AB 1196 - An Act to Amend Sections 12650, 12651, 12652, and 12654 of the Government Code, Relating to the False Claims Act.

The False Claims Act. 2009-2010 Legislature. View bill details
Author(s):
Summary:
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… More
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. Hide
 
Status:
The bill has become law (chaptered). 
Senate Vote: On Passage

PASSED on September 8, 2009.

voted YES: 28 voted NO: 12
0 voted present/not voting

An Act to Amend Sections 12650, 12651, 12652, and 12654 of the Government Code, Relating to the False Claims Act.

AB 1196 — 2009-2010 Legislature

Summary
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… More
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. Hide
Learn More
At LegInfo.ca.gov
Title
An Act to Amend Sections 12650, 12651, 12652, and 12654 of the Government Code, Relating to the False Claims Act.
Author(s)
Bob Blumenfield
Co-Authors
    Subjects
    • The False Claims Act
    Major Actions
    Introduced2/27/2009
    Referred to Committee
    Passed Assembly Committee on Judiciary4/21/2009
    Passed Assembly Committee on Appropriations5/06/2009
    Passed Assembly6/01/2009
    Passed Senate Committee on Judiciary7/14/2009
    Passed Senate9/08/2009
    Passed Assembly9/10/2009
    Presented to the governor (enrolled)9/25/2009
    Became law (chaptered).10/11/2009
    Bill History
    Chamber/CommitteeMotionDateResult
    select this voteAssembly Committee on JudiciaryDo pass and be re-referred to the Committee on Appropriations.4/21/2009This motion PASSED the Assembly Committee on Judiciary
    8 voted YES 0 voted NO 2 voted present/not voting
    select this voteAssembly Committee on AppropriationsDo pass.5/06/2009This motion PASSED the Assembly Committee on Appropriations
    12 voted YES 4 voted NO 1 voted present/not voting
    select this voteAssemblyAB 1196 BLUMENFIELD Assembly Third Reading6/01/2009This bill PASSED the Assembly
    53 voted YES 23 voted NO 4 voted present/not voting
    select this voteSenate Committee on JudiciaryDo pass as amended, and re-refer to the Committee on Appropriations.7/14/2009This motion PASSED the Senate Committee on Judiciary
    3 voted YES 2 voted NO 0 voted present/not voting
    currently selectedSenateAssembly 3rd Reading AB1196 Blumenfield By Corbett9/08/2009This bill PASSED the Senate
    28 voted YES 12 voted NO 0 voted present/not voting
    select this voteAssemblyAB 1196 BLUMENFIELD Concurrence in Senate Amendments9/10/2009This bill PASSED the Assembly
    53 voted YES 24 voted NO 3 voted present/not voting
    ActionDateDescription
    Introduced2/27/2009
    2/27/2009Introduced. To print.
    3/01/2009From printer. May be heard in committee March 30.
    3/02/2009Read first time.
    3/26/2009Referred to Com. on JUD.
    4/10/2009In committee: Hearing postponed by committee.
    4/15/2009From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.
    4/16/2009Re-referred to Com. on JUD.
    select this voteVote4/21/2009Do pass and be re-referred to the Committee on Appropriations.
    4/21/2009From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 8. Noes 0.) (April 21).
    select this voteVote5/06/2009Do pass.
    5/07/2009From committee: Do pass. (Ayes 12. Noes 4.) (May 6).
    5/11/2009Read second time. To third reading.
    5/28/2009Read third time, amended, and returned to third reading. (Page 1759.).
    6/01/2009Read third time, passed, and to Senate. (Ayes 53. Noes 23. Page 1870.)
    select this voteAssembly Vote on Passage6/01/2009AB 1196 BLUMENFIELD Assembly Third Reading
    6/02/2009In Senate. Read first time. To Com. on RLS. for assignment.
    6/11/2009Referred to Com. on JUD.
    6/25/2009In committee: Set, first hearing. Hearing canceled at the request of author.
    6/26/2009From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.
    7/06/2009In committee: Hearing postponed by committee.
    select this voteVote7/14/2009Do pass as amended, and re-refer to the Committee on Appropriations.
    7/23/2009From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 3. Noes 2.) (July 14). Read second time, amended, and re-referred to Com. on APPR.
    8/18/2009From committee: Be placed on second reading file pursuant to Senate Rule 28.8.
    8/19/2009Read second time. To third reading.
    9/02/2009Read third time, amended. To second reading.
    9/03/2009Read second time. To third reading.
    9/08/2009Read third time, passed, and to Assembly. (Ayes 28. Noes 12. Page 2294.)
    currently selectedSenate Vote on Passage9/08/2009Assembly 3rd Reading AB1196 Blumenfield By Corbett
    9/09/2009In Assembly. Concurrence in Senate amendments pending.
    9/10/2009Senate amendments concurred in. To enrollment. (Ayes 53. Noes 24. Page 3266.)
    select this voteAssembly Vote on Passage9/10/2009AB 1196 BLUMENFIELD Concurrence in Senate Amendments
    9/25/2009Enrolled and to the Governor at 5 p.m.
    10/11/2009Approved by the Governor.
    10/11/2009Chaptered by Secretary of State - Chapter 277, Statutes of 2009.

