Vote to pass a bill that authorizes an individual to bring a civil action against an individual who submits a false claim to the state.
Highlights:
Authorizes an individual to file a civil lawsuit against an individual who knowingly submits, uses, or benefits from a false or fraudulent “claim” to the state (Ch. 14).
Defines “claim” as any request or demand for money or property that is presented to a representative of the state and is meant to be used to advance a governmental program or interest (Ch. 14).
Establishes a civil penalty of $5,500 to $11,000 and 3 times the amount of damages sustained by the state for an individual who knowingly submits, uses, or benefits from a false claim (Ch. 14).
Authorizes the state to join an independently-filed lawsuit against an individual who knowingly commits fraud against the state by filing a false claim (Ch. 14).
Authorizes the individual who filed the lawsuit to continue to prosecute the case if the state elects to not participate (Ch. 14).
Requires the court to award “reasonable” reimbursement for legal fees to an individual who filed a successful false claim lawsuit, as well as the following portions of the proceeds of the lawsuit (Ch. 14):
Not less than 15% and not more than 25% if the state participated in the lawsuit; or
Not less than 25% and not more than 30% if the state did not participate in the lawsuit.
Establishes the State False Claims Act Fund, to which all remaining funds after the settlement of a false claim lawsuit will be deposited, and which shall be used to fund secondary road maintenance, volunteer fire departments, and Title 19 waivers for senior citizens (Ch. 14).
Authorizes the court to award the defendant in a false claim lawsuit a “reasonable” amount for legal fees if the following conditions are met (Ch. 14):
The defendant won the lawsuit;
The state did not participate in the lawsuit; and
The court finds that the lawsuit was filed for reasons that are “clearly frivolous,” “clearly vexatious,” or “for purposes of harassment.”