State Bill Colorado

Amendments for HB22-1119

House Journal, April 7
48 HB22-1119 be amended as follows, and as so amended, be referred to
49 the Committee on Finance with favorable
50 recommendation:
51
52 Amend printed bill, page 4, line 25, strike "FIVE" and substitute "TEN".
53
54 Page 5, line 7, after "THE" insert "FALSITY OF THE".
55
1 Page 5, line 13, after the period, insert "A PERSON WHO ACTS MERELY
2 NEGLIGENTLY WITH RESPECT TO INFORMATION IS NOT DEEMED TO HAVE
3 ACTED KNOWINGLY, UNLESS THE PERSON ACTS WITH RECKLESS DISREGARD
4 OF THE TRUTH OR FALSITY OF THE INFORMATION.".
5
6 Page 6, strike lines 11 through 18.
7
8 Page 6, lines 23 through 25, strike "IN AMOUNTS ESTABLISHED IN THE
9 FEDERAL "FALSE CLAIMS ACT", 31 U.S.C. SEC. 3729 ET SEQ., AS
10 AMENDED, AS ADJUSTED FOR INFLATION PURSUANT TO 31 U.S.C. SEC.
11 3729," and substitute "OF NOT LESS THAN ELEVEN THOUSAND EIGHT
12 HUNDRED DOLLARS AND NOT MORE THAN TWENTY-THREE THOUSAND SIX
13 HUNDRED DOLLARS PER VIOLATION,".
14
15 Page 7, line 24, strike the second "OR".
16
17 Page 7, after line 24 insert:
18 "(g) KNOWINGLY MAKES, USES, OR CAUSES TO BE MADE OR USED,
19 A FALSE RECORD OR STATEMENT MATERIAL TO A CLAIM TO
20 UNEMPLOYMENT INSURANCE BENEFITS WHEN THE PERSON HAS
21 WRONGFULLY RECOVERED UNEMPLOYMENT INSURANCE BENEFITS FROM
22 THE STATE OF MORE THAN FIFTEEN THOUSAND DOLLARS IN A CALENDAR
23 YEAR; OR".
24
25 Reletter succeeding paragraph accordingly.
26
27 Page 7, strike lines 26 and 27 and substitute "(1)(g) OF THIS SECTION.".
28
29 Page 8, strike lines 1 through 20 and substitute:
30 "(2) (a) NOTWITHSTANDING THE AMOUNT OF DAMAGES
31 AUTHORIZED IN SUBSECTION (1) OF THIS SECTION, FOR A PERSON WHO
32 VIOLATES SUBSECTION (1) OF THIS SECTION, THE COURT MAY ASSESS
33 REDUCED DAMAGES AND PENALTIES AS DESCRIBED IN SUBSECTION (2)(b)
34 OR (2)(c) OF THIS SECTION IF THE COURT FINDS THAT:
35 (I) THE PERSON WHO COMMITTED THE VIOLATION FURNISHED TO
36 THE OFFICIALS OF THE STATE OR POLITICAL SUBDIVISION RESPONSIBLE FOR
37 INVESTIGATING FALSE CLAIMS VIOLATIONS ALL INFORMATION ABOUT THE
38 VIOLATION KNOWN TO THE PERSON AND FURNISHED SAID INFORMATION
39 WITHIN THIRTY DAYS AFTER THE DATE ON WHICH THE PERSON FIRST
40 LEARNED OF A POTENTIAL VIOLATION;
41 (II) AT THE TIME THE PERSON FURNISHED THE INFORMATION
42 ABOUT THE VIOLATION TO THE OFFICIALS OF THE STATE OR POLITICAL
43 SUBDIVISION, THE PERSON DID NOT HAVE ACTUAL OR CONSTRUCTIVE
44 KNOWLEDGE OF THE EXISTENCE OF AN INVESTIGATION INTO THE
45 VIOLATION; AND
46 (III) THE PERSON FULLY COOPERATED WITH ANY INVESTIGATION
47 OF THE VIOLATION BY THE STATE OR POLITICAL SUBDIVISION.
48 (b) IF A PERSON DESCRIBED IN SUBSECTION (2)(a) OF THIS SECTION
49 FURNISHED INFORMATION ABOUT THE VIOLATION TO THE OFFICIALS OF THE
50 STATE OR POLITICAL SUBDIVISION BEFORE A CRIMINAL PROSECUTION, CIVIL
51 ACTION, OR ADMINISTRATIVE ACTION WAS COMMENCED WITH RESPECT TO
52 THE VIOLATION, THE COURT SHALL ASSESS ONE AND ONE-HALF THE
53 AMOUNT OF ACTUAL DAMAGES RESULTING FROM THE FALSE CLAIM,
1 INCLUDING INTEREST FROM THE DATE OF THE FRAUD TO THE DATE OF FULL
2 REPAYMENT OF ALL DAMAGES, THAT THE STATE OR POLITICAL
3 SUBDIVISION SUSTAINS BECAUSE OF THE VIOLATION AND A CIVIL PENALTY
4 OF NOT LESS THAN FIVE THOUSAND NINE HUNDRED DOLLARS AND NOT
5 MORE THAN ELEVEN THOUSAND EIGHT HUNDRED DOLLARS PER VIOLATION.
6 (c) IF A PERSON DESCRIBED IN SUBSECTION (2)(a) OF THIS SECTION
7 FURNISHED INFORMATION ABOUT THE VIOLATION TO THE OFFICIALS OF THE
8 STATE OR POLITICAL SUBDIVISION WHILE A CRIMINAL PROSECUTION, CIVIL
9 ACTION, OR ADMINISTRATIVE ACTION CONCERNING THE VIOLATION WAS
10 UNDER SEAL PURSUANT TO SECTION 24-31-1204 (4)(b), THE COURT SHALL
11 ASSESS DOUBLE THE AMOUNT OF ACTUAL DAMAGES RESULTING FROM THE
12 FALSE CLAIM, INCLUDING INTEREST FROM THE DATE OF THE FRAUD TO THE
13 DATE OF FULL REPAYMENT OF ALL DAMAGES, THAT THE STATE OR
14 POLITICAL SUBDIVISION SUSTAINS BECAUSE OF THE VIOLATION AND A CIVIL
15 PENALTY OF NOT LESS THAN SEVEN THOUSAND EIGHT HUNDRED DOLLARS
16 AND NOT MORE THAN FIFTEEN THOUSAND SEVEN HUNDRED DOLLARS PER
