SENATE AMENDED PRIOR PRINTER'S NOS. 977, 1174 PRINTER'S NO. 4638
No. 854 Session of 2005
INTRODUCED BY RUBLEY, NICKOL, ARGALL, BELARDI, CALTAGIRONE, CLYMER, CRAHALLA, FRANKEL, GEIST, GEORGE, GOODMAN, HENNESSEY, HERSHEY, M. KELLER, MANN, R. MILLER, MUSTIO, NAILOR, ROSS, SCHRODER, E. Z. TAYLOR, TIGUE, TRUE, WALKO, WANSACZ, WATSON, BOYD, HABAY, KILLION, YOUNGBLOOD, MILLARD, HARPER, BROWNE AND THOMAS, MARCH 14, 2005
SENATOR LEMMOND, STATE GOVERNMENT, IN SENATE, AS AMENDED, SEPTEMBER 26, 2006
AN ACT 1 Prohibiting the release of certain records by government 2 agencies; and imposing penalties. 3 The General Assembly of the Commonwealth of Pennsylvania 4 hereby enacts as follows: 5 Section 1. Short title. <-- 6 This act shall be known and may be cited as the Terrorism 7 Infrastructure Disclosure Protection Act. 8 Section 2. Definitions. 9 The following words and phrases when used in this act shall 10 have the meanings given to them in this section unless the 11 context clearly indicates otherwise: 12 "Agency." Any house, office, department, board or commission 13 of the executive or legislative departments of the Commonwealth, 14 any political subdivision of this Commonwealth, the Pennsylvania 15 Turnpike Commission, the State System of Higher Education or any
1 State or municipal authority or similar organization created by 2 or pursuant to a statute which declares in substance that such 3 organization performs or has for its purpose the performance of 4 an essential governmental function. 5 "Dangerous to human life or property." A violent act or an 6 act which is intended to or likely to cause death, serious 7 bodily injury or mass destruction. 8 "Mass destruction." An act which is intended to or likely to 9 destroy or cause serious damage to transportation-related 10 infrastructure or facilities, energy-related infrastructure or 11 facilities, public or private buildings, places of public 12 accommodation or public works under circumstances evincing 13 depraved indifference to human life or property. 14 "Public utility." An entity owned by a person, municipality 15 or municipal authority which provides, distributes, purifies, 16 generates or refines water, electricity, natural gas or home 17 heating oil or which removes, purifies or stores wastewater or 18 storm water. The term shall include, but not be limited to, 19 electric power generation facility. 20 "Record." A document maintained by an agency in any form. 21 The term includes all of the following: 22 (1) A vulnerability assessment which is submitted to the 23 Environmental Protection Agency or any other Federal, State 24 or local agency. 25 (2) An emergency response plan which is submitted to the 26 Department of Environmental Protection, the Pennsylvania 27 Public Utility Commission or any other Federal, State or 28 local agency. 29 (3) A plan, map or other drawing which shows the 30 location of community drinking water wells and surface water 20050H0854B4638 - 2 -
