Amendment vs bill House Amendment A02825 vs Printer's No. 2529

Struck = removed from the bill · added = the amendment's new text.

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PRIOR PRINTER'S NOS.
H1069B2209A02825 AJB:CMD 09/18/19 #90 A02825 AMENDMENTS TO HOUSE BILL NO.
1230, 2209 PRINTER'S NO.
1069 Sponsor:
2529 THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.
REPRESENTATIVE WHEELAND Printer's No.
1069 2019 INTRODUCED BY BERNSTINE AND SIMMONS, APRIL 5, 2019 AS SEPTEMBER 19, 2019CONSIDERATION, HOUSE OF REPRESENTATIVES, 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.
2209 Amend Bill, page 1, line 14, by striking out "an open" and inserting a Amend Bill, page 2, line 5, by inserting after "meeting" where it occurs the second time and at the principal office of the agency Amend Bill, page 3, line 16, by striking out "MAKE CHANGES" and inserting add a matter of agency business Amend Bill, page 3, line 18, by inserting after "AGENDA." The agency may subsequently take official action on the matter added to the agenda.
The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
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 1.
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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 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), (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 20190HB1069PN2529 - 2 - 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 <-- 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.
Section 3.
This act shall take effect in 60 days.
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