17 VIOLATION.
18 (d) THE ATTORNEY GENERAL MAY DETERMINE WHETHER A PERSON
19 MEETS THE CRITERIA DESCRIBED IN SUBSECTION (2)(a) OF THIS SECTION
20 AND SUBMIT THE DETERMINATION AND REASONING TO THE COURT, WHICH
21 THE COURT MAY CONSIDER WHEN MAKING A FINDING AS TO WHETHER THE
22 BUSINESS SATISFIES THE CRITERIA DESCRIBED IN SUBSECTION (2)(a) OF
23 THIS SECTION.".
24
25 Page 9, after line 2 insert:
26 "(6) (a) THE MAXIMUM AND MINIMUM AMOUNTS FOR THE CIVIL
27 PENALTIES DESCRIBED IN THIS SECTION MUST BE ADJUSTED FOR INFLATION
28 ON JULY 1, 2023, AND EACH JULY 1 THEREAFTER. THE ADJUSTMENT MADE
29 PURSUANT TO THIS SUBSECTION (6) MUST BE ROUNDED UPWARD OR
30 DOWNWARD TO THE NEAREST TEN-DOLLAR INCREMENT. THE SECRETARY
31 OF STATE SHALL CERTIFY THE ADJUSTED MAXIMUM AND MINIMUM
32 AMOUNTS FOR CIVIL PENALTIES WITHIN FOURTEEN DAYS AFTER THE
33 APPROPRIATE INFORMATION IS AVAILABLE.
34 (b) FOR EACH ACTION BROUGHT PURSUANT TO THIS PART 12, THE
35 APPLICABLE MINIMUM AND MAXIMUM AMOUNTS FOR A CIVIL PENALTY ARE
36 THE AMOUNTS IN EFFECT ON THE DATE THE CAUSE OF ACTION ACCRUES.
37 (c) AS USED IN THIS SECTION, "INFLATION" MEANS THE ANNUAL
38 PERCENTAGE CHANGE IN THE DENVER-AURORA-LAKEWOOD CONSUMER
39 PRICE INDEX, OR ITS APPLICABLE SUCCESSOR INDEX, PUBLISHED BY THE
40 UNITED STATES DEPARTMENT OF LABOR BUREAU OF LABOR STATISTICS.
41 (7) FOR ACCOUNTING PURPOSES, A FINE OR PENALTY RECEIVED BY
42 THE STATE PURSUANT TO THIS PART 12 IS A DAMAGE AWARD.".
43
44 Page 9, after line 24 insert:
45 "(d) IN ANY ACTION BROUGHT PURSUANT TO THIS PART 12 IN
46 WHICH THE ATTORNEY GENERAL IS A PARTY, EITHER AS THE PLAINTIFF OR
47 AS AN INTERVENOR, THE COURT MAY DISMISS THE ACTION UPON MOTION
48 OF THE ATTORNEY GENERAL FOLLOWING THE NOTICE AND OPPORTUNITY
49 FOR A HEARING PURSUANT TO SUBSECTION (5)(b)(I) OF THIS SECTION. IN
50 DETERMINING WHETHER TO FILE A MOTION TO DISMISS, THE ATTORNEY
51 GENERAL SHALL CONSIDER THE SEVERITY OF THE FALSE CLAIM, PROGRAM
1 OR POPULATION IMPACTED BY THE FALSE CLAIM, DURATION OF THE FRAUD,
2 WEIGHT AND MATERIALITY OF THE EVIDENCE, OTHER MEANS TO MAKE THE
3 PROGRAM WHOLE, AND OTHER FACTORS THE ATTORNEY GENERAL DEEMS
4 RELEVANT. THE ATTORNEY GENERAL'S DECISION-MAKING PROCESS
5 CONCERNING A MOTION TO DISMISS AND ANY RECORDS RELATED TO THE
6 DECISION-MAKING PROCESS ARE NOT DISCOVERABLE IN ANY ACTION.".
7
8 Page 10, after line 27 insert:
9 "(e) THE LIMITATIONS AND REQUIREMENTS DESCRIBED IN SECTION
10 13-17-304 APPLY TO A CONTINGENT FEE CONTRACT BETWEEN A POLITICAL
11 SUBDIVISION AND A PRIVATE ATTORNEY ENTERED INTO FOR THE PURPOSE
12 OF BRINGING OR INTERVENING IN AN ACTION PURSUANT TO THIS PART 12.".
13
14 Page 11, line 18 and 19, strike "A RELATOR MAY NOT DISMISS AN ACTION
15 UNLESS THE COURT AND" and substitute "THE COURT SHALL NOT DISMISS
16 AN ACTION UPON MOTION OF THE PRIVATE PERSON WHO BROUGHT THE
17 ACTION UNLESS".
18
19 Page 11, line 22, strike "THE RELATOR" and substitute "(I) A PERSON
20 WHO BRINGS AN ACTION".
21
22 Page 11, line 26, strike "RELATOR POSSESSES." and substitute "PERSON
23 POSSESSES; EXCEPT THAT THE PERSON SHALL NOT DISCLOSE ANY
24 EVIDENCE OR INFORMATION THAT THE PERSON REASONABLY BELIEVES IS
25 PROTECTED BY THE DEFENDANT'S ATTORNEY-CLIENT PRIVILEGE UNLESS
26 THE PRIVILEGE WAS WAIVED, INADVERTENTLY OR OTHERWISE, BY THE
27 PERSON WHO HOLDS THE PRIVILEGE; AN EXCEPTION TO THE PRIVILEGE
28 APPLIES; OR DISCLOSURE OF THE INFORMATION IS PERMITTED BY AN
29 ATTORNEY PURSUANT TO 17 CFR 205.3 (d)(2), THE APPLICABLE
30 COLORADO RULES OF PROFESSIONAL CONDUCT, OR OTHERWISE.".
31
32 Page 12, after line 7 insert:
33 "(II) IN DETERMINING WHETHER TO INTERVENE AND PROCEED WITH
34 AN ACTION PURSUANT TO THIS SUBSECTION (4)(b), THE ATTORNEY
35 GENERAL SHALL CONSIDER THE FACTORS DESCRIBED IN SUBSECTION (1)(d)
36 OF THIS SECTION. THE ATTORNEY GENERAL'S DECISION-MAKING PROCESS
37 CONCERNING WHETHER TO INTERVENE AND ANY RECORDS RELATED TO
38 THE DECISION-MAKING PROCESS ARE NOT DISCOVERABLE IN ANY ACTION.".
39
40 Page 13, after line 3 insert:
41 "(f) ANY INFORMATION PROVIDED BY A PERSON TO THE STATE OR
