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MN HF2233

Bill

Status

Introduced

2/13/2012

Primary Sponsor

Steve Simon

Click for details

Origin

House of Representatives

87th Legislature 2011-2012

AI Summary

  • Expands the definition of "claim" to include money or property requests made to contractors, grantees, or other recipients when the state or political subdivision provides funding or will reimburse them, and excludes compensation for employment or unrestricted income subsidies.

  • Adds new definitions for "material" (having natural tendency to influence payment or receipt of money/property), "obligation" (established duty from contracts, statutes, or retained overpayments), and revises "original source" to require either voluntary prior disclosure or independent knowledge that materially adds to publicly disclosed information.

  • Modifies false claims liability provisions to include a "material" requirement and changes conspiracy language; allows reduced damages (2x instead of 3x) when violators self-report within 30 days, fully cooperate, and no prosecution has been commenced.

  • Eliminates the "public disclosure bar" that previously prevented private actions based on publicly disclosed information, replacing it with a mandatory dismissal rule unless the prosecuting attorney opposes it or the plaintiff is an original source.

  • Adds new whistleblower protection section (15C.145) providing reinstatement, double back pay, interest, and attorney fees for employees, contractors, or agents retaliated against for reporting violations.

  • Changes attorney fee awards from discretionary ("may authorize") to mandatory ("shall award") for prevailing parties and modifies private plaintiff recovery percentages based on prosecuting attorney intervention timing and plaintiff contribution.

Legislative Description

False claims provisions modified.

Last Action

Author added Hortman

3/12/2012

Committee Referrals

Civil Law2/13/2012

Full Bill Text

No bill text available