PRINTER'S NO. 861
No. 734 Session of 2003
INTRODUCED BY DeWEESE, BEBKO-JONES, HERMAN, LAUGHLIN, MUNDY,
STABACK, WOJNAROSKI, HARHAI, SCRIMENTI, DeLUCA, ROBERTS,
WASHINGTON, JOSEPHS, SHANER, CRUZ, KIRKLAND, MELIO, MYERS,
J. WILLIAMS, YEWCIC, JAMES, THOMAS, PETRARCA, HORSEY, MAHER
AND LEACH, MARCH 6, 2003
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 6, 2003
AN ACT
1 Amending Title 65 (Public Officers) of the Pennsylvania
2 Consolidated Statutes, further providing for business
3 transacted at unauthorized meeting, for penalties and for
4 jurisdiction and venue of judicial proceedings.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Sections 713, 714 and 715 of Title 65 of the
8 Pennsylvania Consolidated Statutes are amended to read:
9 § 713. Business transacted at unauthorized meeting void.
10 A legal challenge under this chapter shall be filed within 30
11 days from the date of a meeting which is open, or within 30 days
12 from the discovery of any action that occurred at a meeting
13 which was not open at which this chapter was violated, provided
14 that, in the case of a meeting which was not open, no legal
15 challenge may be commenced more than one year from the date of
16 said meeting. [The] A court of record may enjoin any challenged
17 action until a judicial determination of the legality of the
1 meeting at which the action was adopted is reached. Should [the]
2 any court, including a court of record, determine that [the] a
3 meeting did not meet the requirements of this chapter, it may in
4 its discretion find that any or all official action taken at the
5 meeting shall be invalid. Should the court determine that the
6 meeting met the requirements of this chapter, all official
7 action taken at the meeting shall be fully effective. The court
8 shall impose reasonable attorney fees on the losing party unless
9 it makes a specific finding that it would be unjust to do so.
10 § 714. Penalty.
11 Any member of any agency who participates in a meeting with
12 the intent and purpose by that member of violating this chapter
13 commits a summary offense and shall, upon conviction, be
14 sentenced to pay a fine not exceeding $100 plus costs of
15 prosecution. The court shall impose reasonable attorney fees on
16 the losing party unless it makes a specific finding that it
17 would be unjust to do so, provided, however, that no attorney
18 fees may be imposed on the district attorney or county for
19 unsuccessfully prosecuting a case.
20 § 715. Jurisdiction and venue of judicial proceedings.
21 District justices and judges of the Philadelphia Municipal
22 Court shall have original jurisdiction of all civil and criminal
23 actions under this chapter except as follows:
24 (1) The Commonwealth Court shall have original
25 jurisdiction of all civil actions involving State agencies
26 [and the].
27 (2) The courts of common pleas shall have original
28 jurisdiction of actions involving other agencies to render
29 declaratory judgments or to [enforce this chapter by
30 injunction or other remedy deemed appropriate by the court.
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1 The] enjoin meetings from taking place in violation of this
2 chapter.
3 (3) Once injunctive relief has been granted, the same
4 court shall retain jurisdiction to impose punishment for
5 contempt of court and, in its discretion, to declare official
6 action invalid pursuant to section 713 (relating to business
7 transacted at unauthorized meeting void). An action may be
8 brought by any person where the agency whose act is
9 complained of is located or where the act complained of
10 occurred.
11 Section 2. This act shall take effect in 60 days.
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