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department under section 3604 (relating to prohibition). The
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company shall provide a certification form to the department
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prior to entering into a contract WHEN REGISTERING TO DO
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BUSINESS AS A VENDOR WITH THE COMMONWEALTH.
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ยง 3606.
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(a)
Penalties for false certification.
Penalties.--A company shall pay a civil penalty in the
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amount of $250,000 or twice the amount of the contract,
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whichever is greater, if the department determines that the
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company provided a false certification form to the department
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under section 3604 (relating to prohibition).
(b)
Report of false certification.--The department shall
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report to the Attorney General the name of the company that
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submitted the false certification and the pertinent information
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that led to the department's determination. No later than three
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years after the department makes a determination under
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subsection (a), the Attorney General shall determine whether to
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bring a civil action against the company to collect the penalty
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described in subsection (a). If a court determines the company
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submitted a false certification, the company shall pay all
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reasonable costs and fees incurred in the civil action.
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Reasonable costs shall include the reasonable costs incurred by
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the Commonwealth entity in investigating the authenticity of the
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certification. Only one civil action against the company may be
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brought for a false certification on a contract.
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(c)
No private right of action.--Nothing in this section may
be construed to create or authorize a private right of action.
SECTION 4.
PARAGRAPHS (4) AND (13) OF THE DEFINITION OF
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"ENERGY CONSERVATION MEASURE" IN SECTION 3752 OF TITLE 62 ARE
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AMENDED AND THE SECTION IS AMENDED BY ADDING DEFINITIONS TO
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READ:
20160HB2107PN4118
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