An Act to Implement the Recommendat10ns of the Right To Know Advisory Committee Concerning Remote Participat10n
Maine Legislature, Session 131, LD 1322
Committee Amendment CA_A_H213 (House)
Amends: 1 MRSA §403-B

COMMITTEE AMENDMENT "A" to HP 837, L D 1322, "An Act to Implement 
the Recommendat10ns of the Right To Know Advisory Committee Concerning Remote 
Participat10n" 
Amend the bill by stnking out all of sect10n 1 and msertmg the followmg 
'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 pubhc to part1c1pate in a pubhc proceeding using 1 emote methods only 
under the following condit10ns 
A 
After notice and hearing the body has adopted a wntten pohcy governing the 
conditions upon which members of the body and the pubhc may participate ma pubhc 
proceedmg of that body by remote methods 
( 1) If a pubhc body has not adopted a pohcy authonzmg remote methods of 
part1c1pation under this section and 1f the chair of the body determmes that an 
emergency or urgent issue exists that prevents the pubhc body ft om meetmg m 
person to adopt a pohcy, the chair may call a meeting of the body m which the 
members may participate by remote methods Notice of the meetmg must include 
mformation about how the public can participate m the meetmg and the proposed 
pohcy or instructions on how to obtam a copy of the p10posed pohcy m advance 
of the meetmg Once the meetmg ts convened, the members shall vote on whether 
to support the chair's determinat10n that an emergency or urgent issue exists that 
prevents the pubhc body from meetmg m person 
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(2) If 2/3 of the members vote m support of the chan's determination under 
subparagraph ( 1 ), after an opportumty for hearmg, the members may vote on 
whether to adopt a pohcy authonzmg remote methods of part1cipat10n m pubhc 
proceedings of the body under this sect10n, 
C The pohcy adopted pursuant to paragraph A must provide members of the pubhc a 
meanmgful opportumty to attend by remote methods when membet s of the body 
COMMITTEE AMENDMENT 
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COMMITIE~ AMENDMENT "A" to HP 837, L D 1322 
part1c1pate by remote methods, and reasonable accommodations may be provided when 
necessary to provide access to individuals with disabilities, 
D If the body allows or 1s required to provide an opportumty for public input during 
the proceeding, an effective means of commumcat1on 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 mclude the means by which members of the public may access the proceedmg 
usmg remote methods The notice must also identify a location for members of the 
public to attend m person The body may limit public attendance at a proceedmg solely 
to remote methods if there is an emergency 01 urgent situation that requires the body 
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to meet only by remote methods, 
, 
F A member of the body who participates in a pubhc proceedmg by remote methods 
is present for purposes of a quorum and votmg, 
G All votes taken during a public proceedmg usmg remote methods must be taken by 
roll call vote that can be seen and heard 1f using video technology, and heard 1f using 
only audio technology, by the other members of the public body and the pubhc, and 
H The public body must make all documents and other materials considered by the 
pubhc body available, electromcally or otherwise, to the pubhc who attend by 1 emote 
methods to the same extent customarily available to members of the pubhc who attend 
the proceedmgs of the public body m person, as long as addit10nal costs are not mcurred 
by the pubhc 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 po hey adopted pursua-at to this subseet10n applies to a bom d or eomnuttee that 1s w1thm 
the Jurisdieuon of the pubbe body, unless the board or eommittee adopts Its o,.vn pohey 
under this subseet10n 
Sec. 2. 1 MRSA §403-B, sub-§2-A is enacted to read 
2-A. Blanket remote participation policies; exceptions. The apphcab11ity of a 
pohcy adopted by a pubhc body under subsection 2 to other public bodies withm the 
mnsdict1on of the pubhc body is governed by this subsection 
A Except as provided m paragraphs B and C, a remote participat10n pohcy adopted 
by a pubhc body puisuant to subsect10n 2 applies to a board, committee or 
subcommittee that is withm the mnsdictlon of the pubhc body, unless the board, 
committee or subcommittee adopts its own pohcy under subsection 2 
B 
A remote participation pohcy adopted pursuant to subsection 2 by the county 
comm1ss10ners of the county, the mumc1pal officers of a mumc1pahty 01 the officers 
of any regional or other political subdivision applies to all pubhc bodies sub1ect to this 
subchapter that are w1thm the 1Urtsd1ction of the county, mumc1pahty or reg10nal or 
other political subdiv1S1on, respectively, unless the county commissioners, mumcipal 
officers or othei officers of the regional or other political subdivision specifically 
authorize a pubhc body under their mnsdiction to adopt its own remote participation 
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COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT •A "to HP 837, L D 1322 
C. Nothmg m this subsection limits the right of a school board to choose to adopt or 
to choose not to adopt a remote participation policy under subsection 2 ' 
Amend the bill by relettermg or renumbering any nonconsecutive Part letter or section 
number to read consecutively 
SUMMARY 
This amendment corrects a conflict withm the language of the bill Under current law, 
a public body that is under the Jurisdiction of another public body that has adopted a remote 
part1cipat10n policy may choose to adopt its own remote participation policy By contrast, 
under the bill and the amendment, a pubhc body under the Jurisdiction of the county 
commissioners of a county, municipal officers of a mumcipahty or officers of a regional or 
other political subdivision that have adopted a remote participation policy may not adopt 
its own remote participation policy unless the county comm1ss1oners, municipal officers or 
other officers of the regional or other political subd1v1sion specifically authorize 1t to do so 
The amendment also clarifies that, regardless of the remote participation policies adopted 
by other pubhc bodies, a school board has the authority to choose to adopt or to choose not 
to adopt its own remote participation pohcy. 
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COMMITTEE AMENDMENT