    Total contributions given to Senators from interest groups that…

    4 Organizations Supported and 5 Opposed; See Which Ones

    Organizations that took a position on
    An Act to Amend Sections 12650, 12651, 12652, and 12654 of the Government Code, Relating to the False Claims Act.: Assembly 3rd Reading AB1196 Blumenfield By Corbett

    4 organizations supported this bill

    California Inspector General
    Senate Judiciary Committee (2009, July 13). AB 1196 7.13.2009. Retrieved October 15, 2010, from Leg Info.
    California State Attorney General
    Senate Judiciary Committee (2009, July 13). AB 1196 7.13.2009. Retrieved October 15, 2010, from Leg Info.
    Consumer Attorneys of California
    Senate Judiciary Committee (2009, July 13). AB 1196 7.13.2009. Retrieved October 15, 2010, from .
    Flasher Barricade Association
    Senate Judiciary Committee (2009, July 13). AB 1196 7.13.2009. Retrieved October 15, 2010, from Leg Info.

    5 organizations opposed this bill

    California Chapter of the American Fence Contractors' Association
    Senate Committee on Judiciary (2009, July 13). Senate Committee Analysis. Retrieved January 24, 2012, from Leginfo: Bill Analysis.
    California Fence Contractors' Association
    Senate Committee on Judiciary (2009, July 13). Senate Committee Analysis. Retrieved January 24, 2012, from Leginfo: Bill Analysis.
    Engineering Contractors' Association
    Senate Judiciary Committee (2009, July 13). AB 1196 7.13.2009. Retrieved October 15, 2010, from Leg Info.
    Marin Builders Association
    Senate Committee on Judiciary (2009, July 13). Senate Committee Analysis. Retrieved January 24, 2012, from Leginfo: Bill Analysis.
    Southern California Contractors Association
    Senate Committee on Judiciary (2009, July 13). Senate Committee Analysis. Retrieved January 24, 2012, from Leginfo: Bill Analysis.

    Need proof?

    View citations of support and opposition

    Includes reported contributions to campaigns of Senators in office on day of vote, from interest groups invested in the vote according to MapLight, January 1, 2007 – December 31, 2010.
    Contributions data source: FollowTheMoney.org

