PRINTER'S NO. 1439
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1313
Session of
2023
INTRODUCED BY HANBIDGE, HILL-EVANS, MADDEN, SANCHEZ, GUENST,
BOROWSKI AND FLEMING, JUNE 5, 2023
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, JUNE 5, 2023
AN ACT
Amending Title 35 (Health and Safety) of the Pennsylvania
Consolidated Statutes, in local organizations and services,
providing for public meetings during emergencies.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Chapter 75 of Title 35 of the Pennsylvania
Consolidated Statutes is amended by adding a subchapter to read:
SUBCHAPTER C
PUBLIC MEETINGS DURING EMERGENCIES
Sec.
7521. Scope of subchapter.
7522. Definitions.
7523. Applicability and effect of subchapter.
7524. Authorization for virtual meeting.
7525. Conduct of virtual meeting.
7526. Public observation.
7527. Public participation.
7528. Notice.
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7529. Rulemaking authority.
§ 7521. Scope of subchapter.
This subchapter relates to public meetings during
emergencies.
§ 7522. Definitions.
The following words and phrases when used in this subchapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Electronic." Relating to technology having electrical,
digital, magnetic, wireless, optical, electromagnetic or similar
capabilities.
"Emergency declaration." A declaration of emergency issued
by the Governor, governing body of a political subdivision or
Federal law.
"Meeting." A prearranged gathering of a public body that is
attended or participated in by a quorum of the members of the
public body held for the purpose of deliberating public body
business or taking official action.
"Observe." Listen to or watch, or both, whether or not
permitted to participate.
"Participate." Speak or submit a comment.
"Person." An individual, estate, business, nonprofit entity,
government, governmental subdivision, agency, instrumentality or
other legal entity.
"Political subdivision." A county, city, borough,
incorporated town or township of this Commonwealth.
"Public body." An entity subject to the provisions of 65
Pa.C.S. Ch. 7 (relating to open meetings). The term does not
include the General Assembly or agency of the General Assembly.
"Record." Information inscribed on a tangible medium or
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stored in an electronic or other medium and retrievable in
perceivable form.
"Special meeting." A meeting scheduled by a public body
after the public body's regular schedule of meetings has been
established.
"Virtual meeting." A meeting of a public body during at
least part of which one or more members of the public body
attend by electronic means.
§ 7523. Applicability and effect of subchapter.
(a) Applicability.--This subchapter shall apply to the
conduct of a virtual meeting only while an emergency declaration
is in effect.
(b) Effect on other law.--This subchapter shall not limit or
supersede any other provision of law authorizing a public body
to permit a member of the public body to participate, or a
member of the public to observe or participate in, by electronic
means, a meeting of the public body, whether or not an emergency
declaration is in effect.
(c) Electronic Signatures in Global and National Commerce
Act.--
(1) Except as provided in paragraph (2), this subchapter
modifies, limits or supersedes 15 U.S.C. Ch. 96 (relating to
electronic signatures in global and national commerce).
(2) This subchapter does not:
(i) modify, limit or supersede 15 U.S.C. § 7001(c)
(relating to general rule of validity); or
(ii) authorize electronic delivery of any of the
notices described in 15 U.S.C. § 7003(b) (relating to
specific exceptions).
§ 7524. Authorization for virtual meeting.
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(a) Conditions.--A public body may conduct a virtual meeting
while an emergency declaration, which applies to all or part of
the jurisdiction of the public body, is in effect if:
(1) the emergency declaration prohibits, limits or has
the effect of prohibiting or limiting an in-person meeting of
the public body; or
(2) the presiding officer of the public body or other
individual authorized to act for the public body:
(i) determines it is not practical or prudent for
the public body to conduct an in-person meeting because
of the emergency;
(ii) communicates to the members of the public body
that the meeting will be a virtual meeting; and
(iii) takes reasonable steps to inform members of
the public that the meeting will be a virtual meeting.
(b) Effect.--An action taken in a virtual meeting that
complies with this subchapter has the same effect as an action
taken in an in-person meeting of the public body.
(c) Other law.--Other law that applies to an in-person
meeting of a public body applies, to the extent practicable, to
a virtual meeting.
§ 7525. Conduct of virtual meeting.
(a) Assistive technology.--A public body conducting a
virtual meeting, to the extent practicable, shall conduct the
meeting using a means compatible with assistive technology that
is commonly used by individuals with disabilities and that
facilitates the accommodation needs of individuals with
disabilities to access the meeting.
(b) Conditions generally.--Except as provided in subsections
(c) and (d), the means used to conduct a virtual meeting must
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permit each member of the public body who attends the meeting,
contemporaneously and throughout the meeting, to see and hear,
and to be seen and heard by, the other members of the public
body who attend the meeting.
(c) Audio access.--If a member of a public body is unable to
obtain visual access to the virtual meeting but is able to
obtain audio access that permits the member contemporaneously
and throughout the meeting to hear and be heard by the other
members of the public body who attend the meeting, the member
may attend the meeting by audio access.
(d) Capacity.--If a public body lacks the capacity to
provide contemporaneous visual access to a virtual meeting for
members of the public body, the public body may conduct the
meeting by audio-only access that permits each member of the
public body who attends the meeting, contemporaneously and
throughout the meeting, to hear and be heard by the other
members of the public body who attend the meeting.
