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MS HB439
Bill
Status
2/2/2010
Primary Sponsor
Sherra Hillman Lane
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AI Summary
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Creates the Mississippi False Claims Act establishing liability for knowingly presenting false or fraudulent claims for state money or property, with treble damages, civil penalties of $5,500 to $11,000 per violation, and costs of civil action.
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Authorizes the Attorney General to investigate violations and bring civil actions; allows private citizens to sue as "qui tam plaintiffs" on behalf of the state with complaints filed under seal for at least 60 days before service on defendant.
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Provides qui tam plaintiffs with 15-25% of recovered proceeds if the state intervenes, or 25-30% if the state declines to intervene, plus reasonable expenses and attorney's fees awarded against the defendant.
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Establishes an 8-year statute of limitations for civil actions and requires proof of violations by preponderance of evidence; includes protections for employees who report false claims, entitling them to reinstatement, back pay, and damages if discriminated against.
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Permits courts to reduce damages to double (rather than triple) if the violator discloses the violation within 30 days and fully cooperates with state investigation before any prosecution or investigation begins; excludes claims under Title 27 from coverage.
Legislative Description
Mississippi False Claims Act; create.
Last Action
Died In Committee
2/2/2010