1 intakes. 2 (4) A security plan, security procedure or risk 3 assessment prepared specifically for the purpose of 4 preventing or for protection against sabotage or criminal or 5 terrorist acts and which depend, whether in whole or in part, 6 upon a lack of general public knowledge of its details for 7 their effectiveness. 8 (5) A document, including financial statements, which 9 relates to the existence, nature, location or function of a 10 security device designed to protect against sabotage or 11 criminal or terrorist acts and which devices depend, whether 12 in whole or in part, upon a lack of general public knowledge 13 of its details for their effectiveness. 14 (6) A document, including any blueprint, map, schematic 15 drawing, photograph or other material, which relates to the 16 location or structural design of critical systems such as 17 structural support, communications, electrical systems, 18 ventilation, distribution, wastewater treatment or storage 19 which if made public could compromise security against 20 sabotage or criminal or terrorist acts. 21 "Terrorist act." Any act or acts constituting a violent 22 offense intended to: 23 (1) intimidate or coerce a civilian population; 24 (2) influence the policy of a government by intimidation 25 or coercion; or 26 (3) affect the conduct of a government. 27 "Violent offense." An offense under 18 Pa.C.S. Part II 28 (relating to definition of specific offenses), including an 29 attempt, conspiracy or solicitation to commit any such offense, 30 which is punishable by imprisonment of more than one year and 20050H0854B4638 - 3 -
1 involves an act dangerous to human life or property. 2 Section 3. Prohibition. 3 An agency shall not release, publish or otherwise disclose a 4 record which would do any of the following: 5 (1) Endanger public safety or property. 6 (2) Endanger a person's security or property. 7 (3) Disclose or compromise the protection of a public 8 utility. 9 Section 4. Penalties. 10 A public official or public employee who violates this act 11 with the intent and purpose of violating this act commits a 12 misdemeanor of the second degree subject to prosecution by the 13 Attorney General and shall, upon conviction, be sentenced to pay 14 a fine of not more than $5,000 plus costs of prosecution and to 15 a term of imprisonment not to exceed two years. 16 Section 5. Repeal. 17 All acts and parts of acts are repealed insofar as they are 18 inconsistent with this act. 19 Section 6. Effective date. 20 This act shall take effect in 60 days. 21 SECTION 1. SHORT TITLE. <-- 22 THIS ACT SHALL BE KNOWN AND MAY BE CITED AS THE PUBLIC 23 UTILITY CONFIDENTIAL SECURITY INFORMATION DISCLOSURE PROTECTION 24 ACT. 25 SECTION 2. DEFINITIONS. 26 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ACT SHALL 27 HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE 28 CONTEXT CLEARLY INDICATES OTHERWISE: 29 "AGENCY." ANY HOUSE, OFFICE, DEPARTMENT, BOARD OR COMMISSION 30 OF THE EXECUTIVE DEPARTMENTS OF THE COMMONWEALTH, ANY POLITICAL 20050H0854B4638 - 4 -