42 POLITICAL SUBDIVISION PURSUANT TO THIS SUBSECTION (4) IS EXEMPT
43 FROM DISCLOSURE PURSUANT TO THE "COLORADO OPEN RECORDS ACT",
44 PART 2 OF ARTICLE 72 OF THIS TITLE 24.".
45
46 Page 13, line 8, strike "RELATOR. THE RELATOR" and substitute "PERSON
47 WHO BROUGHT THE ACTION. THE PERSON".
48
49 Page 13, line 11, strike "MAY" and substitute "MAY, AT ANY TIME,".
50
51 Page 13, line 12, strike "ACTION" and substitute "ACTION, IN WHOLE OR IN
52 PART,".
53
54 Page 14, line 1, strike "RELATOR'S" and substitute "PERSON'S".
55
1 Page 14, line 6, strike "RELATOR'S" and substitute "PERSON'S".
2
3 Page 14, strike lines 16 through 19.
4
5 Page 14, line 20, strike "THE ACTION." and substitute "(c)".
6
7 Page 14, line 21, strike "THE" and substitute "AN".
8
9 Page 14, line 24, strike "ACTION." and substitute "ACTION, BUT IF THE
10 ATTORNEY GENERAL SUBMITS TO THE COURT THE ATTORNEY GENERAL'S
11 REASONS FOR NOT PROCEEDING WITH THE ACTION, THE COURT MAY
12 CONSIDER THE REASONS WHEN DECIDING A MOTION OR WHETHER THE
13 COURT HAS JURISDICTION.".
14
15 Page 15, line 1, strike "A RELATOR" and substitute "THE PERSON".
16
17 Page 15, lines 22 and 23, strike "SUBDIVISION, INCLUDING ANY
18 ADMINISTRATIVE PROCEEDING TO DETERMINE A CIVIL MONEY PENALTY."
19 and substitute "SUBDIVISION.".
20
21 Page 15, line 24, strike "RELATOR" and substitute "PERSON WHO BROUGHT
22 THE ACTION PURSUANT TO SUBSECTION (4) OF THIS SECTION".
23
24 Page 15, line 25, strike "RELATOR" and substitute "PERSON".
25
26 Page 16, line 7, strike "relators." and substitute "a person who brings
27 an action.".
28
29 Page 17, line 8, strike "RELATOR'S" and substitute "PERSON'S".
30
31 Page 17, line 10, strike "RELATOR'S" and substitute "PERSON'S".
32
33 Page 18, line 26, after "JUDICIARY," insert "AN EXECUTIVE DIRECTOR OF
34 A STATE AGENCY,".
35
36 Page 19, line 1, strike "MEMBER'S" and substitute "MEMBER'S, EXECUTIVE
37 DIRECTOR'S,".
38
39 Page 20, line 11, before "THIS" insert "SUBSECTION (4) OF".
40
41 Page 20, line 19, strike "RELATOR" and substitute "PERSON WHO BROUGHT
42 THE ACTION PURSUANT TO SUBSECTION (4) OF THIS SECTION".
43
44 Page 20, line 20, after the period insert "CONFIDENTIAL INFORMATION
45 DOES NOT INCLUDE INFORMATION THAT IS PROTECTED BY THE
46 DEFENDANT'S ATTORNEY-CLIENT PRIVILEGE UNLESS THE PRIVILEGE WAS
47 WAIVED, INADVERTENTLY OR OTHERWISE, BY THE PERSON WHO HOLDS THE
48 PRIVILEGE; AN EXCEPTION TO THE PRIVILEGE APPLIES; OR DISCLOSURE OF
49 THE INFORMATION IS PERMITTED BY AN ATTORNEY PURSUANT TO 17 CFR
50 205.3 (d)(2), THE APPLICABLE COLORADO RULES OF PROFESSIONAL
51 CONDUCT, OR OTHERWISE.".
52
53 Page 23, line 19, strike "PRIMARILY".
54
55
1 Page 24, line 14, strike "RELATOR'S EMPLOYER," and substitute
2 "EMPLOYER OF THE PERSON WHO BROUGHT THE ACTION PURSUANT TO
3 SUBSECTION (4) OF THIS SECTION,".
4
5 Page 24, line 19, strike "RELATOR" and substitute "PERSON WHO BRINGS
6 AN ACTION PURSUANT TO SUBSECTION (4) OF THIS SECTION".
7
8 Page 24, line 21, after "SECTION," insert "REFERRED TO IN THIS
9 SUBSECTION (10) AS AN "OTHER ACTION",".
10
11 Page 25, line 10, strike "AN ACTION OTHER THAN AN ACTION" and
12 substitute "ANY OTHER ACTION, A PERSON WHO BROUGHT THE ACTION
13 PURSUANT TO SUBSECTION (4) OF THIS SECTION,".
14
15 Page 25, strike line 11.
16
17 Page 25, line 16, strike "RELATOR" and substitute "PERSON WHO BROUGHT
18 THE ACTION PURSUANT TO SUBSECTION (4) OF THIS SECTION".
19
20 Page 25, after line 22 insert:
21 "(c) NOTWITHSTANDING ANY PROVISION OF THIS SUBSECTION (10)
22 TO THE CONTRARY, INFORMATION ABOUT AN ACTION FILED PURSUANT TO
23 SUBSECTION (4) OF THIS SECTION THAT IS PROTECTED BY THE
24 DEFENDANT'S ATTORNEY-CLIENT PRIVILEGE IS NOT DISCOVERABLE IN ANY
25 OTHER ACTION UNLESS THE PRIVILEGE WAS WAIVED, INADVERTENTLY OR
26 OTHERWISE, BY THE PERSON WHO HOLDS THE PRIVILEGE; AN EXCEPTION
27 TO THE PRIVILEGE APPLIES; OR DISCLOSURE OF THE INFORMATION IS
28 PERMITTED BY AN ATTORNEY PURSUANT TO 17 CFR 205.3 (d)(2), THE
29 APPLICABLE COLORADO RULES OF PROFESSIONAL CONDUCT, OR
30 OTHERWISE.".
31
