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Penalties - 65 Pa. Cons. Stat. § 1109Legal Research Home > Pennsylvania Statutes Sponsored Links
§ 1109. Penalties.
(a) Restricted activities violation.--Any person who
violates the provisions of section 1103(a), (b) and (c)
(relating to restricted activities) commits a felony and shall,
upon conviction, be sentenced to pay a fine of not more than
$10,000 or to imprisonment for not more than five years, or
both.
(b) Financial interests statement violation.--Any person who
violates the provisions of section 1103(d) through (j), 1104
(relating to statement of financial interests required to be
filed) or 1105(a) (relating to statement of financial interests)
commits a misdemeanor and shall, upon conviction, be sentenced
to pay a fine of not more than $1,000 or to imprisonment for not
more than one year, or both.
(c) Treble damages.--Any person who obtains financial gain
from violating any provision of this chapter, in addition to any
other penalty provided by law, shall pay a sum of money equal to
three times the amount of the financial gain resulting from such
violation into the State Treasury or the treasury of the
political subdivision. Treble damages shall not be assessed
against a person who acted in good faith reliance on the advice
of legal counsel.
(d) Impeachment and disciplinary action.--The penalties
prescribed in this chapter do not limit the power of either
house of the Legislature to discipline its own members or
impeach a public official and do not limit the power of agencies
or commissions to discipline officials or employees.
(e) Other violations of chapter.--Any person who violates
the confidentiality of a commission proceeding pursuant to
section 1108 (relating to investigations by commission) commits
a misdemeanor and shall, upon conviction, be sentenced to pay a
fine of not more than $1,000 or to imprisonment for not more
than one year, or both. Any person who engages in retaliatory
activity proscribed by section 1108(j) commits a misdemeanor
and, in addition to any other penalty provided by law, shall,
upon conviction, be sentenced to pay a fine of not more than
$1,000 or to imprisonment for not more than one year, or both.
Any person who willfully affirms or swears falsely in regard to
any material matter before a commission proceeding pursuant to
section 1108 commits a felony and shall, upon conviction, be
sentenced to pay a fine of not more than $5,000 or to
imprisonment for not more than five years, or both.
(f) Civil penalty.--In addition to any other civil remedy or
criminal penalty provided for in this chapter, the commission
may, after notice has been served in accordance with section
1107(5) (relating to powers and duties of commission) and upon a
majority vote of its members, levy a civil penalty upon any
person subject to this chapter who fails to file a statement of
financial interests in a timely manner or who files a deficient
statement of financial interests, at a rate of not more than $25
for each day such statement remains delinquent or deficient. The
maximum penalty payable under this paragraph is $250.
(g) Reliance on solicitor's opinion.--A public official of a
political subdivision who acts in good faith reliance on a
written, nonconfidential opinion of the solicitor of the
political subdivision or upon an opinion of the solicitor of the
political subdivision, publicly stated at an open meeting of the
political subdivision and recorded in the official minutes of
the meeting, shall not be subject to the penalties provided for
in subsections (a) and (b) nor for the treble damages provided
for in subsection (c). However, this subsection shall not apply
in situations where the solicitor's opinion has been rendered
under duress or where the parties seeking and rendering the
solicitor's opinion have colluded to purposefully commit a
violation of this chapter.
Cross References. Section 1109 is referred to in section
1512 of Title 4 (Amusements).
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Last modified: November 27, 2007 |