Bob Blumenfield
- Democratic
Author
Existing law, the False Claims Act, provides that a person who commits any one of several enumerated acts relating to the submission to the state or a political subdivision of the state a false claim for money, property, or services, as specified, shall be liable to the state or political subdivision for certain damages and may be liable for a civil penalty. Existing law requires the Attorney General and a prosecuting authority of a political subdivision of the state to diligently investigate specific violations of the act. Existing law also authorizes the Attorney General or the prosecuting authority of a political subdivision of the state to intervene in an action filed by a qui tam plaintiff under these provisions. Existing law authorizes a court to award a defendant its reasonable attorney's fees and expenses under certain circumstances that include when the court finds the claim was brought solely for purposes of harassment. This bill would define terms for purposes of these provisions, expand the definition of a claim, and require the imposition of a civil penalty on a person found liable for a violation. This bill would exclude from these provisions specified claims to the Commissioner of Insurance. This bill would require the written consent of the Attorney General or prosecuting authority of a political subdivision, or both, as appropriate under the allegations of the civil action, to dismiss an action filed by a qui tam plaintiff, and would prohibit the waiver or release of specified claims except as part of a settlement of a civil action filed under these provisions. The bill would also modify the statute of limitations to commence on the date of discovery by the Attorney General or prosecuting authority of a political subdivision. This bill would modify when a court is authorized to award a defendant reasonable attorney's fees and expenses to when the court finds the claim was brought primarily, rather than solely, for purposes of harassment. This bill would state that the Attorney General or prosecuting authority of a political subdivision has a duty to investigate specific violations of the act.
Chaptered by Secretary of State - Chapter 277, Statutes of 2009.
Approved by the Governor.
Enrolled and to the Governor at 5 p.m.
Senate amendments concurred in. To enrollment. (Ayes 53. Noes 24. Page 3266.)
In Assembly. Concurrence in Senate amendments pending.
Read third time, passed, and to Assembly. (Ayes 28. Noes 12. Page 2294.)
Read second time. To third reading.
Read third time, amended. To second reading.
Read second time. To third reading.
From committee: Be placed on second reading file pursuant to Senate Rule 28.8.
Read second time, amended, and re-referred to Com. on APPR.
From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 3. Noes 2.) (July 14).
In committee: Hearing postponed by committee.
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.
In committee: Set, first hearing. Hearing canceled at the request of author.
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time, passed, and to Senate. (Ayes 53. Noes 23. Page 1870.)
Read third time, amended, and returned to third reading. (Page 1759.).
Read second time. To third reading.
From committee: Do pass. (Ayes 12. Noes 4.) (May 6).
From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 8. Noes 0.) (April 21).
From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.
In committee: Hearing postponed by committee.
Read first time.
From printer. May be heard in committee March 30.
Introduced. To print.
| Bill Text Versions | Format |
|---|---|
| AB1196 | HTML |
| 02/27/09 - Introduced | |
| 04/15/09 - Amended Assembly | |
| 05/28/09 - Amended Assembly | |
| 06/26/09 - Amended Senate | |
| 07/23/09 - Amended Senate | |
| 09/02/09 - Amended Senate | |
| 09/16/09 - Enrolled | |
| 10/11/09 - Chaptered |
| Document | Format |
|---|---|
| No related documents. |
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