32 Page 26, line 12, strike "RELATOR'S" and substitute "ORIGINAL".
33
34 Page 26, line 21, strike "RELATOR'S COMPLAINT," and substitute
35 "ORIGINAL COMPLAINT FILED BY A PERSON PURSUANT TO SECTION
36 24-31-1204 (4),".
37
38 Page 26, line 24, strike "COMPLAINT OF THE RELATOR." and substitute
39 "COMPLAINT.".
40
41 Page 26, line 26, strike "RELATOR" and substitute "PERSON WHO BROUGHT
42 THE ACTION PURSUANT TO SECTION 24-31-1204 (4)".
43
44 Page 27, line 15, after the period insert "A PERSON BRINGING AN ACTION
45 PURSUANT TO THIS PART 12 SHALL FILE THE COMPLAINT IN A DISTRICT
46 COURT OR A FEDERAL COURT WITH JURISDICTION OVER THE ACTION AND
47 SHALL NOT FILE THE COMPLAINT IN ANY OTHER COURT.".
48
49 Page 28, line 1, after "NECESSARY;" insert "EXCEPT THAT THE PERSON IS
50 NOT REQUIRED TO DISCLOSE ANY INFORMATION THAT IS PROTECTED BY
51 THE PERSON'S ATTORNEY-CLIENT PRIVILEGE UNLESS THE PRIVILEGE WAS
52 WAIVED, INADVERTENTLY OR OTHERWISE, BY THE PERSON WHO HOLDS THE
1 PRIVILEGE; AN EXCEPTION TO THE PRIVILEGE APPLIES; OR DISCLOSURE OF
2 THE INFORMATION IS PERMITTED BY AN ATTORNEY PURSUANT TO 17 CFR
3 205.3 (d)(2), THE APPLICABLE COLORADO RULES OF PROFESSIONAL
4 CONDUCT, OR OTHERWISE.".
5
6 Page 28, line 4, after "THEREOF," insert "OR ANY NONPRIVILEGED".
7
8 Page 28, line 8, after "ANY" insert "NONPRIVILEGED".
9
10 Page 31, line 10, strike "CREDIT" and substitute "TRANSFER".
11
12 Page 31, line 15, strike "CREDIT" and substitute "TRANSFER".
13
14 Page 31, after line 25 insert:
15 "24-31-1211. False claims act report. (1) ON OR BEFORE
16 JANUARY 15, 2024, AND ON OR BEFORE EACH JANUARY 15 THEREAFTER,
17 THE ATTORNEY GENERAL SHALL SUBMIT A WRITTEN REPORT TO THE HOUSE
18 OF REPRESENTATIVES BUSINESS AFFAIRS AND LABOR COMMITTEE, THE
19 HOUSE OF REPRESENTATIVES JUDICIARY COMMITTEE, THE SENATE
20 BUSINESS, LABOR, AND TECHNOLOGY COMMITTEE, AND THE SENATE
21 JUDICIARY COMMITTEE, OR THEIR SUCCESSOR COMMITTEES, CONCERNING
22 CLAIMS BROUGHT PURSUANT TO THIS PART 12 DURING THE PREVIOUS
23 FISCAL YEAR. THE REPORT MUST INCLUDE, BUT IS NOT LIMITED TO:
24 (a) THE NUMBER OF ACTIONS BROUGHT BY THE ATTORNEY
25 GENERAL AND THE DISPOSITION OF THE ACTIONS;
26 (b) THE AMOUNT OF PROCEEDS RECOVERED BY THE STATE
27 THROUGH SETTLEMENT OR JUDGMENT IN AN ACTION BROUGHT PURSUANT
28 TO THIS PART 12, INCLUDING:
29 (I) THE CASE NUMBER AND PARTIES FOR EACH ACTION IN WHICH
30 PROCEEDS WERE RECOVERED;
31 (II) THE AMOUNT OF PROCEEDS RECOVERED IN EACH CASE,
32 CATEGORIZED BY THE AMOUNT RECOVERED AS DAMAGES, PENALTIES, AND
33 LITIGATION COSTS; AND
34 (III) IF APPLICABLE, THE PERCENTAGE OF THE PROCEEDS
35 RECOVERED AND THE TOTAL AMOUNT AWARDED TO A PRIVATE PERSON
36 WHO BROUGHT THE ACTION.
37 (c) THE NUMBER OF ACTIONS BROUGHT BY A PERSON OTHER THAN
38 THE ATTORNEY GENERAL IN WHICH THE ATTORNEY GENERAL DID NOT
39 INTERVENE, WHETHER THE ACTIONS WERE CONTINUED BY THE OTHER
40 PERSON, AND THE DISPOSITION OF THE ACTIONS;
41 (d) THE AMOUNT OF PROCEEDS, INCLUDING ANY LITIGATION COSTS
42 AND ATTORNEY FEES, RECOVERED THROUGH SETTLEMENT OR JUDGMENT
43 IN ACTIONS BROUGHT BY A PERSON OTHER THAN THE ATTORNEY GENERAL;
44 AND
45 (e) THE AMOUNT EXPENDED BY THE STATE FOR INVESTIGATION
46 AND LITIGATION OF FALSE CLAIMS PURSUANT TO THIS PART 12 AND ALL
47 OTHER COSTS RELATED TO THIS PART 12.
48 (2) NOTWITHSTANDING SECTION 24-1-136 (11)(a)(I), THE
49 REPORTING REQUIREMENT DESCRIBED IN THIS SECTION CONTINUES
50 INDEFINITELY.".
51
52 Strike "RELATOR" and substitute "PERSON" on: Page 11, lines 14 and 15;
53 Page 12, line 26; Page 13, lines 13 and 14; Page 14, lines 2, 5, 8, and 14;
54 Page 15, line 2; Page 16, lines 9, 10, 13, 21, 24 two times, and 26; Page
55 17, lines 2, 12, 13, 16, and 22; Page 18, lines 2, 6, 7, 9, 11, 12, and 20;
1 Page 19, lines 2, 6, and 13; Page 20, line 10; Page 24, lines 22, 23, and
2 25; and Page 25, line 14.
3
4 Strike "RELATOR" and substitute "PERSON WHO BROUGHT THE ACTION" on:
5 Page 12, line 24; Page 13, lines 12, 18, and 24; Page 14, line 11; Page
6 15, line 8; Page 16, line 17; Page 17, line 7; Page 18, line 17; and Page
7 19, line 22.
8
9