1 SUBDIVISION OF THE COMMONWEALTH, THE PENNSYLVANIA TURNPIKE 2 COMMISSION, THE STATE SYSTEM OF HIGHER EDUCATION OR ANY STATE OR 3 MUNICIPAL AUTHORITY OR SIMILAR ORGANIZATION CREATED BY OR 4 PURSUANT TO A STATUTE WHICH DECLARES IN SUBSTANCE THAT SUCH 5 ORGANIZATION PERFORMS OR HAS FOR ITS PURPOSE THE PERFORMANCE OF 6 AN ESSENTIAL GOVERNMENTAL FUNCTION. 7 "CONFIDENTIAL SECURITY INFORMATION." A RECORD OR PORTIONS 8 THEREOF MAINTAINED BY AN AGENCY IN ANY FORM. THE TERM SHALL 9 INCLUDE, BUT NOT BE LIMITED TO, ALL OF THE FOLLOWING: 10 (1) A VULNERABILITY ASSESSMENT WHICH IS SUBMITTED TO THE 11 ENVIRONMENTAL PROTECTION AGENCY OR ANY OTHER FEDERAL, STATE 12 OR LOCAL AGENCY. 13 (2) PORTIONS OF EMERGENCY RESPONSE PLANS THAT ARE 14 SUBMITTED TO THE DEPARTMENT OF ENVIRONMENTAL PROTECTION, THE 15 PENNSYLVANIA PUBLIC UTILITY COMMISSION OR ANY OTHER FEDERAL, 16 STATE OR LOCAL AGENCY DEALING WITH RESPONSE PROCEDURES OR 17 PLANS PREPARED TO PREVENT OR RESPOND TO EMERGENCY SITUATIONS, 18 THE DISCLOSURE OF WHICH WOULD REVEAL VULNERABILITY 19 ASSESSMENTS, SPECIFIC TACTICS, SPECIFIC EMERGENCY PROCEDURES 20 OR SPECIFIC SECURITY PROCEDURES. NOTHING IN THIS TERM SHALL 21 BE CONSTRUED TO RELIEVE A PUBLIC UTILITY FROM ITS PUBLIC 22 NOTIFICATION OBLIGATIONS FOR IMMINENT THREAT VIOLATIONS AND 23 SITUATIONS IN ACCORDANCE WITH OTHER APPLICABLE FEDERAL AND 24 STATE LAWS. 25 (3) A PLAN, MAP OR OTHER DRAWING OR DATA WHICH SHOWS THE 26 LOCATION OR REVEALS LOCATION DATA ON COMMUNITY DRINKING WATER 27 WELLS AND SURFACE WATER INTAKES. 28 (4) A SECURITY PLAN, SECURITY PROCEDURE OR RISK 29 ASSESSMENT PREPARED SPECIFICALLY FOR THE PURPOSE OF 30 PREVENTING OR FOR PROTECTION AGAINST SABOTAGE OR CRIMINAL OR 20050H0854B4638 - 5 -
1 TERRORIST ACTS. 2 (5) SPECIFIC INFORMATION, INCLUDING PORTIONS OF 3 FINANCIAL STATEMENTS, ABOUT SECURITY DEVICES OR PERSONNEL, 4 DESIGNED TO PROTECT AGAINST SABOTAGE OR CRIMINAL OR TERRORIST 5 ACTS. 6 "DANGEROUS TO HUMAN LIFE OR PROPERTY." A VIOLENT ACT OR AN 7 ACT WHICH IS INTENDED TO OR LIKELY TO CAUSE DEATH, SERIOUS 8 BODILY INJURY OR MASS DESTRUCTION. 9 "FACILITIES." ALL THE PLANT AND EQUIPMENT OF A PUBLIC 10 UTILITY, INCLUDING ALL TANGIBLE AND INTANGIBLE REAL AND PERSONAL 11 PROPERTY WITHOUT LIMITATION, AND ANY AND ALL MEANS AND 12 INSTRUMENTALITIES IN ANY MANNER OWNED, OPERATED, LEASED, 13 LICENSED, USED, CONTROLLED, FURNISHED OR SUPPLIED FOR, BY OR IN 14 CONNECTION WITH THE BUSINESS OF ANY PUBLIC UTILITY. THE TERM 15 SHALL ALSO INCLUDE ELECTRIC POWER GENERATION. 16 "MASS DESTRUCTION." AN ACT WHICH IS INTENDED TO OR LIKELY TO 17 DESTROY OR CAUSE SERIOUS DAMAGE TO FACILITIES, PUBLIC OR PRIVATE 18 BUILDINGS, PLACES OF PUBLIC ACCOMMODATION OR PUBLIC WORKS UNDER 19 CIRCUMSTANCES EVINCING DEPRAVED INDIFFERENCE TO HUMAN LIFE OR 20 PROPERTY. 