Act 56 of 2011 (SB 101) amends the Sunshine Law by revising the penalty provisions for public officials that participate in meetings that violate the Sunshine Law. Under the Sunshine Law an official must have the intent and purpose to violate the Sunshine Law to be subject to the penalty provisions. Act 56, which goes into effect on September 5, 2011, revises the penalty for violations by establishing separate penalty provisions for first time offenses and subsequent offences and setting a range for fines. The existing law limits the penalty for any violator to not exceed a $100 fine plus prosecution costs. Under Act 56, the penalty for a first time offense will continue to include the cost of prosecution but allow for a fine of not less then $100 but not more then $1,000. The penalty imposed for subsequent offenses shall be the cost of prosecution and a fine of not less then $500 but not more then $2,000. Further, Act 56 prohibits the agency from paying the penalty imposed on the agency's official. A full copy of Act 56 is enclosed.

Robert T. McClintock
Voice (610) 430-8000
Fax (610) 692-6210
rmcclintock@lambmcerlane.com