House Journal, April 18
45 HB22-1119 be amended as follows, and as so amended, be referred to
46 the Committee on Appropriations with favorable
47 recommendation:
48
49 Amend the Judiciary Committee Report, dated April 5, 2022, page 3, line
50 26, strike "AWARD."." and substitute "AWARD.
51 (8) (a) IF THE ATTORNEY GENERAL OR A POLITICAL SUBDIVISION
52 HAS AUTHORITY TO BRING OR INTERVENE IN A CIVIL ACTION PURSUANT TO
53 THIS PART 12, THE ATTORNEY GENERAL OR POLITICAL SUBDIVISION MAY
54 ACCEPT FROM A PERSON ALLEGED TO HAVE VIOLATED SUBSECTION (1) OF
55 THIS SECTION, IN LIEU OF OR AS A PART OF A CIVIL ACTION, AN ASSURANCE
1 OF DISCONTINUANCE OR A CONSENT ORDER APPROVED BY A COURT OF
2 COMPETENT JURISDICTION OF THE ALLEGED VIOLATION OF THIS PART 12.
3 THE ASSURANCE OR CONSENT ORDER MAY INCLUDE A STIPULATION FOR
4 THE VOLUNTARY PAYMENT BY THE ALLEGED VIOLATOR OF ANY RELIEF
5 AUTHORIZED BY THIS PART 12, INCLUDING PAYMENT FOR INVESTIGATION
6 AND LITIGATION COSTS INCURRED BY THE ATTORNEY GENERAL, POLITICAL
7 SUBDIVISION, OR PRIVATE PERSON WHO BROUGHT AN ACTION PURSUANT
8 TO SECTION 24-31-1204 (4), AND ACTUAL DAMAGES RESULTING FROM THE
9 FALSE CLAIM PLUS ANY AUTHORIZED MULTIPLIER, INTEREST, AND CIVIL
10 MONEY PENALTY.
11 (b) AN ASSURANCE OF DISCONTINUANCE ACCEPTED BY THE
12 ATTORNEY GENERAL OR POLITICAL SUBDIVISION AND ANY CONSENT
13 ORDER FILED WITH THE COURT AS A PART OF AN ACTION IS A MATTER OF
14 PUBLIC RECORD UNLESS THE ATTORNEY GENERAL OR POLITICAL
15 SUBDIVISION DETERMINES, AT THE ATTORNEY GENERAL'S OR POLITICAL
16 SUBDIVISION'S DISCRETION, THAT IT IS CONFIDENTIAL TO THE PARTIES TO
17 THE ACTION OR PROCEEDING AND TO THE COURT AND ITS EMPLOYEES.
18 UPON THE FILING OF A CIVIL ACTION OR A MOTION OR PETITION IN A
19 PENDING CIVIL ACTION BY THE ATTORNEY GENERAL OR POLITICAL
20 SUBDIVISION ALLEGING THAT A PERSON HAS VIOLATED A CONFIDENTIAL
21 ASSURANCE OF DISCONTINUANCE OR CONSENT ORDER ACCEPTED
22 PURSUANT TO THIS SUBSECTION (8), THE ASSURANCE OF DISCONTINUANCE
23 OR CONSENT ORDER IS A PUBLIC RECORD AND OPEN TO INSPECTION BY ANY
24 PERSON.
25 (c) PROOF BY A PREPONDERANCE OF THE EVIDENCE OF A
26 VIOLATION OF AN ASSURANCE OR STIPULATION OR CONSENT ORDER IS
27 PRIMA FACIE EVIDENCE OF A VIOLATION FOR THE PURPOSES OF ANY CIVIL
28 ACTION OR PROCEEDING BROUGHT BY THE ATTORNEY GENERAL OR
29 POLITICAL SUBDIVISION AFTER THE ALLEGED VIOLATION OF THE
30 ASSURANCE OR STIPULATION OR CONSENT ORDER, WHETHER A NEW
31 ACTION OR A MOTION OR PETITION IN A PENDING ACTION OR
32 PROCEEDING.".".
33
34 Page 7 of the report, after line 25 insert:
35 "Page 31, line 7, strike "12." and substitute "12 AND THE AMOUNT OF ANY
36 PROCEEDS DEPOSITED INTO THE FUND THAT ARE ATTRIBUTABLE TO A
37 POLITICAL SUBDIVISION.".".
38
39 Page 7 of the report, after line 26 insert:
40 "Page 31, line 12, after the period insert "IF ALL OR PART OF THE
41 PROCEEDS ARE ATTRIBUTABLE TO A POLITICAL SUBDIVISION, THE
42 ATTORNEY GENERAL SHALL DIRECT THE TREASURER TO PAY TO THE
43 POLITICAL SUBDIVISION, AS DESCRIBED IN SUBSECTION (3)(c) OF THIS
44 SECTION, AN AMOUNT EQUAL TO THE FALSE CLAIM.".".
45
46 Page 7 of the report, after line 27 insert:
47 "Page 31, line 17, after the period insert "IF ALL OR PART OF THE
48 PROCEEDS ARE ATTRIBUTABLE TO A POLITICAL SUBDIVISION, THE
49 ATTORNEY GENERAL SHALL DIRECT THE TREASURER TO PAY TO THE
50 POLITICAL SUBDIVISION, AS DESCRIBED IN SUBSECTION (3)(c) OF THIS
51 SECTION, A PRO-RATED AMOUNT BASED ON THE ACTUAL RECOVERY.
52 (c) NO LATER THAN SEVEN DAYS AFTER THE ATTORNEY GENERAL
53 DIRECTS THE STATE TREASURER TO MAKE A PAYMENT TO A POLITICAL
54 SUBDIVISION PURSUANT TO SUBSECTION (3)(b) OF THIS SECTION, THE
55 STATE TREASURER SHALL ISSUE A WARRANT TO BE PAID UPON DEMAND
1 FROM THE FUND TO THE POLITICAL SUBDIVISION IN THE AMOUNT
2 SPECIFIED BY THE ATTORNEY GENERAL.".".
3
4

