An Act to Implement the Recommendations of the Right To Know Advisory Committee Concerning Remote Participation
Maine Legislature, Session 131, LD 1322
Committee: Judiciary
Amends: 1 MRSA §403-B

Legislative Document
No. 1322
H.P. 837
House of Representatives, March 23, 2023
An Act to Implement the Recommendations of the Right To Know 
Advisory Committee Concerning Remote Participation
Reported by Representative MOONEN of Portland 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, as amended by PL 2021, c. 611, §§1 and 2 and  
c. 666, §§1 to 3, is further amended to read:
2.  Requirements.  A public body subject to this subchapter may allow members of 
the body and the public to participate in a public proceeding using remote methods only 
under the following conditions:
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 and the proposed 
policy or instructions on how to obtain a copy of the proposed policy in advance 
of 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 2/3 of 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;
C.  The policy adopted pursuant to paragraph A must provide members of the public a 
meaningful opportunity to attend by remote methods when members of the body 
participate by remote methods, and reasonable accommodations may be provided when 
necessary to provide access to individuals with disabilities;
D.  If the body allows or is required to provide an opportunity for public input during 
the proceeding, an effective means of communication between the members of the 
body and the public must be provided;
E.  Notice of the proceeding must be provided in accordance with section 406. When 
the public may attend by remote methods pursuant to paragraphs C and D, the notice 
must include the means by which members of the public may access the proceeding 
using remote methods.  The notice must also identify a location for members of the 
public to attend in person.  The body may limit public attendance at a proceeding solely 
to remote methods if there is an emergency or urgent situation that requires the body 
to meet only by remote methods;
F.  A member of the body who participates in a public proceeding by remote methods 
is present for purposes of a quorum and voting;
G.  All votes taken during a public proceeding using remote methods must be taken by 
roll call vote that can be seen and heard if using video technology, and heard if using 
only audio technology, by the other members of the public body and the public; and
H.  The public body must make all documents and other materials considered by the 
public body available, electronically or otherwise, to the public who attend by remote 
methods to the same extent customarily available to members of the public who attend 
the proceedings of the public body in person, as long as additional costs are not incurred 
by the public body.  The public body must make the proposed policy regarding remote 
participation available in advance of the meeting if meeting remotely under paragraph 
A, subparagraphs (1) and (2).
The policy adopted by a public body pursuant to this subsection applies to a board or, 
committee or subcommittee that is within the jurisdiction of the public body, unless the 
board or, committee or subcommittee adopts its own policy under this subsection.  The 
county commissioners of a county, the municipal officers of a municipality or the officers 
of any regional or other political subdivision may adopt a policy pursuant to this subsection 
that applies to all public bodies subject to this subchapter within the county, municipality 
or regional or other political subdivision, unless the county commissioners, municipal 
officers or other officers of any regional or other political subdivision specifically authorize 
a public body within that county, municipality or regional or other political subdivision to 
adopt its own policy. Nothing in this subsection limits the right of a school board to adopt 
its own policy pursuant to this subsection.
SUMMARY
This bill implements the recommendations of the Right To Know Advisory Committee 
by making the following changes to the law authorizing a public body to adopt a written 
policy governing the conditions upon which members of the public body and the public 
may participate in public proceedings using remote methods.
1.  It adds additional language to reinforce the authority of a public body to allow not 
only the members of the public body but also members of the public to participate in a 
public proceeding by remote methods. 
2.  It clarifies that the county commissioners of a county, the municipal officers of a 
municipality or the officers of a regional or other political subdivision may adopt one 
remote participation policy that applies to all public bodies within the county, municipality 
or regional or other political subdivision unless the county commissioners, municipal 
officers or other officers of any regional or other political subdivision specifically authorize 
an individual public body within that county, municipality or regional or other political 
subdivision to adopt its own policy.