Article 17.--RELIGIOUS, CHARITABLE AND OTHER ORGANIZATIONS
17-1773.Same; violations of act; civil penalty; disposition of penalties
recovered.
(a) The commission of any act or practice declared to be a violation of
this act shall render the violator liable to the aggrieved contributor, or the
state or a county as provided in subsection (c), for the payment of a civil
penalty, in a sum set by the court of not more than
$10,000 for each
violation. An aggrieved contributor is not a required party in actions
brought by the attorney general or a county or district attorney pursuant to
this act.
(b) Any person who willfully violates the terms of any injunction or
court order issued pursuant to this act shall forfeit and pay a civil
penalty of not more than $20,000 per violation, in
addition to other
penalties that may be imposed by the court, as the court shall deem
necessary and proper. For the purposes of this act, the district court
issuing an injunction shall retain jurisdiction, and in such cases, the
attorney general, acting in the name of the state or the appropriate county
attorney or district attorney may petition for recovery of civil penalties.
(c) In administering and pursuing actions under this act, the attorney
general and the county attorney or district attorney are authorized to sue
for and collect reasonable expenses and investigation fees as determined by
the court. Civil penalties or contempt penalties sued for and recovered by
the attorney general shall be paid into the general fund of the state.
Civil penalties and contempt penalties sued for and recovered by the county
attorney or district attorney shall be paid into the general fund of the
county where the proceedings were instigated.
History: L. 1988, ch. 96, § 15;
L. 2001, ch. 105, § 3; July 1.
Article 17.--RELIGIOUS, CHARITABLE AND OTHER ORGANIZATIONS
17-1773.Same; violations of act; civil penalty; disposition of penalties
recovered.
(a) The commission of any act or practice declared to be a violation of
this act shall render the violator liable to the aggrieved contributor, or the
state or a county as provided in subsection (c), for the payment of a civil
penalty, in a sum set by the court of not more than
$10,000 for each
violation. An aggrieved contributor is not a required party in actions
brought by the attorney general or a county or district attorney pursuant to
this act.
(b) Any person who willfully violates the terms of any injunction or
court order issued pursuant to this act shall forfeit and pay a civil
penalty of not more than $20,000 per violation, in
addition to other
penalties that may be imposed by the court, as the court shall deem
necessary and proper. For the purposes of this act, the district court
issuing an injunction shall retain jurisdiction, and in such cases, the
attorney general, acting in the name of the state or the appropriate county
attorney or district attorney may petition for recovery of civil penalties.
(c) In administering and pursuing actions under this act, the attorney
general and the county attorney or district attorney are authorized to sue
for and collect reasonable expenses and investigation fees as determined by
the court. Civil penalties or contempt penalties sued for and recovered by
the attorney general shall be paid into the general fund of the state.
Civil penalties and contempt penalties sued for and recovered by the county
attorney or district attorney shall be paid into the general fund of the
county where the proceedings were instigated.
History: L. 1988, ch. 96, § 15;
L. 2001, ch. 105, § 3; July 1.
Article 17.--RELIGIOUS, CHARITABLE AND OTHER ORGANIZATIONS
17-1773.Same; violations of act; civil penalty; disposition of penalties
recovered.
(a) The commission of any act or practice declared to be a violation of
this act shall render the violator liable to the aggrieved contributor, or the
state or a county as provided in subsection (c), for the payment of a civil
penalty, in a sum set by the court of not more than
$10,000 for each
violation. An aggrieved contributor is not a required party in actions
brought by the attorney general or a county or district attorney pursuant to
this act.
(b) Any person who willfully violates the terms of any injunction or
court order issued pursuant to this act shall forfeit and pay a civil
penalty of not more than $20,000 per violation, in
addition to other
penalties that may be imposed by the court, as the court shall deem
necessary and proper. For the purposes of this act, the district court
issuing an injunction shall retain jurisdiction, and in such cases, the
attorney general, acting in the name of the state or the appropriate county
attorney or district attorney may petition for recovery of civil penalties.
(c) In administering and pursuing actions under this act, the attorney
general and the county attorney or district attorney are authorized to sue
for and collect reasonable expenses and investigation fees as determined by
the court. Civil penalties or contempt penalties sued for and recovered by
the attorney general shall be paid into the general fund of the state.
Civil penalties and contempt penalties sued for and recovered by the county
attorney or district attorney shall be paid into the general fund of the
county where the proceedings were instigated.
History: L. 1988, ch. 96, § 15;
L. 2001, ch. 105, § 3; July 1.
