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). 
Assembly Vote: On Passage

PASSED on September 10, 2009.

voted YES: 53 voted NO: 24
3 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
    select this voteSenateAssembly 3rd Reading AB1196 Blumenfield By Corbett9/08/2009This bill PASSED the Senate
    28 voted YES 12 voted NO 0 voted present/not voting
    currently selectedAssemblyAB 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.)
    select this voteSenate 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.)
    currently selectedAssembly 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 Assemblymembers 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.: AB 1196 BLUMENFIELD Concurrence in Senate Amendments

    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 Assemblymembers in office on day of vote, from interest groups invested in the vote according to MapLight, January 1, 2009 – December 31, 2010.
    Contributions data source: FollowTheMoney.org

    Contributions by Legislator

    Namesort iconPartyDistrict$ From Interest Groups
    That Supported
    $ From Interest Groups
    That Opposed
    Vote
    Anthony AdamsRCA-59$0$0No
    Tom AmmianoDCA-13$14,100$500Yes
    Joel AndersonRCA-77$16,000$12,900No
    Juan ArambulaICA-31$0$0Yes
    Karen BassDCA-47$45,100$5,000Yes
    Jim BeallDCA-24$2,500$0Yes
    Bill BerryhillRCA-26$6,800$7,250Yes
    Tom BerryhillRCA-25$7,650$6,000No
    Sam BlakesleeRCA-33$0$0No
    Marty BlockDCA-78$13,650$4,000Yes
    Bob BlumenfieldDCA-40$36,700$3,250Yes
    Steven BradfordDCA-51$15,706$4,750Not Voting
    Julia BrownleyDCA-41$27,850$1,500Yes
    Joan BuchananDCA-15$23,800$20,137Yes
    Anna CaballeroDCA-28$12,839$17,502Yes
    Charles CalderonDCA-58$18,650$14,898Yes
    Wilmer Amina CarterDCA-62$9,850$500Yes
    Wesley ChesbroDCA-1$8,845$0Yes
    Connie ConwayRCA-34$2,250$8,000No
    Paul CookRCA-65$16,700$4,500No
    Joe CotoDCA-23$0$0Yes
    Mike DavisDCA-48$7,050$0Yes
    Hector De La TorreDCA-50$184,505$2,250Yes
    Kevin De LeonDCA-45$38,773$13,800Yes
    Chuck DeVoreRCA-70$0$0No
    Bill EmmersonRCA-63$1,668$1,675No
    Mike EngDCA-49$41,175$7,300Yes
    Noreen EvansDCA-7$31,896$2,000Yes
    Mike FeuerDCA-42$163,538$4,000Yes
    Nathan FletcherRCA-75$21,425$12,400No
    Paul FongDCA-22$16,900$3,500Yes
    Felipe FuentesDCA-39$5,000$17,200Yes
    Jean FullerRCA-32$5,050$6,000No
    Warren FurutaniDCA-55$19,646$4,900Yes
    Ted GainesRCA-4$2,075$14,500No
    Cathleen GalgianiDCA-17$6,690$18,000Yes
    Martin GarrickRCA-74$15,780$19,800No
    Danny GilmoreRCA-30$0$0No
    Curt HagmanRCA-60$1,150$15,900No
    Isadore HallDCA-52$22,600$12,100Yes
    Diane HarkeyRCA-73$9,225$5,000No
    Mary HayashiDCA-18$7,750$17,270Yes
    Ed HernandezDCA-57$15,034$15,178Yes
    Jerry HillDCA-19$21,676$7,000Yes
    Alyson HuberDCA-10$20,050$2,000Yes
    Jared HuffmanDCA-6$34,975$1,750Yes
    Kevin JeffriesRCA-66$1,000$7,150No
    Dave JonesDCA-9$776,608$22,950Yes
    Steve KnightRCA-36$9,000$9,800Not Voting
    Paul KrekorianDCA-43$0$0Yes
    Ted LieuDCA-53$183,415$850Yes
    Dan LogueRCA-3$3,000$5,500No
    Bonnie LowenthalDCA-54$22,929$9,000Yes
    Fiona MaDCA-12$21,600$12,000Yes
    Tony MendozaDCA-56$10,000$3,000Yes
    Jeff MillerRCA-71$4,400$16,550No
    Bill MonningDCA-27$37,924$2,000Yes
    Pedro NavaDCA-35$33,627$0Yes
    Brian NestandeRCA-64$5,850$3,200No
    Roger NielloRCA-5$11,400$23,850No
    Jim NielsenRCA-2$6,550$11,650Yes
    John PerezDCA-46$77,843$22,234Yes
    Manuel PerezDCA-80$20,500$4,000Yes
    Anthony PortantinoDCA-44$28,625$5,750Yes
    Ira RuskinDCA-21$0$0Yes
    Mary SalasDCA-79$88,472$3,185Yes
    Lori SaldanaDCA-76$0$0Yes
    Jim SilvaRCA-67$2,700$9,700No
    Nancy SkinnerDCA-14$28,182$5,500Yes
    Cameron SmythRCA-38$4,400$8,000No
    Jose SolorioDCA-69$21,900$16,700Yes
    Audra StricklandRCA-37$0$0No
    Sandre SwansonDCA-16$17,900$3,500Yes
    Tom TorlaksonDCA-11$60,068$5,750Yes
    Norma TorresDCA-61$24,625$12,496Yes
    Alberto TorricoDCA-20$56,711$7,534Yes
    Van TranRCA-68$0$0Yes
    Mike VillinesRCA-29$21,150$17,000No
    Mariko YamadaDCA-8$7,090$0Yes