21 "PUBLIC UTILITY." ANY PERSON, CORPORATION, MUNICIPALITY OR 22 MUNICIPAL AUTHORITY NOW OR HEREAFTER OWNING OR OPERATING IN THIS 23 COMMONWEALTH EQUIPMENT OR FACILITIES FOR: 24 (I) PRODUCING, GENERATING, TRANSMITTING, 25 DISTRIBUTING OR FURNISHING NATURAL OR ARTIFICIAL GAS, 26 ELECTRICITY OR STEAM FOR THE PRODUCTION OF LIGHT, HEAT OR 27 POWER TO THE PUBLIC FOR COMPENSATION. THE TERM SHALL ALSO 28 INCLUDE ELECTRIC POWER GENERATION. 29 (II) DIVERTING, DEVELOPING, PUMPING, IMPOUNDING, 30 DISTRIBUTING OR FURNISHING WATER TO OR FOR THE PUBLIC FOR 20050H0854B4638 - 6 -
1 COMPENSATION. 2 (III) USING A CANAL, TURNPIKE, TUNNEL, BRIDGE, WHARF 3 AND THE LIKE FOR THE PUBLIC FOR COMPENSATION. 4 (IV) TRANSPORTING OR CONVEYING NATURAL OR ARTIFICIAL 5 GAS, CRUDE OIL, GASOLINE OR PETROLEUM PRODUCTS, MATERIALS 6 FOR REFRIGERATION OR OXYGEN OR NITROGEN OR OTHER FLUID 7 SUBSTANCE, BY PIPELINE OR CONDUIT, FOR THE PUBLIC FOR 8 COMPENSATION. 9 (V) CONVEYING OR TRANSMITTING MESSAGES OR 10 COMMUNICATIONS BY TELEPHONE OR TELEGRAPH OR DOMESTIC 11 PUBLIC LAND MOBILE RADIO SERVICE, INCLUDING, BUT NOT 12 LIMITED TO, POINT-TO-POINT MICROWAVE RADIO SERVICE FOR 13 THE PUBLIC FOR COMPENSATION. 14 (VI) COLLECTING, TREATING OR DISPOSING SEWAGE FOR 15 THE PUBLIC FOR COMPENSATION. 16 (VII) TRANSPORTING PASSENGERS OR PROPERTY AS A 17 COMMON CARRIER. 18 "TERRORIST ACT." ANY ACT OR ACTS CONSTITUTING A VIOLENT 19 OFFENSE INTENDED TO: 20 (I) INTIMIDATE OR COERCE A CIVILIAN POPULATION; 21 (II) INFLUENCE THE POLICY OF A GOVERNMENT BY 22 INTIMIDATION OR COERCION; OR 23 (III) AFFECT THE CONDUCT OF A GOVERNMENT. 24 "VIOLENT OFFENSE." AN OFFENSE UNDER 18 PA.C.S. PT. II 25 (RELATING TO DEFINITION OF SPECIFIC OFFENSES), INCLUDING AN 26 ATTEMPT, CONSPIRACY OR SOLICITATION TO COMMIT ANY SUCH OFFENSE, 27 WHICH IS PUNISHABLE BY IMPRISONMENT OF MORE THAN ONE YEAR AND 28 INVOLVES AN ACT DANGEROUS TO HUMAN LIFE OR PROPERTY. 29 SECTION 3. PROCEDURES FOR SUBMITTING, CHALLENGING AND 30 PROTECTING CONFIDENTIAL SECURITY INFORMATION. 20050H0854B4638 - 7 -
1 (A) GENERAL RULE.--THE PUBLIC UTILITY IS RESPONSIBLE FOR 2 DETERMINING WHETHER A RECORD OR PORTIONS THEREOF SHOULD BE 3 DEEMED CONFIDENTIAL SECURITY INFORMATION. WHEN A PUBLIC UTILITY 4 IDENTIFIES CONFIDENTIAL SECURITY INFORMATION, IT MUST CLEARLY 5 STATE IN ITS TRANSMITTAL LETTER, UPON SUBMISSION TO AN AGENCY, 6 THAT THE FILING CONTAINS CONFIDENTIAL SECURITY INFORMATION AND 7 EXPLAIN WHY THE INFORMATION SHOULD BE TREATED AS SUCH. 8 (B) SUBMISSION OF CONFIDENTIAL SECURITY INFORMATION.--AN 9 AGENCY SHALL DEVELOP FILING PROTOCOLS AND PROCEDURES FOR PUBLIC 10 UTILITIES TO FOLLOW WHEN SUBMITTING RECORDS, INCLUDING PROTOCOLS 11 AND PROCEDURES FOR FILING CONFIDENTIAL SECURITY INFORMATION. 12 SUCH PROTOCOLS AND PROCEDURES SHALL INSTRUCT PUBLIC UTILITIES 13 WHO SUBMIT RECORDS TO AN AGENCY TO SEPARATE THEIR INFORMATION 14 INTO AT LEAST TWO CATEGORIES: 15 (1) PUBLIC.--RECORDS OR PORTIONS THEREOF SUBJECT TO THE 16 PROVISIONS OF THE ACT OF JUNE 21, 1957 (P.L.390, NO.212), 17 REFERRED TO AS THE RIGHT-TO-KNOW LAW. 18 (2) CONFIDENTIAL.