House Journal, April 22
29 HB22-1119 be amended as follows, and as so amended, be referred to
30 the Committee of the Whole with favorable
31 recommendation:
32
33 Amend printed bill, page 32, after line 18 insert:
34
35 "SECTION 5. Appropriation. For the 2022-23 state fiscal year,
36 $13,568 is appropriated to the legislative department for use by the office
37 of the state auditor. This appropriation is from the general fund. The
38 office may use this appropriation to implement this act.".
39
40 Renumber succeeding section accordingly.
41
42 Page 1, line 102, strike "STATE." and substitute "STATE, AND, IN
43 CONNECTION THEREWITH, MAKING AN APPROPRIATION.".
44
45

House Journal, April 27
51 Amendment No. 1, Appropriations Report, dated April 22, 2022, and
52 placed in member’s bill file; Report also printed in House Journal,
53 April 22, 2022.
54
55
1 Amendment No. 2, Finance Report, dated April 14, 2022, and placed in
2 member’s bill file; Report also printed in House Journal, April 18, 2022.
3
4 Amendment No. 3, Judiciary Report, dated April 5, 2022, and placed in
5 member’s bill file; Report also printed in House Journal, April 7, 2022.
6
7 On motion of Representative Bockenfeld, the bill was partially read at
8 length.
9
10 As amended, ordered engrossed and placed on the Calendar for Third
11 Reading and Final Passage.
12

