PRINTER'S NO. 602
No. 576 Session of 1999
INTRODUCED BY STEIL, LAUGHLIN AND VAN HORNE, FEBRUARY 16, 1999
REFERRED TO COMMITTEE ON STATE GOVERNMENT, FEBRUARY 16, 1999
AN ACT
1 Amending Title 65 (Public Officers) of the Pennsylvania
2 Consolidated Statutes, further defining "public notice";
3 defining "work session"; and further providing for public
4 notice and for public participation.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. The definition of "public notice" in section 703
8 of Title 65 of the Pennsylvania Consolidated Statutes, added
9 October 15, 1998 (P.L.729, No.93), is amended and the section is
10 amended by adding a definition to read:
11 Section 703. Definitions.
12 The following words and phrases when used in this chapter
13 shall have the meanings given to them in this section unless the
14 context clearly indicates otherwise:
15 * * *
16 "Public notice."
17 (1) For a meeting, other than a work session described
18 in paragraph (3):
19 (i) Publication of notice of the place, date and
1 time of a meeting in a newspaper of general circulation,
2 as defined by 45 Pa.C.S. § 101 (relating to definitions),
3 which is published and circulated in the political
4 subdivision where the meeting will be held, or in a
5 newspaper of general circulation which has a bona fide
6 paid circulation in the political subdivision equal to or
7 greater than any newspaper published in the political
8 subdivision.
9 (ii) Posting a notice of the place, date and time of
10 a meeting prominently at the principal office of the
11 agency holding the meeting or at the public building in
12 which the meeting is to be held.
13 (iii) Giving notice to parties under section 709(c)
14 (relating to public notice).
15 (2) For a recessed or reconvened meeting:
16 (i) Posting a notice of the place, date and time of
17 the meeting prominently at the principal office of the
18 agency holding the meeting or at the public building in
19 which the meeting is to be held.
20 (ii) Giving notice to parties under section 709(c).
21 (3) For a work session:
22 (i) Publication of a notice in a newspaper of
23 general circulation, as defined by 45 Pa.C.S. § 101
24 (relating to definitions), which is published and
25 circulated in the political subdivision where the work
26 session will be held, or in a newspaper of general
27 circulation which has a bona fide paid circulation in the
28 political subdivision equal to or greater than any
29 newspaper published in the political subdivision. The
30 notice shall include the following:
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1 (A) the place, date and time of the work
2 session;
3 (B) a statement indicating the purpose of the
4 work session;
5 (C) a statement indicating that no official
6 action will be taken; and
7 (D) a statement indicating that no comment
8 period, as provided in section 710.1 (relating to
9 public participation), will be provided.
10 (ii) Posting a notice prominently at the principal
11 office of the agency holding the work session or at the
12 public building in which the work session is to be held.
13 The notice shall include the following:
14 (A) the place, date and time of the work
15 session;
16 (B) a statement indicating the purpose of the
17 work session;
18 (C) a statement indicating that no official
19 action will be taken; and
20 (D) a statement indicating that no comment
21 period, as provided in section 710.1, will be
22 provided.
23 * * *
24 "Work session." A gathering of agency members which is held
25 for the purpose of setting the agenda for an advertised regular
26 meeting or an advertised special meeting or for the purpose of
27 providing information on matters related to their official
28 agency responsibilities and examining, analyzing, discussing and
29 clarifying the information offered, and at which no official
30 business is conducted.
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1 Section 2. Section 709(a) of Title 65, added October 15,
2 1998 (P.L.729, No.93), is amended to read:
3 Section 709. Public notice.
4 (a) Meetings.--An agency shall give public notice of its
5 first regular meeting of each calendar or fiscal year not less
6 than three days in advance of the meeting and shall give public
7 notice of the schedule of its remaining regular meetings. An
8 agency shall give public notice of each special meeting, each
9 work session or each rescheduled regular or special meeting at
10 least 24 hours in advance of the time of the convening of the
11 meeting specified in the notice. Public notice is not required
12 in the case of an emergency meeting or a conference.
13 Professional licensing boards within the Bureau of Professional
14 and Occupational Affairs of the Department of State of the
15 Commonwealth shall include in the public notice each matter
16 involving a proposal to revoke, suspend or restrict a license.
17 * * *
18 Section 3. Section 710.1(a) and (d) of Title 65, added
19 October 15, 1998 (P.L.729, No.93), are amended and the section
20 is amended by adding a subsection to read:
21 Section 710.1. Public participation.
22 (a) General rule.--
23 (1) Except as provided in subsection (d), the board or
24 council of a political subdivision or of an authority created
25 by a political subdivision shall provide a reasonable
26 opportunity at each advertised regular meeting and advertised
27 special meeting for residents of the political subdivision or
28 of the authority created by a political subdivision or for
29 taxpayers of the political subdivision or of the authority
30 created by a political subdivision or for both to comment on
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1 matters of concern, official action or deliberation which are
2 or may be before the board or council prior to taking
3 official action. The board or council has the option to
4 accept all public comment at the beginning of the meeting.
5 (2) If the board or council determines that there is not
6 sufficient time at a meeting for residents of the political
7 subdivision or of the authority created by a political
8 subdivision or for taxpayers of the political subdivision or
9 of the authority created by a political subdivision or for
10 both to comment, the board or council may defer the comment
11 period to the next regular meeting or to a special meeting
12 occurring in advance of the next regular meeting.
13 (a.1) Request for comment period.--At any advertised regular
14 meeting or advertised special meeting, any resident of the
15 political subdivision or of the authority created by a political
16 subdivision or any taxpayer of the political subdivision or of
17 the authority created by a political subdivision shall be
18 entitled to request the scheduling of a comment period at the
19 next regular meeting or special meeting occurring in advance of
20 the next regular meeting regarding any matter of concern, any
21 official action or any deliberation which is or may be before
22 the board or council and which is within the board's or
23 council's jurisdiction. Except as provided in subsection (a)(2),
24 the board or council shall comply with any such request.
25 * * *
26 (d) [Exception.--] Exceptions.--
27 (1) The board or council of a political subdivision or
28 of an authority created by a political subdivision which had,
29 before January 1, 1993, established a practice or policy of
30 holding special meetings solely for the purpose of public
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1 comment in advance of advertised regular meetings shall be
2 exempt from the provisions of [subsection (a).] subsections
3 (a) and (a.1).
4 (2) Work sessions conducted by the board or council of a
5 political subdivision or of an authority created by a
6 political subdivision shall be exempt from the provisions of
7 subsection (a).
8 Section 4. This act shall take effect January 1, 2000.
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