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ND HB1455
Bill
Status
1/14/2019
Primary Sponsor
Marvin Nelson
Click for details
AI Summary
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Establishes a qui tam (private whistleblower) civil action remedy in North Dakota allowing any person to sue on behalf of the state or local government for false claims submitted to government entities, with violations carrying civil penalties of $6,000 to $12,000 plus three times actual damages.
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Authorizes the Attorney General and local governments to investigate and intervene in qui tam actions, with provisions allowing government entities to take over, settle, or dismiss cases; requires complaints to remain sealed for at least 60 days before service on defendants.
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Entitles successful qui tam plaintiffs to recover 15-30% of proceeds depending on government participation level and whether plaintiff is deemed an "original source" with independent knowledge of the alleged violation.
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Provides anti-retaliation protections for employees, contractors, and agents who report false claims, including reinstatement rights, back pay damages of two times compensation, and recovery of litigation costs and attorney's fees.
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Establishes a 10-year statute of limitations for false claims actions and requires the Attorney General to submit annual reports to legislative management on funds recovered under the chapter.
Legislative Description
The creation of a judicial remedy in a qui tam action; and to provide for a report.
Last Action
Second reading, failed to pass, yeas 12 nays 79
2/1/2019