--RECORDS OR PORTIONS THEREOF REQUESTED 19 TO BE TREATED AS CONFIDENTIAL SECURITY INFORMATION AND NOT 20 SUBJECT TO THE RIGHT-TO-KNOW LAW. 21 (C) CHALLENGES TO THE DESIGNATION OF CONFIDENTIAL SECURITY 22 INFORMATION.--CHALLENGES TO A PUBLIC UTILITY'S DESIGNATION OR 23 REQUEST TO EXAMINE CONFIDENTIAL SECURITY INFORMATION BY A MEMBER 24 OF THE PUBLIC SHALL BE MADE IN WRITING TO THE AGENCY IN WHICH 25 THE RECORD OR PORTIONS THEREOF WERE ORIGINALLY FILED. THE AGENCY 26 SHALL DEVELOP PROTOCOLS AND PROCEDURES TO ADDRESS CHALLENGES TO 27 THE DESIGNATIONS OR REQUESTS TO EXAMINE CONFIDENTIAL SECURITY 28 INFORMATION. SUCH PROTOCOLS AND PROCEDURES SHALL INCLUDE: 29 (1) WRITTEN NOTIFICATION TO THE PUBLIC UTILITY BY THE 30 AGENCY OF THE REQUEST TO EXAMINE CONFIDENTIAL SECURITY 20050H0854B4638 - 8 -
1 INFORMATION OR CHALLENGE OF ITS DESIGNATION. 2 (2) AN OPPORTUNITY FOR AGENCY REVIEW OF THE PUBLIC 3 UTILITY'S DESIGNATION. 4 (3) DURING THE REVIEW OR ANY APPEAL OF THE AGENCY'S 5 DECISION, THE AGENCY SHALL CONTINUE TO HONOR THE CONFIDENTIAL 6 SECURITY INFORMATION DESIGNATION BY THE PUBLIC UTILITY. 7 (4) AGENCY REVIEW OF THE PUBLIC UTILITY'S DESIGNATION OR 8 REQUEST TO EXAMINE CONFIDENTIAL SECURITY INFORMATION SHALL BE 9 BASED ON CONSISTENCY WITH THE DEFINITION OF CONFIDENTIAL 10 SECURITY INFORMATION CONTAINED IN THIS ACT OR WHEN THERE ARE 11 REASONABLE GROUNDS TO BELIEVE DISCLOSURE MAY RESULT IN A 12 SAFETY RISK, INCLUDING THE RISK OF HARM TO ANY PERSON, OR 13 MASS DESTRUCTION. 14 (5) WRITTEN NOTIFICATION OF THE AGENCY'S DECISION ON 15 CONFIDENTIALITY TO THE PUBLIC UTILITY AND MEMBER OF THE 16 PUBLIC THAT REQUESTED TO EXAMINE THE CONFIDENTIAL SECURITY 17 INFORMATION OR CHALLENGED THE DESIGNATION MADE BY THE PUBLIC 18 UTILITY. 19 (6) FOLLOWING WRITTEN NOTIFICATION BY THE AGENCY OF ITS 20 DECISION ON CONFIDENTIALITY, A PUBLIC UTILITY SHALL BE GIVEN 21 30 DAYS TO FILE AN APPEAL IN COMMONWEALTH COURT. 22 (D) PROTECTING CONFIDENTIAL SECURITY INFORMATION.--AN AGENCY 23 SHALL DEVELOP SUCH PROTOCOLS AS MAY BE NECESSARY TO PROTECT 24 PUBLIC UTILITY RECORDS OR PORTIONS THEREOF THAT CONTAIN 25 CONFIDENTIAL SECURITY INFORMATION, IN ACCORDANCE WITH THE 26 PROVISIONS OF THIS ACT, FROM PROHIBITED DISCLOSURE UNDER SECTION 27 5. SUCH PROTOCOLS SHALL ENSURE THAT: 28 (1) EACH COPY OF A RECORD OR PORTION THEREOF CONTAINING 29 CONFIDENTIAL SECURITY INFORMATION IS CLEARLY MARKED AS 30 CONFIDENTIAL AND NOT SUBJECT TO THE PROVISIONS OF THE RIGHT- 20050H0854B4638 - 9 -
1 TO-KNOW LAW. 2 (2) EACH COPY OF A RECORD OR PORTION THEREOF CONTAINING 3 CONFIDENTIAL SECURITY INFORMATION IS KEPT ON SITE IN A SECURE 4 LOCATION, SEPARATE FROM THE GENERAL RECORDS RELATING TO THE 5 PUBLIC UTILITY, WHERE IT IS AVAILABLE FOR INSPECTION BY 6 AUTHORIZED INDIVIDUALS. 7 (3) ONLY AUTHORIZED INDIVIDUALS, AS DESIGNATED BY THE 8 AGENCY, MAY HAVE ACCESS TO RECORDS OR COPIES THEREOF 9 CONTAINING CONFIDENTIAL SECURITY INFORMATION. 