Senate Journal, May 3
After consideration on the merits, the Committee recommends that HB22-1119 be
amended as follows, and as so amended, be referred to the Committee on Finance with
favorable recommendation.
Amend reengrossed bill, page 4, after line 16, insert:

"(b) "CLAIM" INCLUDES THE FAILURE TO PAY OR THE UNDERPAYMENT
OF AN OBLIGATION OWED TO THE STATE.".

Reletter succeeding subparagraph accordingly.

Page 4, line 27, strike "AN INDIVIDUAL" and substitute "A PERSON".

Page 6, line 7, strike "STATE OR A POLITICAL SUBDIVISION," and substitute
"STATE,".
Page 6, strike lines 10 through 14.

Page 7, strike lines 22 through 27 and substitute:

"(g) KNOWINGLY MAKES, USES, OR CAUSES TO BE MADE OR USED, A
FALSE RECORD OR STATEMENT RESULTING IN THE UNDERPAYMENT OF PREMIUMS
OWED TO THE UNEMPLOYMENT COMPENSATION FUND ESTABLISHED IN SECTION
8-77-101 OR IN THE PAYMENT OF UNEMPLOYMENT INSURANCE BENEFITS OF
MORE THAN FIFTEEN THOUSAND DOLLARS IN A CALENDAR YEAR; OR".

Page 8, line 20, strike "STATE OR POLITICAL SUBDIVISION." and substitute
"STATE.".

Page 9, line 21, strike "BUSINESS" and substitute "PERSON".

Page 10, line 22, strike "IF" and substitute "SUBJECT TO SECTION 24-31-1204
(5)(e), IF".

Page 11, lines 5 and 6, strike "GENERAL, POLITICAL SUBDIVISION," and
substitute "GENERAL".

Page 11, after line 9, insert:

"(b) AN ASSURANCE OF DISCONTINUANCE OR CONSENT ORDER
ACCEPTED BY THE ATTORNEY GENERAL PRECLUDES A SEPARATE ACTION
PURSUANT TO SECTION 24-31-1204 (3) BY ANY PERSON BASED ON THE SAME
FACTUAL CIRCUMSTANCES, EXCEPT FOR AN ACTION BASED ON A VIOLATION OF
THE ASSURANCE OF DISCONTINUANCE OR CONSENT ORDER.".

Reletter succeeding paragraphs accordingly.

Page 11, line 14, strike "OR POLITICAL SUBDIVISION'S".

Page 12, strike lines 10 through 24.

Page 12, line 25, strike "(d)" and substitute "(b)".

Page 13, line 2, strike "(5)(b)(I)" and substitute "(4)(b)(I)".

Page 13, strike lines 11 through 27.

Renumber succeeding subsections accordingly.

Page 14, strike lines 1 through 17.

Page 15, lines 6 and 7, strike "STATE OR A POLITICAL SUBDIVISION THAT IS
AFFECTED BY THE VIOLATION." and substitute "STATE.".

Page 15, lines 7 and 8, strike "STATE OR POLITICAL SUBDIVISION." and substitute
"STATE.".

Page 15, line 10, strike "OR THE PROSECUTING AUTHORITY GIVE" and substitute
"GIVES".

Page 15, line 11, strike "THEIR".

Page 15, line 13, strike "STATE OR POLITICAL SUBDIVISION," and substitute
"STATE,".

Page 15, strike line 27 and substitute "STATE".

Page 16, line 1, strike "ATTORNEY GENERAL,".

Page 16, line 3, strike "IF BOTH".

Page 16, strike lines 4 through 6.

Page 16, line 24, strike "(4)(c)" and substitute "(3)(c)".

Page 17, lines 5 and 6, strike "STATE, OR A POLITICAL SUBDIVISION WITH THE
CONSENT OF THE ATTORNEY GENERAL," and substitute "STATE".

