PRINTER'S NO. 2837
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2428
Session of
2022
INTRODUCED BY KNOWLES, JAMES, FREEMAN AND SAPPEY, MARCH 16, 2022
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, MARCH 16, 2022
AN ACT
Amending Title 65 (Public Officers) of the Pennsylvania
Consolidated Statutes, in open meetings, further providing
for definitions, for minutes of meetings, public records and
recording of meetings, for public participation and for use
of equipment during meetings.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "public notice" in section 703
of Title 65 of the Pennsylvania Consolidated Statutes is amended
and the section is amended by adding a definition to read:
§ 703. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Authorized telecommunications device." A device which
permits, at a minimum, audio communication between individuals.
* * *
"Public notice."
(1) For a meeting:
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(i) Publication of notice of the place, date [and],
time, method of broadcast and acceptance of remote public
comment, if applicable, of a meeting in a newspaper of
general circulation, as defined by 45 Pa.C.S. § 101
(relating to definitions), which is published and
circulated in the political subdivision where the meeting
will be held, or in a newspaper of general circulation
which has a bona fide paid circulation in the political
subdivision equal to or greater than any newspaper
published in the political subdivision.
(ii) Posting a notice of the place, date [and],
time, method of broadcast and acceptance of remote public
comment, if applicable, of a meeting prominently at the
principal office of the agency holding the meeting or at
the public building in which the meeting is to be held.
(iii) Giving notice to parties under section 709(c)
(relating to public notice).
(2) For a recessed or reconvened meeting:
(i) Posting a notice of the place, date [and], time,
method of broadcast and acceptance of remote public
comment, if applicable, of the meeting prominently at the
principal office of the agency holding the meeting or at
the public building in which the meeting is to be held.
(ii) Giving notice to parties under section 709(c).
* * *
Section 2. Section 706 of Title 65 is amended by adding a
paragraph to read:
§ 706. Minutes of meetings, public records and recording of
meetings.
Written minutes shall be kept of all open meetings of
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agencies. The minutes shall include:
* * *
(5) A statement disclosing the availability of a
broadcast of a meeting and the acceptance of remote public
comment, if applicable. If a recording of the meeting is
available on an Internet website, the statement shall include
the web address or uniform resource locator to the recording
of the meeting.
Section 3. Sections 710.1 and 711 of Title 65 are amended by
adding subsections to read:
§ 710.1. Public participation.
* * *
(e) Remote public comment.--If a board or council of a
political subdivision or of an authority created by a political
subdivision adopts rules for remote public comment under section
711(d) (relating to use of equipment during meetings), in the
event that remote public comment cannot be received by the
manner advertised or by a contingency plan under section 711(d)
(2), official action of a matter shall be postponed until the
next advertised meeting.
§ 711. Use of equipment during meetings.
* * *
(c) Local broadcast rules.--
(1) A board or council of a political subdivision or of
an authority created by a political subdivision may adopt
rules governing the broadcast of a meeting.
(2) A board or council broadcasting a meeting using an
Internet website, mobile application or social media platform
shall broadcast the entire meeting except for an executive
session.
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(3) If a recording of a broadcast of a meeting is
available for public access after the meeting, no portion of
the broadcast may be omitted or muted from the recording.
(d) Remote public comment.--
(1) The board or council of a political subdivision or
of an authority created by a political subdivision may adopt
rules permitting the acceptance of remote public comment by
the use of an authorized telecommunications device in
addition to public comment at the physical location of the
meeting under section 710.1 (relating to public
participation).
(2) A rule under this subsection may include:
(i) A requirement that an individual seeking to
offer public comment must demonstrate that the individual
is entitled to offer public comment under section
710.1(a).
(ii) A process to allow an individual seeking to be
recognized for remote public comment to be placed on a
list or in a virtual queue.
(iii) A contingency plan to allow remote public
comment to be received during a meeting by telephone
audible throughout the meeting location by amplification
only if:
(A) the advertised authorized telecommunications
device is unable to be utilized by the political
subdivision or authority during the meeting because
of an Internet service outage or other technological
failure impacting the device's operation at the
meeting location; and
(B) a notice placed on the posted meeting agenda
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provides contact information for the telephone.
(3) Nothing in this section shall be construed to
authorize the acceptance of written comments through a social
media platform, email or web platform as a substitute for
public comment under section 710.1.
Section 4. This act shall take effect in 60 days.
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