An Act amending Title 65 (Public Officers) of the Pennsylvania Consolidated Statutes, in open meetings, further providing for notification of agency business required and exceptions.

PRIOR PRINTER'S NO. 2786 PRINTER'S NO. 2882
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2146
Session of
2026
INTRODUCED BY FREEMAN, B. MILLER, HILL-EVANS, SHUSTERMAN,
VITALI, SANCHEZ, GREINER, RIVERA, PIELLI, WALSH, WATRO,
SAPPEY, HARKINS, ROAE, KRUPA, NEILSON, WAXMAN, OTTEN, SCOTT,
McNEILL, KAZEEM, DONAHUE, SOLOMON, INGLIS, BOROWSKI, JAMES,
ZIMMERMAN, MADDEN AND MARKOSEK, JANUARY 15, 2026
AS REPORTED FROM COMMITTEE ON LOCAL GOVERNMENT, HOUSE OF
REPRESENTATIVES, AS AMENDED, FEBRUARY 4, 2026
AN ACT
Amending Title 65 (Public Officers) of the Pennsylvania
Consolidated Statutes, in open meetings, further providing
for notification of agency business required and exceptions.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 712.1(a), (c) and (e)(1) of Title 65 of
the Pennsylvania Consolidated Statutes are amended AND THE
SECTION IS AMENDED BY ADDING A SUBSECTION to read:
§ 712.1. Notification of agency business required and
exceptions.
(a) Official action.--Except as provided in subsection (b),
[(c), (d) or (e)] (c) or , (d) OR (D.1) , 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).
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(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 the matter:
(1) [the matter] arises or is brought to the attention
of 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].
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(D.1) MINOR ADMINISTRATIVE APPROVALS.--
(1) AN AGENCY MAY TAKE OFFICIAL ACTION ON A MINOR
ADMINISTRATIVE APPROVAL NOT LISTED ON A MEETING AGENDA,
INCLUDING A MINOR ADMINISTRATIVE APPROVAL INADVERTENTLY
OMITTED FROM THE AGENDA, THAT WOULD CAUSE A HARDSHIP IF
DELAYED UNTIL THE NEXT MEETING SUCH AS ITEMS DISCUSSED AND
ACTED ON AT A PREVIOUS MEETING. THE EXCEPTION UNDER THIS
SUBSECTION SHALL ONLY INCLUDE THE FOLLOWING:
(I) PERSONNEL ACTIONS AFTER AN EXECUTIVE SESSION
HELD IN ACCORDANCE WITH SECTION 708(A)(1) AND RESTRICTED
TO FIRING, LEAVE, INVESTIGATIONS OR DISCIPLINING.
(II) OFFICIAL ACTION, AFTER AN EXECUTIVE SESSION
HELD IN ACCORDANCE WITH SECTION 708(A)(4), AUTHORIZING
TIME-SENSITIVE LEGAL FILINGS OR OTHER ACTION RELATED TO
LITIGATION BY THE SOLICITOR OR CHIEF LEGAL COUNSEL OR
OTHER PROFESSIONAL REPRESENTATIVES. THE OPINION RENDERED
BY THE SOLICITOR UNDER PARAGRAPH (2) SHALL INCLUDE A
DESCRIPTION OF WHY IMMEDIATE ACTION IS REQUIRED IN ORDER
TO PRESERVE OR PROMOTE THE AGENCY'S LEGAL INTERESTS.
(III) SMALL PURCHASING AND BILL APPROVALS OF LESS
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THAN THE CURRENT TELEPHONIC BIDDING THRESHOLD ADVERTISED
IN THE PENNSYLVANIA BULLETIN FOR REPAIRING OR MITIGATING
REAL OR POTENTIAL DAMAGE TO PROPERTY OF THE AGENCY.
(IV) SMALL PURCHASING AND BILL APPROVALS OF LESS
THAN THE CURRENT BIDDING THRESHOLD ADVERTISED IN THE
PENNSYLVANIA BULLETIN FOR PURCHASE OF PROPERTY AT AN
AUCTION AND FACING AN IMMINENT DEADLINE.
(V) GRANT APPLICATIONS SUBJECT TO AN IMMINENT
DEADLINE.
(VI) SMALL BORROWING OR TAX ANTICIPATION NOTE
PAPERWORK UNDER 53 PA.C.S. PT. VII SUBPT. B (RELATING TO
INDEBTEDNESS AND BORROWING) IF THE BORROWING OR NOTE WAS
PREVIOUSLY APPROVED IN AN OPEN MEETING.
(VII) MINOR PERMIT APPROVALS FOR SEWER MODULES. THIS
SUBPARAGRAPH SHALL NOT SUPERSEDE ANY REQUIREMENTS OF THE
ACT OF JULY 31, 1968 (P.L.805, NO.247), KNOWN AS THE
PENNSYLVANIA MUNICIPALITIES PLANNING CODE.
(2) PRIOR TO TAKING ACTION ON AN ITEM UNDER THIS
SUBSECTION, THE AGENCY SHALL OBTAIN AN OPINION FROM ITS
SOLICITOR OR CHIEF LEGAL COUNSEL, AS THE CASE MAY BE, ON
WHETHER THE PROPOSED OFFICIAL ACTION FALLS UNDER THIS
SUBSECTION. THE OPINION SHALL BE PROVIDED BY THE SOLICITOR OR
CHIEF LEGAL COUNSEL AT THE MEETING OR IN WRITING PRIOR TO THE
MEETING AND SHALL BE PUBLICLY DISCLOSED AT THE MEETING.
(e) Changes to agenda.--
(1) Upon majority vote of the individuals present and
voting during the conduct of a meeting, an agency may add a
matter of agency business arising under subsection (b), (c)
or , (d) OR (D.1) to the agenda. The reasons for the changes
to the agenda shall be announced at the meeting before any
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vote is conducted to make the changes to the agenda. The
agency may subsequently take official 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.
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Section 2. This act shall take effect in 60 days.
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