THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY REICHLEY, CALTAGIRONE, CREIGHTON, FLECK, GINGRICH, GODSHALL, GOODMAN, GROVE, HALUSKA, HARHAI, HARHART, HESS, KNOWLES, KOTIK, LONGIETTI, MILLER, MURT, MUSTIO, O'NEILL, PEIFER, SABATINA, STERN, STEVENSON AND VULAKOVICH, APRIL 15, 2010

REFERRED TO COMMITTEE ON STATE GOVERNMENT, APRIL 15, 2010  

AN ACT

Amending Title 65 (Public Officers) of the Pennsylvania

Consolidated Statutes, further providing for penalties.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 1109 of Title 65 (Public Officers) of the

Pennsylvania Consolidated Statutes is amended by adding a

subsection to read:

§ 1109.  Penalties.

* * *

(h)  Attorney fees.--If the court finds that the

investigation conducted by the State Ethics Commission was of a

frivolous nature or was brought with no substantial

justification, the court shall award the prevailing party

reasonable attorney fees and costs of litigation or an

appropriate portion of the fees and costs. If the court

determines that a person willfully or with wanton disregard

violated a provision of this chapter, in whole or in part, the

court shall award the prevailing party reasonable attorney fees

and costs of litigation or an appropriate portion of the fees

and costs.

Section 2.  This act shall take effect in 60 days.