Pa. House Panel Approves Bill To Limit Exceptions To Sunshine Act Notice Requirement

State lawmakers hope to close a loophole in one of Pennsylvania’s government transparency laws with a bill headed to the House for consideration.

The state Supreme Court in November clarified a 2021 amendment to the state Sunshine Act that created four exceptions to the law’s public notice requirement. One, the court said, allows public agencies to circumvent the notice requirement entirely.

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In a 4-3 decision, the majority held that school boards and other public agencies can take official action on items not included in an agenda before a public meeting, if a majority of members vote to do so.

The decision alarmed transparency watchdogs who argued it weakens the Sunshine Act’s requirement that government business be conducted publicly. Sen. Jarrett Coleman (R-Lehigh), whose challenge of a vote by the Parkland School District led to the ruling, said the court majority had “opened Pandora’s Box.

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The Local Government Committee on Tuesday approved House Bill 2146, amending the Sunshine Act to limit the types of matters an agency could consider without notice.

Under the legislation, public officials could avoid the notice requirement only for matters concerning a real or potential danger to life or property; or trivial items not involving expenditures or contracts brought to the agency’s attention less than 24 hours before a meeting or by a resident or taxpayer during the meeting.

An agency can add such matters to a meeting agenda by announcing the reason for changing the agenda and voting by majority to add them.

“This amendment does rightfully, I believe, take the wide open gap that we have before us with the Supreme Court decision and narrows it down to legitimate areas of expediency that need to be acted upon,” Rep. Brett Miller (R-Lancaster), the committee’s ranking Republican, said during the meeting.

Miller co-sponsored the legislation with Local Government Committee Chairman Robert Freeman (D-Northampton). Freeman said the language was drafted in consultation with the Pennsylvania State Association of Township Supervisors. That organization declared the decision a victory for local government efficiency.

Freeman offered an amendment that would create another category of exception to the notice requirement for minor administrative matters inadvertently omitted from an agenda, allowing an agency to vote on personnel actions or time sensitive litigation after a closed-door meeting.

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