10 (4) AUTHORIZED INDIVIDUALS, AS DESIGNATED BY THE AGENCY, 11 SHALL UNDERGO TRAINING AND SIGN AN ACCESS AGREEMENT WHICH 12 SUMMARIZES RESPONSIBILITIES AND PERSONAL LIABILITIES IF 13 CONFIDENTIAL SECURITY INFORMATION IS KNOWINGLY OR RECKLESSLY 14 RELEASED, PUBLISHED OR OTHERWISE DISCLOSED. 15 (5) A DOCUMENT TRACKING SYSTEM IS ESTABLISHED TO ALLOW 16 FOR RECORDS OR COPIES THEREOF CONTAINING CONFIDENTIAL 17 SECURITY INFORMATION TO BE TRACEABLE AT ALL TIMES TO A SINGLE 18 PERSON. 19 SECTION 4. APPLICABILITY TO OTHER LAW. 20 PUBLIC UTILITY RECORDS OR PORTIONS THEREOF WHICH CONTAIN 21 CONFIDENTIAL SECURITY INFORMATION, IN ACCORDANCE WITH THE 22 PROVISIONS OF THIS ACT, SHALL NOT BE SUBJECT TO THE PROVISIONS 23 OF THE ACT OF JUNE 21, 1957 (P.L.390, NO.212), REFERRED TO AS 24 THE RIGHT-TO-KNOW LAW. 25 SECTION 5. PROHIBITION. 26 (A) GENERAL RULE.--AN AGENCY SHALL NOT RELEASE, PUBLISH OR 27 OTHERWISE DISCLOSE A PUBLIC UTILITY RECORD OR PORTION THEREOF 28 WHICH CONTAINS CONFIDENTIAL SECURITY INFORMATION, IN ACCORDANCE 29 WITH THE PROVISIONS OF THIS ACT. 30 (B) EXCEPTION.--NOTWITHSTANDING SUBSECTION (A), AN AGENCY 20050H0854B4638 - 10 -
1 MAY, AFTER NOTIFICATION AND CONSULTATION WITH THE PUBLIC 2 UTILITY, DISCLOSE A PUBLIC UTILITY RECORD OR PORTION THEREOF 3 WHICH CONTAINS CONFIDENTIAL SECURITY INFORMATION, IN ACCORDANCE 4 WITH THE PROVISIONS OF THIS ACT, THAT IS NECESSARY FOR 5 CONSTRUCTION, RENOVATION OR REMODELING WORK ON ANY PUBLIC 6 BUILDING OR PROJECT. RELEASE OR DISCLOSURE OF SUCH RECORDS OR 7 PORTIONS THEREOF FOR THESE PURPOSES DOES NOT CONSTITUTE 8 PROHIBITED DISCLOSURE UNDER SUBSECTION (A) AND DOES NOT RESULT 9 IN SUCH RECORDS OR PORTIONS THEREOF BECOMING PUBLIC RECORDS 10 SUBJECT TO THE PROVISIONS OF THE ACT OF JUNE 21, 1957 (P.L.390, 11 NO.212), REFERRED TO AS THE RIGHT-TO-KNOW LAW. 12 SECTION 6. PENALTIES. 13 A PUBLIC OFFICIAL OR PUBLIC EMPLOYEE WHO ACQUIRES A PUBLIC 14 UTILITY RECORD OR PORTIONS THEREOF WHICH CONTAIN CONFIDENTIAL 15 SECURITY INFORMATION, IN ACCORDANCE WITH THE PROVISIONS OF THIS 16 ACT, OR ANY REPRODUCTION OF A PUBLIC UTILITY RECORD OR PORTION 17 THEREOF WHICH CONTAINS CONFIDENTIAL SECURITY INFORMATION, IN 18 ACCORDANCE WITH THE PROVISIONS OF THIS ACT, AND WHO KNOWINGLY OR 19 RECKLESSLY RELEASES, PUBLISHES OR OTHERWISE DISCLOSES A PUBLIC 20 UTILITY RECORD OR PORTION THEREOF WHICH CONTAINS CONFIDENTIAL 21 SECURITY INFORMATION, IN ACCORDANCE WITH THE PROVISIONS OF THIS 22 ACT, OR ANY REPRODUCTION OF A PUBLIC UTILITY RECORD OR PORTION 23 THEREOF WHICH CONTAINS CONFIDENTIAL SECURITY INFORMATION, IN 24 ACCORDANCE WITH THE PROVISIONS OF THIS ACT, COMMITS A 25 MISDEMEANOR OF THE SECOND DEGREE SUBJECT TO PROSECUTION BY THE 26 ATTORNEY GENERAL AND SHALL, UPON CONVICTION, BE SENTENCED TO PAY 27 A FINE OF NOT MORE THAN $5,000 PLUS COSTS OF PROSECUTION OR TO A 28 TERM OF IMPRISONMENT NOT TO EXCEED ONE YEAR, OR BOTH, AND SHALL 29 BE REMOVED FROM OFFICE OR AGENCY EMPLOYMENT. 30 SECTION 7. EFFECTIVE DATE. 20050H0854B4638 - 11 -
1 THIS ACT SHALL TAKE EFFECT IN 180 DAYS. C8L35JLW/20050H0854B4638 - 12 -