PRIOR PRINTER'S NO. 1785                      PRINTER'S NO. 2094

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 1279 Session of 1984


        INTRODUCED BY ROSS, STOUT, ANDREZESKI, HELFRICK, ROMANELLI,
           O'CONNELL AND KELLEY, MARCH 5, 1984

        AS AMENDED ON THIRD CONSIDERATION, JUNE 12, 1984

                                     AN ACT

     1  Prohibiting false reports relating to certain disasters and to    <--
     2     the operation of power generating facilities; and fixing
     3     penalties.
     4  AMENDING TITLE 18 (CRIMES AND OFFENSES) OF THE PENNSYLVANIA       <--
     5     CONSOLIDATED STATUTES, PROVIDING FOR AN OFFENSE RELATING TO
     6     FALSIFICATION.

     7     The General Assembly of the Commonwealth of Pennsylvania
     8  hereby enacts as follows:
     9  Section 1.  Short title.                                          <--
    10     This act shall be known and may be cited as the Public
    11  Utility Misinformation Act.
    12  Section 2.  Definitions.
    13     The following words and phrases when used in this act shall
    14  have the meanings given to them in this section unless the
    15  context clearly indicates otherwise:
    16     "Agency."  A branch office or regional office operated by the
    17  agency.
    18  Section 3.  False reports.
    19     (a)  Emergencies.--An individual commits a felony of the


     1  second degree if the individual knowingly provides false
     2  information to any State agency or political subdivision during
     3  the occurrence of or relating to a disaster as defined in 35
     4  Pa.C.S. Part V (relating to emergency management services).
     5     (b)  Power generating facilities.--An individual commits a
     6  felony of the second degree if the individual knowingly provides
     7  false information to any agency of the Federal or State
     8  government relating to or regarding any aspect of the operation
     9  of a power generating facility which may adversely affect the
    10  health, welfare or safety of the residents of Pennsylvania.
    11     (c)  Operation of facility after false report.--An individual
    12  commits a felony of the second degree if the individual operates
    13  any power generating facility after providing false information
    14  which is prohibited by subsection (a) or (b). For purposes of
    15  this subsection, the time within which an action must be
    16  commenced by a prosecuting authority shall be computed from the
    17  time at which the falsity of the information provided is
    18  discovered.
    19     (d)  Conspiracy.--An individual commits a felony of the third
    20  degree if the individual agrees with another individual or
    21  individuals to engage in any conduct prohibited by subsection
    22  (a), (b) or (c) or agrees to aid, assist or abet another
    23  individual or individuals in planning, attempting or
    24  solicitation to attempt such conduct as prohibited by subsection
    25  (a), (b) or (c).
    26     (e)  Penalties.--
    27         (1)  An individual who is guilty of violating subsection
    28     (a), (b) or (c) shall be sentenced to a fine of not less than
    29     $10,000 or imprisonment of not less than six years, or both.
    30         (2)  An individual who is guilty of violating subsection
    19840S1279B2094                  - 2 -

     1     (d) shall be sentenced to a fine of not less than $5,000 or
     2     imprisonment of not less than two years, or both.
     3     SECTION 1.  TITLE 18 OF THE PENNSYLVANIA CONSOLIDATED          <--
     4  STATUTES IS AMENDED BY ADDING A SECTION TO READ:
     5  § 4904.1.  FALSIFICATION TO COMMONWEALTH AGENCIES AND POLITICAL
     6             SUBDIVISIONS DURING DISASTERS.
     7     (A)   OFFENSE GENERALLY.--AN INDIVIDUAL COMMITS A FELONY OF
     8  THE SECOND DEGREE IF, DURING THE OCCURRENCE OF A DISASTER
     9  EMERGENCY WHICH IS DECLARED BY THE APPROPRIATE AUTHORITY AS
    10  PROVIDED FOR IN 35 PA.C.S. PART V (RELATING TO EMERGENCY
    11  MANAGEMENT SERVICES), THE INDIVIDUAL KNOWINGLY PROVIDES FALSE
    12  INFORMATION RELATED TO THE DISASTER EMERGENCY TO A COMMONWEALTH
    13  AGENCY OR POLITICAL SUBDIVISION.
    14     (B)  OFFENSE RELATING TO POWER GENERATING FACILITIES.--AN
    15  INDIVIDUAL COMMITS A FELONY OF THE SECOND DEGREE IF THE
    16  INDIVIDUAL KNOWINGLY PROVIDES FALSE INFORMATION TO ANY AGENCY OF
    17  THE FEDERAL OR STATE GOVERNMENT RELATING TO OR REGARDING ANY
    18  ASPECT OF THE OPERATION OF A POWER GENERATING FACILITY WHICH MAY
    19  ADVERSELY AFFECT THE HEALTH, WELFARE OR SAFETY OF THE RESIDENTS
    20  OF THIS COMMONWEALTH.
    21     (C)  PENALTY.--AN INDIVIDUAL WHO IS GUILTY OF VIOLATING THE
    22  PROVISIONS OF SUBSECTION (A) OR (B) SHALL BE SENTENCED TO PAY A
    23  FINE OF NOT LESS THAN $10,000 OR TO UNDERGO IMPRISONMENT FOR NOT
    24  LESS THAN SIX YEARS, OR BOTH.
    25  Section 4 2.  Effective date.                                     <--
    26     This act shall take effect in 60 days.



    A23L18RZ/19840S1279B2094         - 3 -