An Act To Ensure Public Accountability While Implementing a Practical Approach to Remote Participation
Maine Legislature, Session 130, LD 0668
Committee: Judiciary
Sponsors: BABBIDGE
Amends: 1 MRSA §403-B, 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

Legislative Document
No. 668
H.P. 495
House of Representatives, March 3, 2021
An Act To Ensure Public Accountability While Implementing a 
Practical Approach to Remote Participation
Received by the Clerk of the House on March 1, 2021.  Referred to the Committee on 
Judiciary pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative BABBIDGE of Kennebunk.
Be it enacted by the People of the State of Maine as follows:
PART A
Sec. A-1.  1 MRSA §403-B is enacted to read:
§403-B.  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 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.  Definition.  As used in section, "remote participation" means participation through 
telephonic, video, electronic or other similar means of communication.
2.  Remote participation; requirements.  Except as provided in subsection 6, 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 remote 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 policy must 
prohibit a member who is participating in the public proceeding 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 a public body 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 a public body consisting 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 minutes of the 
meeting.  A public body consisting 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.  Each 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; and
E.  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.
A member of the public body who is not physically present at the location identified in the 
notice required by section 406 may not participate and may not vote in an adjudicatory 
proceeding.
Failure to comply with this subsection does not invalidate an action of the body.
3.  State public bodies.  The policy under subsection 2 applicable to a state public 
body must be adopted by the public body as a major substantive rule under the Maine 
Administrative Procedure Act.
4.  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.
5.  Elected public bodies.  A public body consisting of elected members may adopt 
the policy under subsection 2 only after the constituents of the public body have voted to 
authorize the public body to adopt the remote participation policy.  The public body shall 
provide notice and hold a separate hearing before adopting the remote participation policy.
6.  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-A;
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, 2027.
PART B
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 provision of law to the contrary, 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 under the following conditions:
A.  A conference call to the members must be placed by ordinary commercial means 
at an appointed time;
B.  The authority shall arrange for the conference call to be recorded when the authority 
determines it to be appropriate and shall prepare minutes of the emergency meeting; 
and
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, 2027.
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 commission's 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 parties' 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, 2027.
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 5 
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, 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 
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 practical.  The reason that the member's 
attendance is not reasonably practical 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 
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.  Failure to 
comply with this paragraph does not invalidate an action taken by the authority at the 
public 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.  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, 2027.
Sec. B-6.  30-A MRSA §4723, sub-§2, ¶B, 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 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:
(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 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 practical.  The 
reason that the commissioner's attendance is not reasonably practical 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 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.
Sec. B-7.  30-A MRSA §4723, sub-§2, ¶B-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 quorum assembled physically 
at the location of a public proceeding identified in the notice required by Title 1, section 
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.  
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 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 subparagraph does not invalidate an action 
taken by the Maine State Housing Authority at the public proceeding.
This paragraph is repealed July 1, 2027.
Sec. B-8.  30-A MRSA §5951, sub-§4, as amended by PL 2015, c. 449, §4, is 
further 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 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 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 practical.  The reason that the 
commissioner's attendance is not reasonably practical 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 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.
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, 2027.
Sec. B-10.  32 MRSA §88, sub-§1, ¶D, as amended by PL 2007, c. 274, §19, is 
further amended to read:
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 conferencing 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 video conferencing, conference 
telephone or similar communications equipment by means of which all persons 
participating in the meeting can hear each other, and participation in a meeting pursuant 
to this subsection constitutes presence in person at such meeting.
Sec. B-11.  32 MRSA §88, sub-§1, ¶E 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 participating 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, 2027.
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 which members who are not 
physically present may participate by telephone or other remote-access 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 adjourn 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 at a meeting pursuant to subsection 5 may 
participate by telephone or other remote-access technology.
This subsection is repealed July 1, 2027.
PART C
Sec. C-1.  1 MRSA §431, sub-§4 is enacted to read:
4.  Remote participation.  "Remote participation" means participation in a public 
proceeding by a member of a 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.
SUMMARY
This bill clarifies when members of public bodies may participate remotely in public 
proceedings of those bodies.  It 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 through 
major substantive rulemaking 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.  It outlines 
requirements for setting up remote participation, quorums, participation in executive 
sessions and voting.  The bill also 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 and prohibits the Legislature from allowing its members to participate in its public 
proceedings remotely.
The bill authorizes municipalities and counties to impose stricter requirements than are 
provided in the bill and allows municipalities and counties to prohibit the use of remote 
participation by any public body under their jurisdictions.  It provides that an elected public 
body may adopt a remote participation policy only after the constituency of the elected 
public body has voted to authorize the body to adopt the policy.
The bill provides, in Parts A and B, that the exemptions for 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, whose statutes currently provide for remote participation, expire on 
July 1, 2027.  Those entities will need to adopt policies that comply with the law to continue 
any remote participation.
The bill amends, in Part 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 participation or change in accessibility 
with respect to public proceedings.