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An Act To Implement Recommendations of the Right To Know Advisory Committee Concerning Remote Participation
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  1 MRSA §403-A  is enacted to read:
§ 403-A. Remote participation in public proceedings
It is the intent of the Legislature that actions of 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 body by a member of that body when the member is not physically present. Remote participation, which means participation through telephonic, video, electronic or other similar means of communication 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.  Remote participation; requirements.     Except as provided in subsection 2, a body subject to this subchapter may not allow a member of the body to participate remotely in any of its public proceedings unless the participation is in accordance with this subchapter and:
 
A.  After notice and public hearing, the body has adopted a written policy or rule that authorizes a member of the body who is not physically present to participate in a public proceeding of that 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 body. If the policy allows remote participation in executive sessions, the policy must establish procedures and requirements that ensure the privacy of the executive session;
 
B.  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 body and the facts supporting that determination must be included in the record of the meeting. A body 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;
 
C.  Each member of the 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;
 
E.  A member of the body who is not physically present at the location identified in the notice required by section 406 does not participate and does not vote in an adjudicatory proceeding; and
 
F.  Each member of the 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. Failure to comply with this subsection does not invalidate an action of the body.
 
2.  Exceptions.     The following bodies are exempt from the provisions of this section and a member of the following bodies may participate in a public proceeding of the body when the member is not physically present:
 
A.  The Finance Authority of Maine, as provided in Title 10, section 971;
 
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.
 
SUMMARY
This bill implements the recommendation of the Right To Know Advisory Committee to clarify when members of public bodies may participate remotely in public proceedings of those bodies. The bill 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 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. If the policy allows remote participation in executive sessions, the policy must establish procedures and requirements that ensure the privacy of the executive session. The bill requires a quorum of the body to be physically present at the location identified in the meeting notice unless immediate action is imperative and physical presence of a quorum is not reasonably practicable within the period of time requiring action. The bill requires that each member participating remotely identify all persons present at the remote location, that all votes be taken by roll call and that members participating remotely receive documents or other materials presented or discussed at the public proceeding in advance or when made available at the meeting, if the technology is available. The bill prohibits members who are not physically present at the meeting location from participating and voting in adjudicatory proceedings.
The bill prohibits the Legislature from allowing its members to participate in its public proceedings through telephonic, video, electronic or other similar means of communication, but allows 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 to continue allowing remote participation at their public proceedings as currently authorized in law.