Municipal officials should be aware of an important change to Pennsylvania’s Sunshine Act. On October 22, 2026, Governor Josh Shapiro approved Act 103 of 2026, which changes when a public body may add an unlisted matter to its meeting agenda. The Act takes effect 60 days after enactment.

The Key Change
Once Act 103 takes effect, a majority vote alone will no longer permit a public body to add an unlisted matter to its agenda and act on it. The matter must fall within one of following three provisions of the Sunshine Act:

• Emergency business involving a real or potential emergency and a clear and present danger to life or property. 65 Pa.C.S. § 712.1(b).
• Business arising within 24 hours before the meeting that is de minimis and does not involve the expenditure of funds or entering into a contract or agreement. 65 Pa.C.S. § 712.1(c).
• Business raised by a resident or taxpayer during the meeting, subject to the limited action permitted by 65 Pa.C.S. § 712.1(d).

For a qualifying matter, a majority of those present and voting must approve its addition to the agenda, and the reason for the change must be announced before the vote. The amended agenda must be posted on the agency’s publicly accessible website, if available, and at its principal office no later than the first business day following the meeting. Act 103 of 2026, § 1, amending 65 Pa.C.S. § 712.1(e).

If official action is taken on an added matter, the minutes must reflect the substance of the matter, the vote on its addition to the agenda, and the announced reasons for the addition. 65 Pa.C.S. § 712.1(f).

Practical Guidance
Municipalities should place all known matters that will or may be the subject of deliberation or official action on the advance agenda. 65 Pa.C.S. § 709(c.1).

If a matter is omitted, municipalities should not rely on a majority vote alone to correct the omission. Unless the matter clearly qualifies under § 712.1(b), (c), or (d), official action should be deferred until the matter is placed on the agenda for a subsequent meeting.

Bottom Line
Municipal boards, authorities, commissions, and other public bodies should review their agenda procedures before Act 103 becomes effective and ensure that all anticipated matters are included on the agenda in advance.

If you have questions about Act 103 of 2026 or how the new Sunshine Act requirements may affect your municipality, please contact Paul Bametzreider or any attorney in Barley Snyder’s Municipal Industry Group.