(e) Deemed presence.--A member of a public body who attends
a virtual meeting is considered present for all purposes,
including for determination of a quorum and voting, if
contemporaneously and throughout the meeting the member can:
(1) for a meeting conducted in compliance with
subsection (b), see and hear and be seen and heard by the
other members of the public body who attend the meeting; or
(2) for a meeting conducted in compliance with
subsection (c) or (d), hear and be heard by the other members
of the public body who attend the meeting.
(f) Requirement to state name.--A member of a public body
who attends a virtual meeting through electronic means that
provide audio-only access to the meeting shall state the
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member's name each time the member speaks. A member's failure to
state the member's name does not invalidate an action taken in
the virtual meeting.
(g) Vote.--A vote taken in a virtual meeting must be by a
process that identifies the vote of each member of the public
body.
(h) Minutes.--The minutes of a virtual meeting must:
(1) Report any vote taken.
(2) State that the meeting was conducted by electronic
means.
(3) Identify the technology used.
(4) Identify the members of the public body who attended
by electronic means.
§ 7526. Public observation.
(a) Open meetings.--If the provisions of 65 Pa.C.S. Ch. 7
(relating to open meetings) require that the public be able to
observe contemporaneously all or part of a meeting of a public
body:
(1) the public body shall permit the public to observe
contemporaneously a virtual meeting, or the part of a virtual
meeting that would be required to be open to the public if it
were an in-person meeting; and
(2) the public body shall provide technological means to
allow members of the public who observe the virtual meeting
to see and hear or, if the public body conducts the meeting
by audio-only access under section 7525(d) (relating to
conduct of virtual meeting), to hear members of the public
body and members of the public authorized by the public body
to speak in the meeting.
(b) Availability of records.--A document, exhibit or other
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record presented to a public body in a virtual meeting that
under 65 Pa.C.S. Ch. 7 would have been available to the public
at an in-person meeting must be made available to the public,
including members of the public observing or participating in a
virtual meeting under section 7527 (relating to public
participation), contemporaneously with the virtual meeting to
the extent practicable.
§ 7527. Public participation.
(a) Participation.--If law of this Commonwealth or a
political subdivision or a rule, practice or procedure adopted
by the public body requires that members of the public be
permitted to participate in a meeting of the public body, the
public body, to the extent practicable, shall permit members of
the public to participate in a virtual meeting, subject to
conditions that apply to an in-person meeting of the public
body.
(b) Speaking and hearing at meeting.--If members of the
public are permitted to speak in a virtual meeting, the
technology used to conduct the meeting must permit members of
the public body and members of the public attending the meeting
to hear the members of the public who speak in the meeting.
(c) Written comments.--If members of the public are
permitted to participate in a virtual meeting, they may submit
written comments which shall be read aloud during the meeting.
Written comments may be submitted to the public body's physical
address through United States mail or to an email account
designated by the public body to receive the comments.
(d) Rights and interests.--If a public body considers in a
virtual meeting a matter affecting the right or interest of a
person entitled by other law of this Commonwealth or a political
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subdivision or by rule of the public body to participate,
present evidence or examine or cross-examine witnesses in an in-
person meeting, the public body shall permit the person to use
the same technology that the public body uses to conduct the
virtual meeting, or provide equivalent access, to participate,
present evidence or examine or cross-examine witnesses in the
virtual meeting.
(e) Objection and determination.--A person to which
subsection (d) applies may object that the virtual meeting does
not allow the person effectively to protect the person's right
or interest. The public body shall consider the objection and
may proceed with the matter in the virtual meeting if the public
body determines the virtual meeting will allow the person
effectively to protect the right or interest. The public body
shall state in a record the determination and the reason for the
determination.
§ 7528. Notice.
(a) Method and timing.--In addition to any other requirement
concerning notice that a public body must give for a meeting of
the public body, the public body must notify the public
regarding a virtual meeting via the public body's publicly
accessible Internet website or in an advertisement in a
newspaper of general circulation, or both, at least three days
prior to a regular public meeting and at least 24 hours prior to
a special meeting or rescheduled meeting.
(b) Contents.--Notice of a virtual meeting must specify:
(1) That the meeting will be a virtual meeting.
(2) The technology to be used for the meeting.
(3) How members of the public can observe the meeting
contemporaneously under section 7526 (relating to public
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observation).
(4) If permitted under section 7527 (relating to public
participation), how members of the public can participate,
present evidence or examine or cross-examine witnesses in the
meeting.
(5) How a member of the public can alert the public body
of a technical problem preventing the member from accessing
the meeting.
(6) How a reasonable accommodation can be requested by
or for a member of the public with a disability.
§ 7529. Rulemaking authority.
A public body may adopt rules for conducting a virtual
meeting under this subchapter. The rules may include:
(1) The means by which the public body will inform
members of the public that a virtual meeting will be held.
(2) The effect of a technical problem that interferes
with a virtual meeting or access to the meeting by a member
of the public body or the public.
(3) The means by which a record considered in a virtual
meeting is made available to the public body and, if required
by other law, the public.
(4) The means for access to a virtual meeting by an
individual with a disability.
(5) The process by which a person may object under
section 7527(e) (relating to public participation).
Section 2. This act shall take effect immediately.
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