On October 22, 2026, Governor Josh Shapiro signed Senate Bill 1150 into law as Act 103 of 2026. The Act, which eliminates the Majority Vote Clause from the list of standalone exceptions to the Sunshine Act’s advance agenda requirement, substantially limits when agencies can add business to an agenda during a public meeting.
The Sunshine Act generally prohibits official action on agency business that was not included on the agenda posted at least 24 hours before the meeting. Last year, however, the Supreme Court of Pennsylvania in Coleman v. Parkland School District, 346 A.3d 1266 (Pa. 2025) clarified that the Sunshine Act creates four independent exceptions to the 24-hour advance agenda notice requirement, including the “Majority Vote Clause” in Section 712.1(e). The Majority Vote Clause operates as a catch-all exception, permitting an agency to amend its agenda to add any new matter, even if the matter is not emergency business or is not de minimis in nature.
Under the current Majority Vote Clause, an agency may add a matter during a meeting by a majority vote of the individuals present and voting, as long as it announces the reasons for the change before the vote. The agency may then take official action on the added matter and post the amended agenda by the first business day after the meeting. In addition, the meeting minutes must identify the added matter, the vote to add it, and the announced reasons for the addition.
The Act removes Section 712.1(e) from the list of standalone exceptions to the 24-hour advance agenda notice requirement, therefore eliminating the Majority Vote Clause. Under the Act, an agency may only amend its agenda by majority vote for matters that fall within one of the remaining exceptions in Sections 712.1(b), (c), or (d):
Emergency Business, such as a real or threatened emergency that puts people or property at immediate risk, i.e., a natural disaster, contamination of public utilities, or the failure of public infrastructure;
De minimis business, meaning a minor issue that comes up during the meeting and does not involve the expenditure of funds or entering into a contract or agreement;
De minimis business raised by a taxpayer, meaning the same kind of minor issue, but brought up by a resident or taxpayer during the meeting.
Notably, a majority vote will no longer allow an agency to act on a late-arising item, such as a contract, settlement, collective bargaining agreement, expenditure, or other significant matter unless the item fits one of the remaining exceptions.
The Act takes effect sixty (60) days after October 22, 2026, or December 21, 2026.
The Act will change how agencies, including municipalities and school districts, handle business that arises after an agenda is posted. Please contact the attorneys at MBM Law with any questions.
Matthew M. Markulin is a member of MBM Law’s Education and Municipal teams where he delivers practical counsel to school districts, municipalities, and public entities on key issues. He serves as trusted Counsel on governance, policy, and day-to-day decision making, providing clear, practical legal guidance.
