An Act Regarding Remote Participation in Public Proceedings
Maine Legislature, Session 130, LD 0032
Committee: Judiciary
Sponsors: STEWART, MARTIN, CLAXTON, HARNETT
Amends: 1 MRSA §403-B

Legislative Document
No. 32
S.P. 40
In Senate, January 13, 2021
An Act Regarding Remote Participation in Public Proceedings
Received by the Secretary of the Senate on January 11, 2021.  Referred to the Committee 
on Judiciary pursuant to Joint Rule 308.2 and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator STEWART of Aroostook.
Cosponsored by Representative MARTIN of Sinclair and
Senator: CLAXTON of Androscoggin, Representative: HARNETT of Gardiner.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  1 MRSA §403-B is enacted to read:
§403-B.  Remote participation in public proceedings
1.  Remote participation.  This section governs remote means of participation in 
public proceedings of certain public bodies.  For the purposes of this section, "remote 
means" includes participation by telephonic, video, electronic or other similar means of 
communication.
2.  Requirements.  Notwithstanding section 403-A, subsection 1, a public body 
described in section 402, subsection 2, paragraph B, C or D may allow members of the 
body to participate in a public proceeding using remote means under the following 
conditions:
A.  After notice and hearing the body has adopted a written policy governing how the 
members of the body who are not physically present may participate in a public 
proceeding of that body.  The policy may allow the public to attend and observe using 
remote means;
B.  Each member of the body who is participating in the public proceeding must be 
able to hear and speak to all other members and must be heard by the members of the 
public attending and observing the public proceeding during the public proceeding;
C.  Notice of the proceeding must be provided in accordance with section 406;
D.  If the body determines that the public may attend a public proceeding of the body 
using remote means, all members of the public must be able to hear, or see and hear, 
all members of the body and any other speaker.  The notice provided in accordance 
with section 406 must inform members of the public of the method by which they may 
attend remotely.  Unless attendance by the public is only by remote means, the notice 
must also identify a location for members of the public to attend in person; and
E.  All votes taken during the public proceeding must be taken by roll call vote.
SUMMARY
This bill authorizes municipal, county and school boards to adopt a policy allowing 
members of the body to participate remotely in a public proceeding.  It extends the same 
authority to the University of Maine System, Maine Maritime Academy, the Maine 
Community College System and other state and regional boards and commissions.
Under the policy, a public body may allow the public to attend and observe via remote 
means.  If the public may attend remotely, the notice of the public proceeding must inform 
the public how to attend remotely.  Unless the only way for the public to attend is by remote 
means, the notice must also identify the location where the public can attend in person.