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A02825
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1069
Session of
2019
INTRODUCED BY BERNSTINE AND SIMMONS, APRIL 5, 2019
AS REPORTED FROM COMMITTEE ON STATE GOVERNMENT, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 19, 2019
AN ACT
Amending Title 65 (Public Officers) of the Pennsylvania
Consolidated Statutes, in open meetings, further providing
for public notice and providing for notification of agency
business required and exceptions.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 709 of Title 65 of the Pennsylvania
Consolidated Statutes is amended by adding a subsection to read:
§ 709. Public notice.
* * *
(c.1) Notification of agency business to be considered.--In
addition to any public notice required under this section, an
agency shall provide the following notification of agency
business to be considered at an open a meeting as follows:
(1) If the agency has a publicly accessible Internet
website, the agency shall post the agenda, which includes a
listing of each matter of agency business that will be or may
be the subject of deliberation or official action at the
meeting, on the website no later than 24 hours in advance of
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the time of the convening of the meeting.
(2) The agency shall post the agenda, which includes a
listing of each matter of agency business that will be or may
be the subject of deliberation or official action at the
meeting, at the location of the meeting and at the principal
office of the agency .
(3) The agency shall make available to individuals in
attendance at the meeting copies of the agenda, which include
a listing of each matter of agency business that will be or
may be the subject of deliberation or official action at the
meeting.
* * *
Section 2. Title 65 is amended by adding a section to read:
§ 712.1. Notification of agency business required and
exceptions .
(a) Official action.--Except as provided in subsection (b),
(c) or , (d) OR (E) , an agency may not take official action on a
matter of agency business at a meeting if the matter was not
included in the notification required under section 709(c.1)
(relating to public notice).
(b) Emergency business.--An agency may take official action
at a regularly scheduled meeting or an emergency meeting on a
matter of agency business relating to a real or potential
emergency involving a clear and present danger to life or
property regardless of whether public notice was given for the
meeting.
(c) Business arising within 24 hours before meeting.--An
agency may take official action on a matter of agency business
that is not listed on a meeting agenda if:
(1) the matter arises or is brought to the attention of
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the agency within the 24-hour period prior to the meeting;
and
(2) the matter is de minimis in nature and does not
involve the expenditure of funds or entering into a contract
or agreement by the agency.
(d) Business arising during meeting.--If, during the conduct
of a meeting, a resident or taxpayer brings a matter of agency
business that is not listed on the meeting agenda to the
attention of the agency, the agency may take official action to
refer the matter to staff, if applicable, for the purpose of
researching the matter for inclusion on the agenda of a future
meeting, or, if the matter is de minimis in nature and does not
involve the expenditure of funds or entering into a contract or
agreement, the agency may take official action on the matter.
(E) CHANGES TO AGENDA.--UPON MAJORITY VOTE OF THE
INDIVIDUALS PRESENT AND VOTING DURING THE CONDUCT OF A MEETING,
AN AGENCY MAY MAKE CHANGES add a matter of agency business TO
THE AGENDA. THE REASONS FOR THE CHANGES TO THE AGENDA SHALL BE
ANNOUNCED AT THE MEETING BEFORE ANY VOTE IS CONDUCTED TO MAKE
THE CHANGES TO THE AGENDA. The agency may subsequently take
o fficial action on the matter added to the agenda. The agency
shall post the amended agenda on the agency's publicly
accessible Internet website, if available, and at the agency's
principal office location no later than the first business day
following the meeting at which the agenda was changed.
Section 3. This act shall take effect in 60 days.
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