HB 2146 — 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 THEPRINTER'S GENERALNO. ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.

2882 THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.

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, STENDER,ZIMMERMAN, ZIMMERMANMADDEN AND MADDEN,MARKOSEK, JANUARY 15, 2026 REFERREDAS TOREPORTED FROM COMMITTEE ON LOCAL GOVERNMENT, JANUARYHOUSE 22,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.

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:

(a) Official action.--Except as provided in subsection (b), [(c), (d) or (e)] (c) oror, (d),(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).

* * * (e)(D.1) ChangesMINOR toADMINISTRATIVE agenda.--APPROVALS.-- <-- (1) UponAN majorityAGENCY voteMAY ofTAKE theOFFICIAL individualsACTION presentON andA votingMINOR duringADMINISTRATIVE theAPPROVAL conductNOT ofLISTED aON meeting,A anMEETING agencyAGENDA, mayINCLUDING addA aMINOR matterADMINISTRATIVE ofAPPROVAL agencyINADVERTENTLY businessOMITTED arisingFROM underTHE subsectionAGENDA, (b),THAT (c)WOULD orCAUSE (d)A toHARDSHIP theIF agenda.DELAYED UNTIL THE NEXT MEETING SUCH AS ITEMS DISCUSSED AND ACTED ON AT A PREVIOUS MEETING.

TheTHE reasonsEXCEPTION forUNDER theTHIS changesSUBSECTION toSHALL theONLY agendaINCLUDE shallTHE beFOLLOWING: announced at the meeting before any vote is conducted to make the changes to the agenda.

(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 20260HB2146PN2882 - 2 - 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 20260HB2146PN2882 - 3 - vote is conducted to make the changes to the agenda.

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