    Contributions by Legislator

    Namesort iconPartyDistrict$ From Interest Groups
    That Supported
    $ From Interest Groups
    That Opposed
    Vote
    Sam AanestadRCA-4$2,000$6,000No
    Elaine AlquistDCA-13$15,200$2,000Yes
    Roy AshburnRCA-18$0$0No
    John BenoitRCA-37$19,650$26,449No
    Ron CalderonDCA-30$18,100$37,680Yes
    Gilbert CedilloDCA-22$9,650$6,000Yes
    Dave CogdillRCA-14$12,300$32,050No
    Ellen CorbettDCA-10$96,067$13,500Yes
    Lou CorreaDCA-34$32,900$49,216Yes
    Dave CoxRCA-1$5,200$14,000No
    Mark DeSaulnierDCA-7$73,758$15,749Yes
    Jeff DenhamRCA-12$17,550$6,000No
    Denise DuchenyDCA-40$0$0Yes
    Bob DuttonRCA-31$14,695$49,078No
    Dean FlorezDCA-16$2,000$2,000Yes
    Loni HancockDCA-9$128,290$500Yes
    Tom HarmanRCA-35$38,248$35,900Yes
    Dennis HollingsworthRCA-36$2,000$5,500No
    Bob HuffRCA-29$13,895$53,371No
    Christine KehoeDCA-39$29,825$13,750Yes
    Mark LenoDCA-3$151,827$15,175Yes
    Carol LiuDCA-21$60,150$6,900Yes
    Alan LowenthalDCA-27$16,175$11,400Yes
    Abel MaldonadoRCA-15$53,727$7,850Yes
    Gloria Negrete McLeodDCA-32$21,400$19,050Yes
    Jenny OropezaDCA-28$25,359$2,000Yes
    Alex PadillaDCA-20$84,799$41,833Yes
    Fran PavleyDCA-23$94,054$2,250Yes
    Curren PriceDCA-26$34,984$11,933Yes
    Gloria RomeroDCA-24$35,773$2,500Yes
    George RunnerRCA-17$37,275$14,200No
    Joe SimitianDCA-11$45,850$4,500Yes
    Darrell SteinbergDCA-6$231,721$61,472Yes
    Tony StricklandRCA-19$67,926$46,950No
    Mimi WaltersRCA-33$44,375$40,450No
    Pat WigginsDCA-2$9,650$0Yes
    Lois WolkDCA-5$63,433$25,550Yes
    Rod WrightDCA-25$34,650$23,600Yes
    Mark WylandRCA-38$11,500$14,500Yes
    Leland YeeDCA-8$32,500$18,634Yes

    Add Data Filters:

    Legislator Filters
    Legislator Filters
    Show All
    NamePartyDistrict$ From Interest Groups
    That Supported
    $ From Interest Groups
    That Opposed
    Vote
    Sam AanestadRCA-4$2,000$6,000No
    Elaine AlquistDCA-13$15,200$2,000Yes
    Roy AshburnRCA-18$0$0No
    John BenoitRCA-37$19,650$26,449No
    Ron CalderonDCA-30$18,100$37,680Yes
    Gilbert CedilloDCA-22$9,650$6,000Yes
    Dave CogdillRCA-14$12,300$32,050No
    Ellen CorbettDCA-10$96,067$13,500Yes
    Lou CorreaDCA-34$32,900$49,216Yes
    Dave CoxRCA-1$5,200$14,000No
    Mark DeSaulnierDCA-7$73,758$15,749Yes
    Jeff DenhamRCA-12$17,550$6,000No
    Denise DuchenyDCA-40$0$0Yes
    Bob DuttonRCA-31$14,695$49,078No
    Dean FlorezDCA-16$2,000$2,000Yes
    Loni HancockDCA-9$128,290$500Yes
    Tom HarmanRCA-35$38,248$35,900Yes
    Dennis HollingsworthRCA-36$2,000$5,500No
    Bob HuffRCA-29$13,895$53,371No
    Christine KehoeDCA-39$29,825$13,750Yes
    Mark LenoDCA-3$151,827$15,175Yes
    Carol LiuDCA-21$60,150$6,900Yes
    Alan LowenthalDCA-27$16,175$11,400Yes
    Abel MaldonadoRCA-15$53,727$7,850Yes
    Gloria Negrete McLeodDCA-32$21,400$19,050Yes
    Jenny OropezaDCA-28$25,359$2,000Yes
    Alex PadillaDCA-20$84,799$41,833Yes
    Fran PavleyDCA-23$94,054$2,250Yes
    Curren PriceDCA-26$34,984$11,933Yes
    Gloria RomeroDCA-24$35,773$2,500Yes
    George RunnerRCA-17$37,275$14,200No
    Joe SimitianDCA-11$45,850$4,500Yes
    Darrell SteinbergDCA-6$231,721$61,472Yes
    Tony StricklandRCA-19$67,926$46,950No
    Mimi WaltersRCA-33$44,375$40,450No
    Pat WigginsDCA-2$9,650$0Yes
    Lois WolkDCA-5$63,433$25,550Yes
    Rod WrightDCA-25$34,650$23,600Yes
    Mark WylandRCA-38$11,500$14,500Yes
    Leland YeeDCA-8$32,500$18,634Yes

    Interest Groups that supported this bill

    $ Donated
    Attorneys & law firms$1,655,607
    Civil servant/public employee$32,749
    Public official (elected or appointed)$100
    General business associations$0

    Interest Groups that opposed this bill

    $ Donated
    Builders associations$478,511
    Engineering, architecture & construction management services$205,848
    Special trade contractors$55,130
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