Resolve, To Implement the Recommendations of the Right To Know Advisory Committee Concerning Remote Participation by Members of Public Bodies
Maine Legislature, Session 129, LD 1183
Committee: Judiciary

Legislative Document
No. 1183
H.P. 857
House of Representatives, March 12, 2019
Resolve, To Implement the Recommendations of the Right To Know 
Advisory Committee Concerning Remote Participation by Members 
of Public Bodies
(EMERGENCY)
Reported by Representative BAILEY of Saco 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
Emergency preamble.  Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the Freedom of Access Act is silent as to whether members of public 
bodies may participate in public proceedings while not physically present, thus providing 
no guidance as to how remote participation can meet the government transparency and 
accountability goals of the Act; and
Whereas, this resolve establishes the Study Committee on Remote Participation to 
resolve questions concerning legal and accountable remote participation of members of 
public bodies at all levels of government throughout the State; and
Whereas, the study must be initiated before the 90-day period expires in order that 
the study may be completed and a report submitted in time for submission to the next 
legislative session; and
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, be it
Sec. 1.  Study committee established.  Resolved:  That the Study Committee 
on Remote Participation, referred to in this resolve as "the study committee," is 
established.
Sec. 2.  Study committee membership.  Resolved:  That the study committee 
consists of 7 members appointed as follows:
1.  Three members of the Senate appointed by the President of the Senate, including 
members from each of the 2 parties holding the largest number of seats in the Legislature; 
and
2.  Four members of the House of Representatives appointed by the Speaker of the 
House, including members from each of the 2 parties holding the largest number of seats 
in the Legislature.
Sec. 3.  Chairs.  Resolved:  That the first-named Senate member is the Senate 
chair and the first-named House of Representatives member is the House chair of the 
study committee.
Sec. 4.  Appointments; convening of study committee.  Resolved:  That all 
appointments must be made no later than 30 days following the effective date of this 
resolve.  The appointing authorities shall notify the Executive Director of the Legislative 
Council once all appointments have been completed.  After appointment of all members, 
the chairs shall call and convene the first meeting of the study committee.  If 30 days or 
more after the effective date of this resolve a majority of but not all appointments have 
been made, the chairs may request authority and the Legislative Council may grant 
authority for the study committee to meet and conduct its business.
Sec. 5.  Duties.  Resolved:  That the study committee shall:
1.  Collect information about the current use of remote participation by members of 
public bodies in this State, including any policies public bodies have adopted to govern 
their use of remote participation.  The study committee may hold a public hearing to 
gather public comments on whether the use of remote participation meets the public's 
needs for government accountability, public participation and government efficiency;
2.  Review the use of remote participation, including any laws and policies governing 
such practices, in other jurisdictions;
3.  Review the history and underlying goals of the Freedom of Access Act to 
determine the best way to guarantee government transparency and accountability when 
participation in public proceedings is conducted by members not physically present at the 
proceeding; and
4.  Make recommendations concerning the use of remote participation, which may 
include prohibition of or limitation on the use of remote participation, including any 
guidance and best practices.
Sec. 6.  Staff assistance.  Resolved:  That the Legislative Council shall provide 
necessary staffing services to the study committee, except that Legislative Council staff 
support is not authorized when the Legislature is in regular or special session.
Sec. 7.  Report.  Resolved:  That, no later than December 4, 2019, the study 
committee shall submit to the Joint Standing Committee on Judiciary a report that 
includes its findings and recommendations, including suggested legislation, for 
presentation to the Second Regular Session of the 129th Legislature.
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved.
SUMMARY
This resolve establishes the Study Committee on Remote Participation to explore the 
use of remote participation by members of public bodies in this State and other 
jurisdictions and determine the best way to guarantee government transparency and 
accountability, goals of the Freedom of Access Act, when considering the use of remote 
participation.  The study committee consists of 3 Senators and 4 members of the House of 
Representatives.  The study committee may hold a public hearing to collect public 
testimony on the use of remote participation.  The study committee is required to make 
recommendations, which may include prohibition of or limitations on the use of remote 
participation.  The study committee is required to submit a report, including any 
legislative recommendations, to the Joint Standing Committee on Judiciary no later than 
December 4, 2019.