote acoess technology. 
Regular meetings may be called by the executive director or by any 4 members of the 
board, and all members must be given at least 7 days' notice of the time, place and agenda 
of the meeting. A quorum of the board is 4 members, but a smaller number may adjoum 
until a quorum is present. Emergency meetings may be called by the executive director 
when it is necessary to take action before a regular meeting can be scheduled. The 
executive director shall make all reasonable efforts to notify all members as promptly as 
possible of the time and place of any emergency meeting and the specific purpose or 
purposes for which the meeting is called. For an emergency meeting, the 4 members 
constituting a quorum must include at least one board member representing management 
and at least one board member representing labor. 
Sec. B-13. 39-A MRSA §151, sub-§5-A is enacted to read: 
5-A. Remote participation. The board shall establish procedures through which 
members who are not physically present may participate by telephone or other 
remote-access technology. 
COMMITTEE AMENDMENT 
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CO"MlvfITTEE AMENDMENT "A" to H.P. 1274, L.D. 1832 
This subsection is repealed July 1, 2022. 
PARTC 
Sec. C-1. 1 MRSA §431, sub-§4 is enacted to read: 
4. Remote participation. 
11Remote participation" means participation in a public 
proceeding by a member of the body that is holding or conducting the public proceeding 
while the member is not physically present at the location of the public proceeding 
identified in the notice required by section 406. 
Sec. C-2. 1 MRSA §435 is enacted to read: 
§435. Review of proposed remote participation authorization 
1. Procedures before legislative committees. Whenever a legislative measure 
containing a new remote participation authorization or a change that affects the 
accessibility of a public proceeding is proposed, the joint standing committee of the 
Legislature having jurisdiction over the proposal shall hold a public hearing and 
determine the level of support for the proposal among the members of the committee, If 
there is support for the proposal among a majority of the members of the committee, the 
committee shall request the review committee to review and evaluate the proposal 
pursuant to subsection 2 and to report back to the committee of jurisdiction. A proposed 
remote participation authorization or proposed change that affects the accessibility of a 
public proceeding may not be enacted into law unless review and evaluation pursuant to 
subsection 2 have been completed. 
2. 
Review and evaluation. 
Upon referral of a proposed remote participation 
authorization or proposed limitation on accessibility from the joint standing committee of 
the Legislature having jurisdiction over the proposal, the review committee shall conduct 
a review and evaluation of the proposal and shall report in a timely manner to the 
committee to which the proposal was referred. 
The review committee shall use the 
following criteria to determine whether the proposed remote participation authorization 
should be enacted: 
A. Geographic distribution of members; 
B. Demonstrated need based on emergency nature of action; 
C. Demonstrated need based on exigent circumstances, such as a natural disaster or 
an emergency declaration by the Governor directly related to the activities of the 
body; and 
D. Any other criteria that assist the review committee in determining the value of the 
proposed remote participation authorization as compared to the public's interest in all 
members participating. 
3. Report. The review committee shall report its findings and recommendations on 
whether the proposed remote participation authorization or proposed limitation on 
accessibility to public proceedings should be enacted to the joint standing committee of 
the Legislature having jurisdiction over the proposal.' 
COMMITTEE AMENDMENT 
,1' ."t~~i 
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COMMITTEE AMENDMENT "H" to H.P. 1274, L.D. 1832 
SUMMARY 
This amendment is the minority report of the Joint Standing Committee on Judiciary. 
This amendment makes the following changes to the bill. 
1. It prohibits remote participation in executive session. It also prohibits a member 
who is participating remotely in a proceeding from voting on an issue that was discussed 
in executive session that immediately preceded the vote in the public proceeding. 
2. It changes, for public bodies that consist of 3 or fewer members, the requirement 
that a quorum be physically present. It requires at least one member of the public body of 
or fewer members to be physically present at the location identified in the meeting 
notice. 
3. It requires that each member of a public body subject to the Freedom of Access 
Act be physically present in at least one public proceeding each year. 
4. It requires that a state public body adopt its remote participation policy as a major 
substantive rule under the Maine Administrative Procedure Act. 
5. It authorizes municipalities and counties to impose stricter requirements than are 
provided in this amendment and allows municipalities and counties to prohibit the use of 
remote participation by any public body under their jurisdictions. 
The stricter 
requirements or the prohibition must be imposed through the adoption of an ordinance by 
the municipality or the county. 
6, It provides that an elected public body may adopt a remote patiicipation policy 
only after the constituency of the elected public body has voted to authorize the body to 
adopt the policy. 
7. It provides, in Parts A and B, that the exemptions for the 7 entities whose statutes 
currently provide for remote patiicipation expire on July 1, 2022. Those entities will 
need to adopt policies that comply with the law to continue any remote participation. 
8. It amends, in Pati C, the Freedom of Access Act to require the joint standing 
committee of the Legislature having jurisdiction over judiciary matters to conduct a 
review of any proposed statutory authorization of remote patiicipation or change in 
accessibility with respect to public proceedings. 
FlSCAL NOTE REQUJRED 
(See Attached) 
COMMITTEE AMENDMENT 
Approved: 04/02/18 :Wac:.. 
LD 1832 
LR2890(02) 
An Act To Implement Recommendations of the Right To Know Advisory Committee Concerning 
Remote Participation 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment 'ft' [ H ... 7 aj 
Committee: Judiciary 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Any additional costs to affected departments or agencies are assumed to be minor and can be absorbed within existing 
budgeted resources. 
LR2890(02) - Fiscal Note - Page 1 of I