Please ensure Javascript is enabled for purposes of website accessibility Sunshine Act 24-hour notice bill approved by House committee

Sunshine Act 24-hour notice bill approved by House committee

HARRISBURG, Feb. 5 – The state House Local Government Committee has approved legislation sponsored by Chairman Rep. Robert Freeman that would clarify the exceptions to the 24-hour rule for meeting agendas under the Sunshine Act in response to a November decision by the Pennsylvania Supreme Court.

“My legislation would strengthen transparency at public meetings by making sure residents have sufficient time to review and understand upcoming meetings that affect their daily lives. An informed and engaged citizenry is essential for a thriving democracy,” Freeman said.

In 2021, the Pennsylvania General Assembly amended the Sunshine Act to require government entities to make meeting agendas available to the public at least 24 hours in advance.

Recognizing the need for flexibility, the amendments also established reasonable exceptions to the 24-hour rule, including actions related to emergencies, minor matters that arise after the notice is published and do not involve contractual or financial obligations, and minor matters raised by a resident or taxpayer during the meeting.

The 2021 amendments further allow an agency to change its agenda during a meeting by a majority vote, provided the change is announced to those present before the vote.

“Due to the way this section of the Sunshine Act is written, the Pennsylvania Supreme Court interpreted this majority vote procedure as a valid exception to the 24-hour rule. This allows the 24-hour rule to be circumvented by allowing virtually any matter to be considered without giving the public 24-hour notice,” Freeman said.

“I believe this runs contrary to the intent of the 24-hour rule and the Sunshine Act, which is to give the public a reasonable opportunity to be informed about matters that will be discussed at meetings of their local municipality, school district, and commonwealth agencies. My legislation would clarify the Sunshine Act by explicitly defining the exceptions and limiting the majority-vote procedure to only these specific exceptions.”

The Local Government Committee amended H.B. 2146 to add a new category of exceptions to the 24-hour rule for minor administrative approvals that were inadvertently omitted from the agenda and that if delayed to the next meeting would cause hardship.

The bill heads to the full House of Representatives for consideration.