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Bill to increase penalties for violation of Sunshine Law passes House

HARRISBURG, March 16 – The Pennsylvania House of Representatives has passed legislation sponsored by Rep. Babette Josephs that would strengthen the state's Sunshine Law.

The bill would increase the penalties for violation and also would prohibit agencies from paying the fines on behalf of an individual who violates the law.

"This is one way we, as state legislators, can help keep government accessible, open and accountable to the public," Josephs said. "The increased penalties would put more teeth into the law and discourage its violation."

Josephs' bill (H.B. 1324) would increase the penalty for intentional violations from $100 to $1,000 plus the cost of prosecution for a first offense. A second or subsequent offense would incur a fine of up to $2,000 plus the cost of prosecution under the bill. Since agencies would be prohibited from paying the fine on behalf of or reimbursing a member of their agency, the violators would be held financially responsible rather than the taxpayers, Josephs noted.

As amended by the House, the bill also would:

prohibit any government agency from holding a meeting on an election day, other than a county board of elections, unless an emergency necessitates such a meeting to occur;
permit executive sessions to be held for the review and discussion of information related to safety and security; and
allow the Pennsylvania Gaming Control Board to hold an executive session only to review license applicant character or background information if the information is protected by law, judicial order or privilege.

The Sunshine Law was created to ensure citizens have notice of and the right to attend all meetings of agencies where policy is formed and decisions are made.

The bill now goes to the Senate for concurrence.

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