    Add Data Filters:

    Legislator Filters
    Legislator Filters
    Show All
    NamePartyDistrict$ From Interest Groups
    That Supported
    $ From Interest Groups
    That Opposed
    Vote
    Anthony AdamsRCA-59$0$0No
    Tom AmmianoDCA-13$14,100$500Yes
    Joel AndersonRCA-77$16,000$12,900No
    Juan ArambulaICA-31$0$0Yes
    Karen BassDCA-47$45,100$5,000Yes
    Jim BeallDCA-24$2,500$0Yes
    Bill BerryhillRCA-26$6,800$7,250Yes
    Tom BerryhillRCA-25$7,650$6,000No
    Sam BlakesleeRCA-33$0$0No
    Marty BlockDCA-78$13,650$4,000Yes
    Bob BlumenfieldDCA-40$36,700$3,250Yes
    Steven BradfordDCA-51$15,706$4,750Not Voting
    Julia BrownleyDCA-41$27,850$1,500Yes
    Joan BuchananDCA-15$23,800$20,137Yes
    Anna CaballeroDCA-28$12,839$17,502Yes
    Charles CalderonDCA-58$18,650$14,898Yes
    Wilmer Amina CarterDCA-62$9,850$500Yes
    Wesley ChesbroDCA-1$8,845$0Yes
    Connie ConwayRCA-34$2,250$8,000No
    Paul CookRCA-65$16,700$4,500No
    Joe CotoDCA-23$0$0Yes
    Mike DavisDCA-48$7,050$0Yes
    Hector De La TorreDCA-50$184,505$2,250Yes
    Kevin De LeonDCA-45$38,773$13,800Yes
    Chuck DeVoreRCA-70$0$0No
    Bill EmmersonRCA-63$1,668$1,675No
    Mike EngDCA-49$41,175$7,300Yes
    Noreen EvansDCA-7$31,896$2,000Yes
    Mike FeuerDCA-42$163,538$4,000Yes
    Nathan FletcherRCA-75$21,425$12,400No
    Paul FongDCA-22$16,900$3,500Yes
    Felipe FuentesDCA-39$5,000$17,200Yes
    Jean FullerRCA-32$5,050$6,000No
    Warren FurutaniDCA-55$19,646$4,900Yes
    Ted GainesRCA-4$2,075$14,500No
    Cathleen GalgianiDCA-17$6,690$18,000Yes
    Martin GarrickRCA-74$15,780$19,800No
    Danny GilmoreRCA-30$0$0No
    Curt HagmanRCA-60$1,150$15,900No
    Isadore HallDCA-52$22,600$12,100Yes
    Diane HarkeyRCA-73$9,225$5,000No
    Mary HayashiDCA-18$7,750$17,270Yes
    Ed HernandezDCA-57$15,034$15,178Yes
    Jerry HillDCA-19$21,676$7,000Yes
    Alyson HuberDCA-10$20,050$2,000Yes
    Jared HuffmanDCA-6$34,975$1,750Yes
    Kevin JeffriesRCA-66$1,000$7,150No
    Dave JonesDCA-9$776,608$22,950Yes
    Steve KnightRCA-36$9,000$9,800Not Voting
    Paul KrekorianDCA-43$0$0Yes
    Ted LieuDCA-53$183,415$850Yes
    Dan LogueRCA-3$3,000$5,500No
    Bonnie LowenthalDCA-54$22,929$9,000Yes
    Fiona MaDCA-12$21,600$12,000Yes
    Tony MendozaDCA-56$10,000$3,000Yes
    Jeff MillerRCA-71$4,400$16,550No
    Bill MonningDCA-27$37,924$2,000Yes
    Pedro NavaDCA-35$33,627$0Yes
    Brian NestandeRCA-64$5,850$3,200No
    Roger NielloRCA-5$11,400$23,850No
    Jim NielsenRCA-2$6,550$11,650Yes
    John PerezDCA-46$77,843$22,234Yes
    Manuel PerezDCA-80$20,500$4,000Yes
    Anthony PortantinoDCA-44$28,625$5,750Yes
    Ira RuskinDCA-21$0$0Yes
    Mary SalasDCA-79$88,472$3,185Yes
    Lori SaldanaDCA-76$0$0Yes
    Jim SilvaRCA-67$2,700$9,700No
    Nancy SkinnerDCA-14$28,182$5,500Yes
    Cameron SmythRCA-38$4,400$8,000No
    Jose SolorioDCA-69$21,900$16,700Yes
    Audra StricklandRCA-37$0$0No
    Sandre SwansonDCA-16$17,900$3,500Yes
    Tom TorlaksonDCA-11$60,068$5,750Yes
    Norma TorresDCA-61$24,625$12,496Yes
    Alberto TorricoDCA-20$56,711$7,534Yes
    Van TranRCA-68$0$0Yes
    Mike VillinesRCA-29$21,150$17,000No
    Mariko YamadaDCA-8$7,090$0Yes

    Interest Groups that supported this bill

    $ Donated
    Attorneys & law firms$2,507,601
    Civil servant/public employee$52,144
    Public official (elected or appointed)$345
    General business associations$0

    Interest Groups that opposed this bill

    $ Donated
    Builders associations$398,100
    Engineering, architecture & construction management services$143,459
    Special trade contractors$21,500
    Loading…
    Date Range of Contributions
    Enter a custom date range