APPROVED CHAPTER
JUNE 21, 2021 290
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-ONE
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S.P. 40 - L.D. 32
An Act Regarding Remote Participation in Public Proceedings
Emergency preamble. Whereas, acts and resolves of the Legislature do not
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the state of emergency declared by the Governor pursuant to the Maine
Revised Statutes, Title 37-B, section 742 in response to the public health emergency caused
by the spread of the novel coronavirus disease referred to as COVID-19 may terminate
sooner than 90 days after the adjournment of the First Special Session of the 130th
Legislature; and
Whereas, the Maine Revised Statutes, Title 1, section 403-A governs remote
participation in public proceedings of certain public bodies but is automatically repealed
30 days after the termination of the state of emergency declared by the Governor; and
Whereas, there is a need to have in place a law that governs remote participation in
public proceedings of certain public bodies after the termination of the state of emergency
declared by the Governor; and
Whereas, in the judgment of the Legislature, these facts create an emergency within
the meaning of the Constitution of Maine and require the following legislation as
immediately necessary for the preservation of the public peace, health and safety; now,
therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 1 MRSA §403-B is enacted to read:
§403-B. Remote participation in public proceedings
1. Remote participation. This section governs remote methods of participation in
public proceedings of certain public bodies. For the purposes of this section, "remote
methods" means telephonic or video technology allowing simultaneous reception of
information and may include other means when such means are necessary to provide
reasonable accommodation to a person with a disability. Public proceedings may not be
conducted by text-only means such as e-mail, text messages or chat functions.
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 2. Requirements. A public body subject to this subchapter may allow members of
the body 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;
B. The policy adopted pursuant to paragraph A must provide that members of the body
are expected to be physically present for public proceedings except when being
physically present is not practicable. Circumstances in which physical presence for
one or more members is not practicable may include:
(1) The existence of an emergency or urgent issue that requires the public body to
meet by remote methods;
(2) Illness, other physical condition or temporary absence from the jurisdiction of
the body that causes a member of the body to face significant difficulties traveling
to and attending in person at the location in the notice under section 406;
(3) With respect to a public body with statewide membership, significant distance
a member must travel to be physically present at the location in the notice under
section 406; and
(4) The area of the public body's jurisdiction includes geographic characteristics
that impede or slow travel, including but not limited to islands not connected by
bridges;
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 not determine that public attendance at a
proceeding will be limited solely to remote methods except under the conditions in
paragraph B, subparagraph (1);
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
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 the proceedings of the public body in person, as long as additional costs are not incurred
by the public body.
3. Remote participation not permitted. This section does not authorize town
meetings held pursuant to Title 30-A, section 2524 or regional school unit budget meetings
held pursuant to Title 20-A, section 1482-A to be conducted using remote methods.
4. Application. This section does not apply to:
A. The Legislature; or
B. A public body to which specific statutory provisions for remote participation apply.
Emergency clause. In view of the emergency cited in the preamble, this legislation
takes effect when approved.
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