Page 18, line 8, strike "OR POLITICAL SUBDIVISION'S".

Page 18, line 25, strike "(5)(b)(III)" and substitute "(4)(b)(III)".

Page 19, lines 8 and 9, strike "OR POLITICAL SUBDIVISION'S".

Page 19, line 19, strike "OR POLITICAL SUBDIVISION'S".

Page 20, lines 4 and 5, strike "STATE OR POLITICAL SUBDIVISION." and substitute
"STATE.".

Page 20, line 12, strike "(5)(e)" and substitute "(4)(e)".

Page 20, line 18. strike "(6)(a)(II)" and substitute "(5)(a)(II)".

Page 21, line 12, strike "(6)(a)" and substitute "(5)(a)".

Page 21, line 13, strike "(6)(a)(I) OR (6)(a)(II)" and substitute "(5)(a)(I) OR
(5)(a)(II)".

Page 21, line 25, strike "(6)." and substitute "(5).".

Page 22, line 19, strike "(6)," and substitute "(5),".

Page 23, line 14, strike "OR".

Page 23, after line 14, insert:

"(II) AGAINST A SERVING ELECTED OFFICIAL OF A POLITICAL
SUBDIVISION, A MEMBER OF A POLITICAL SUBDIVISION'S JUDICIARY, OR AN
APPOINTED OFFICIAL OF A POLITICAL SUBDIVISION ACTING IN THE MEMBER'S OR
OFFICIAL'S OFFICIAL CAPACITY; OR".

Renumber succeeding subparagraph accordingly.

Page 24, line 10, strike "(7)(c)," and substitute "(6)(c),".

Page 24, line 13, strike "(7)(c)(I)" and substitute "(6)(c)(I)".

Page 24, line 21, strike "or political subdivision".

Page 25, line 27, strike "OR THE POLITICAL SUBDIVISION".

Page 26, lines 24 and 25, strike "STATE OR POLITICAL SUBDIVISION." and
substitute "STATE.".

Page 28, line 1, strike "(9)(d)(II)" and substitute "(8)(d)(II)".

Page 28, line 22, strike "(9)(e)" and substitute "(8)(e)".

Page 29, line 17, strike "(10)" and substitute "(9)".

Page 30, lines 8 and 9, strike "SECTION, THE ATTORNEY GENERAL, OR THE
PROSECUTING AUTHORITY" and substitute "SECTION OR THE ATTORNEY
GENERAL".

Page 30, line 16, strike "OR PROSECUTING AUTHORITY".

Page 30, line 21, strike "(10)" and substitute "(9)".

Page 32, lines 3 and 4, strike "OR POLITICAL SUBDIVISION'S".

Page 32, line 8, strike "STATE, POLITICAL SUBDIVISION," and substitute "STATE".

Page 37, after line 20, insert:

"(IV) FOR THE PURPOSES OF A FALSE CLAIMS ACTION INVOLVING THE
UNDERPAYMENT OF UNEMPLOYMENT INSURANCE PREMIUMS, THE RELEVANT
FUND IS THE UNEMPLOYMENT COMPENSATION FUND ESTABLISHED IN SECTION
8-77-101.".

Strike "OR A POLITICAL SUBDIVISION" on Page 6, line 19; Page 9, line 7, Page
10, lines 1 and 22; Page 17, lines 13 and 14; Page 20, lines 18 and 19; Page 21,
lines 20 and 21; Page 22, lines 11 and 12, and 27; Page 23, line 23; Page 24,
lines 4 and 22; Page 31, lines 13 and 14, and 17; Page 32, lines 14 and 15.

Strike "OR POLITICAL SUBDIVISION" on Page 6, line 23; Page 10, line 24; Page
11, lines 11, 13, 18 and 26 and 27; Page 16, lines 13, 25, and 26 and 27; Page
17, lines 9 and 10, 20, 23, and 26; Page 18, lines 5 and 26; Page 19, lines 7, 12
and 13, 15 and 16, 17, 22, and 24 and 25; Page 20, line 3; Page 21, lines 23 and
26; Page 22, line 26; Page 23, line 17; Page 24, lines 7, 13 and 14, 18 and 19;
Page 25, line 23; Page 27, line 1; Page 28, line 6; Page 29, lines 24 and 25;
Page 30, lines 3 and 4, and 18; Page 31, lines 19, 22, 25; Page 32, line 1.

Strike "(4)(b)" and substitute "(3)(b)" on: Page 9, line 9; Page 16, lines 8, 15,
and 23; Page 17, line 19; Page 21, line 27; Page 22, line 13; Page 23, line 2;
and Page 24, line 5.

Strike "(4)" and substitute "(3)" on: Page 11, line 7; Page 17, lines 5, 10, and
15; Page 20, lines 2, 7, and 20; Page 23, lines 16, 20, and 25; Page 24, lines 20
and 24; Page 25, line 6; Page 27, line 7; Page 28, line 19; Page 29, lines 3, 9,
11, 13, 15, 17, 21, and 26; Page 30, lines 5, 8, 14, and 23; and Page 32, lines
3, and 9.

Strike "(9)" and substitute "(8)" on: Page 24, line 26; Page 27, lines 5, 9, and
11; Page 28, lines 7 and 17; and Page 29, line 5.

Judiciary