LD 1857
pg. 1
LD 1857 Title Page An Act to Amend the Freedom of Access Laws Page 2 of 2
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LR 1673
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 1 MRSA §406, as amended by PL 1987, c. 477, §4, is further
amended to read:

 
§406. Public notice

 
Public notice shall must be given for all public proceedings
as defined in section 402, if these proceedings are a meeting of
a body or agency consisting of 3 or more persons. This notice
shall must be given in ample time to allow public attendance 72
hours, excluding weekends and holidays, prior to the public
proceeding and shall must be disseminated in a manner reasonably
calculated to notify the general public in the jurisdiction
served by the body or agency concerned. The notice must include
an agenda listing all items to be considered at the meeting.__An
item may not be discussed at the meeting unless it is listed on
the agenda. In the event of an emergency meeting, local
representatives of the media shall must be notified of the
meeting, whenever practical, the notification to include time and
location, by the same or faster means used to notify the members
of the agency conducting the public proceeding.

 
Sec. 2. 1 MRSA §410, as repealed and replaced by PL 1987, c. 477,
§6, is amended to read:

 
§410. Violations

 
For every willful violation of this subchapter, the state
government agency or local government entity whose officer or
employee committed the violation shall be is liable for a civil
violation for which a forfeiture of not more than $500 $750 plus
reasonable attorney's fees for the first violation may be
adjudged. For a 2nd violation in a 10-year period, the
government agency or entity is subject to a fine of not more than
$1,500 plus reasonable attorney's fees.__For a 3rd or subsequent
violation in a 10-year period, the government agency or entity is
subject to a fine of not more than $5,000 and reasonable
attorney's fees.__This section may be enforced in an action
brought by the Attorney General, a district attorney or any other
person.

 
Any government action that results from a public proceeding
during which a violation of this subchapter occurs is void unless
the violation is acknowledged and there is a de novo
consideration of the action.__If the violation is remedied within
30 days of the public proceeding at which it occurred, then the
penalties imposed pursuant to this section are waived.


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