PRINTER'S NO. 2134
No. 1710 Session of 1997
INTRODUCED BY STABACK, BELARDI, COLAIZZO, SURRA, LAUGHLIN,
McCALL, ROONEY, OLASZ, ORIE, BARRAR, BATTISTO, DALEY, TRELLO,
DeLUCA, BELFANTI, PETRARCA, C. WILLIAMS AND SCRIMENTI,
JULY 1, 1997
REFERRED TO COMMITTEE ON STATE GOVERNMENT, JULY 1, 1997
AN ACT
1 Amending the act of July 3, 1986 (P.L.388, No.84), entitled "An
2 act requiring public agencies to hold certain meetings and
3 hearings open to the public; and providing penalties,"
4 further providing for public participation, for attorney fees
5 and for penalties.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Section 10.1 of the act of July 3, 1986 (P.L.388,
9 No.84), known as the Sunshine Act, added June 15, 1993 (P.L.95,
10 No.20), is amended to read:
11 Section 10.1. Public participation.
12 (a) General rule.--Except as provided in subsection (d), the
13 board or council of a political subdivision or of an authority
14 created by a political subdivision shall provide a reasonable
15 opportunity at each advertised regular meeting and advertised
16 special meeting for residents of the political subdivision or of
17 the authority created by a political subdivision or for
18 taxpayers of the political subdivision or of the authority
1 created by a political subdivision or for both to comment on
2 matters of concern, official action or deliberation which are or
3 may be before the board or council prior to taking official
4 action. If the board or council determines that there is not
5 sufficient time at a meeting for residents of the political
6 subdivision or of the authority created by a political
7 subdivision or for taxpayers of the political subdivision or of
8 the authority created by a political subdivision or for both to
9 comment, the board or council may defer the comment period to
10 the next regular meeting or to a special meeting occurring in
11 advance of the next regular meeting.
12 (b) Limitation on judicial relief.--If a board or council of
13 a political subdivision or an authority created by a political
14 subdivision has complied with the provisions of subsection (a),
15 the judicial relief under section 13 shall not be available on a
16 specific action solely on the basis of lack of comment on that
17 action.
18 (c) Objection.--Any person has the right to raise an
19 objection at any time to a perceived violation of this act at
20 any meeting of a board or council of a political subdivision or
21 an authority created by a political subdivision.
22 (d) Exception.--The board or council of a political
23 subdivision or of an authority created by a political
24 subdivision which had, before January 1, 1993, established a
25 practice or policy of holding special meetings solely for the
26 purpose of public comment in advance of advertised regular
27 meetings shall be exempt from the provisions of subsection (a).
28 Section 2. Sections 13 and 14 of the act are amended to
29 read:
30 Section 13. Business transacted at unauthorized meeting void.
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1 A legal challenge under this act shall be filed within 30
2 days from the date of a meeting which is open, or within 30 days
3 from the discovery of any action that occurred at a meeting
4 which was not open at which the act was violated, provided that,
5 in the case of a meeting which was not open, no legal challenge
6 may be commenced more than one year from the date of said
7 meeting. The court may enjoin any challenged action until a
8 judicial determination of the legality of the meeting at which
9 the action was adopted is reached. Should the court determine
10 that the meeting did not meet the requirements of this act, it
11 may in its discretion find that any or all official action taken
12 at the meeting shall be invalid. Should the court determine that
13 the meeting met the requirements of this act, all official
14 action taken at the meeting shall be fully effective. [The court
15 may impose attorney fees for legal challenges commenced in bad
16 faith.]
17 Section 14. Penalty.
18 [Any member of any agency who participates in a meeting with
19 the intent and purpose by that member of violating this act
20 commits a summary offense and shall, upon conviction, be
21 sentenced to pay a fine not exceeding $100 plus costs of
22 prosecution.] Any member of an agency who participates in a
23 meeting under section 13 or solicitor who advises a member to
24 participate in a meeting under section 13 with the intent and
25 purpose by that member or solicitor of violating this act
26 commits a summary offense and shall, upon conviction, be
27 sentenced to pay a fine of not less than $100 nor more than $500
28 plus costs of prosecution.
29 Section 3. The act is amended by adding a section to read:
30 Section 14.1. Attorney fees.
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1 If a person brings a successful legal challenge under this
2 act, or prevails in part, the court may award reasonable
3 attorney fees and costs of litigation or an appropriate portion
4 thereof. If the court finds that the legal challenge was of a
5 frivolous nature and was brought with no substantial
6 justification, it may award reasonable attorney fees to the
7 prevailing party.
8 Section 4. This act shall apply to all legal challenges
9 filed under this act on or after the effective date of this act.
10 Section 5. This act shall take effect in 60 days.
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