An Act To Implement the Recommendations of the Right To Know Advisory Committee Concerning Remote Participation
Maine Legislature, Session 130, LD 1971
Committee: Judiciary
Amends: 1 MRSA §403-B

Legislative Document
No. 1971
H.P. 1466
House of Representatives, February 10, 2022
An Act To Implement the Recommendations of the Right To Know 
Advisory Committee Concerning Remote Participation
Reported by Representative HARNETT of Gardiner 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-B, sub-§2, ¶A, as enacted by PL 2021, c. 290, §1, is 
amended to read:
A.  After notice and hearing the body has adopted a written policy governing the 
conditions upon which members of the body and the public may participate in a public 
proceeding of that body by remote methods;.
(1)  If a public body has not adopted a policy authorizing remote methods of 
participation under this section and if the chair of the body determines that an 
emergency or urgent issue exists that prevents the public body from meeting in 
person to adopt a policy, the chair may call a meeting of the body in which the 
members may participate by remote methods.  Notice of the meeting must include 
information about how the public can participate in the meeting.  Once the meeting 
is convened, the members shall vote on whether to support the chair’s 
determination that an emergency or urgent issue exists that prevents the public 
body from meeting in person.
(2)  If the members vote in support of the chair's determination under subparagraph 
(1), after an opportunity for hearing, the members may vote on whether to adopt a 
policy authorizing remote methods of participation in public proceedings of the 
body under this section;
SUMMARY
This bill implements the recommendations of the Right To Know Advisory Committee 
concerning remote participation by members of a public body subject to the Freedom of 
Access Act.
Current law does not authorize members of a public body to participate in a public 
proceeding when not physically present unless the public body has properly adopted a 
remote participation policy that meets the requirement of the Maine Revised Statutes, Title 
1, section 403-B.
This bill authorizes a public body to adopt the required remote participation policy 
through remote participation.  The bill provides a 2-step process.
1.  If the chair of the public body determines that an emergency or urgent issue exists 
that prevents the public body from meeting in person, the chair may call a meeting of the 
public body in which the members may participate by remote methods.  Public notice of 
the meeting must be provided and must include information about how the public can 
participate in the meeting.  Once the meeting is convened, the members must vote on 
whether to support the chair's determination that an emergency or urgent issue exists that 
prevents the public body from meeting in person.
2.  If the members vote in support of the chair's determination, after an opportunity for 
hearing, the members may vote on adopting a policy authorizing remote participation.