Senate OKs Stiffer Penalties For Sunshine Law Violations

Committees review UCC, approve government reforms

Harrisburg - Good government bills were a hot topic in Harrisburg during the Session Week of May 7, according to Senator Bob Robbins.

"This week the Senate acted on Senate Bill 467, an important bill which would increase the penalties for violations of the Sunshine Law," Senator Robbins said. "Government, at all levels, must be open to public scrutiny if it is to be effective, ethical and in the best interest of the constituents it serves."

Pennsylvania's Open Meetings Law, commonly known as the "Sunshine Law" is one of the pillars of good government, guaranteeing the public the right to attend and participate in government meetings.

Some notorious violations in different parts of the state proved that stronger enforcement provisions are needed to make the law more effective and bring more decision making out of the shadows.

Currently, a violation of the law is subject to a maximum fine of $100. Under SB 467, the fine would be up to $1,000 for a first offense and up to $2,000 for subsequent offenses. The bill also prohibits taxpayer money from being used to pay these fines.

Committee Roundup

The Senate State Government Committee reported out four government reform bills on Tuesday:

Senate Bill 69 would create a five-person Legislative Reapportionment Commission that would meet after every federal Census.

Senate Bill 248 is a Constitutional Amendment to reduce the size of the Senate from 50 to 40 members and the House from 203 to 161.

Senate Bill 468 is a Constitutional Amendment to abolish ''lame duck'' legislative sessions after November elections.

Senate Bill 822 is a Constitutional Amendment to change the process for replacing a lieutenant governor who assumes the governorship. It would allow the new Governor to nominate a lieutenant governor, subject to Senate confirmation. A Legislator nominated to the post would have to resign from the Legislature.

Speaking at a joint hearing by the Senate Local Government Committee and Senate Labor and Industry Committee on Tuesday, state officials and construction industry experts said Pennsylvania's Uniform Construction Code (UCC) is in need of repairs.

Senator John R. Gordner, (R-27), Chairman of the Labor and Industry Committee, said the hearing focused on specific areas of concern about the UCC, particularly: uniformity of enforcement; fees; third party inspections; the impact on property owners; and the creation of a UCC review panel.

Department of Labor and Industry Secretary Stephen M. Schmerin agreed that the UCC needs revisions. "When you have flaws in a building, you know you have to go back correct the problem and make it right. The same goes for our current building code – the UCC. With some careful thought and collaboration, we have the opportunity to correct its problems and hopefully make it right for everyone involved. Until we are able to do this, however, the Uniform Construction Code will be uniform in name only."

David Leinbach, testifying on behalf of the Pennsylvania Chapter of the Associated Builders & Contractors (ABC), said the UCC has not achieved its goal of bringing "order to the chaos" of over 2,500 Commonwealth municipalities, their differing standards, and unique administrative and enforcement philosophies.

The Pennsylvania Builders Association and the Pennsylvania Association of Building Code Officials both support an amendment to the Uniform Construction Code Act to create a technical review committee composed of experts in the various sectors of the construction industry.

Contact:

Michael Hengst (717) 787-1322