PRINTER'S NO. 1757
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1271
Session of
2024
INTRODUCED BY DUSH, J. WARD, TARTAGLIONE AND MARTIN,
JUNE 24, 2024
REFERRED TO STATE GOVERNMENT, JUNE 24, 2024
AN ACT
Amending Title 15 (Corporations and Unincorporated Associations)
of the Pennsylvania Consolidated Statutes, in entities
generally, providing for the offense of false, deceptive or
misleading names; and imposing a penalty.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 15 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
ยง 210. False, deceptive or misleading names.
(a) Offense defined.--Except as provided in subsection (b),
an entity covered under this title or conducting business or any
other activity permitted by law in this Commonwealth may not, in
the fictitious name or proper name of the entity:
(1) Use, or cause to be used, a word, term, symbol or
device, or any combination thereof, including an electronic
identifier or domain name, that contains false, deceptive or
misleading terminology or is otherwise likely to cause
confusion or mistake or to deceive a person regarding whether
the entity is, or has any affiliation, connection, approval
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or association with, any of the following:
(i) The Commonwealth or a municipality, including an
agency, commission, board or other governmental entity of
the Commonwealth or municipality, or any political
subdivision thereof.
(ii) The activities or official functions of the
Commonwealth or a municipality, including an agency,
commission, board or other governmental entity of the
Commonwealth or municipality, or any political
subdivision thereof.
(2) Mimic or suggest governmental origin or endorsement
by the Commonwealth or a municipality, including an agency,
commission, board or other governmental entity of the
Commonwealth or municipality, or any political subdivision
thereof.
(b) Authorization.--Subsection (a) does not apply to an
entity that is authorized in advance, in writing, by the
Commonwealth or a municipality, including an agency, commission,
board or other governmental entity of the Commonwealth or
municipality, or any political subdivision thereof, to conduct
the activity described under subsection (a) , provided that the
authorization is reported by the authorizing government agency
to the chairperson and minority chairperson of the State
Government Committee of the Senate and the chairperson and
minority chairperson of the State Government Committee of the
House of Representatives, no later than 10 days after becoming
effective .
(c) Penalty.--A person that violates this section, or
conspires to violate this section, commits a felony of the third
degree and, upon conviction, shall be sentenced to pay a fine of
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not more than $15,000 or to undergo a term of imprisonment of
not more than seven years, or both.
(d) Defense.--It shall be a defense to charges brought under
this section if the entity includes a clear, conspicuous and
concise disclaimer in printed or electronic materials published
by or on behalf of the entity, including a website or social or
other electronic media accessible by the public, and the
disclaimer:
(1) C learly states that the entity is not affiliated
with or authorized by the Commonwealth or a municipality,
including an agency, commission, board or other governmental
entity of the Commonwealth or municip ality, or any political
subdivision thereof.
(2) Is prominently placed on each page of the printed or
electronic materials and is capable of being easily seen and
read by users.
(3) Contains lettering that is:
(i) Clear, legible and stands out from the
background.
(ii) Set in bold roman type.
(iii) No smaller than 14-point modern type or, if
the font in the rest of the text is similar in size and
boldness, is at least four points larger than the largest
font on the page.
(e) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Municipality." A county, city, borough, incorporated town
or township.
Section 2. This act shall take effect in 60 days.
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