Bill Summary for S 378 (2017-2018)

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Summary date: 

Mar 23 2017

Bill Information:

View NCGA Bill Details2017-2018 Session
Senate Bill 378 (Public) Filed Thursday, March 23, 2017
AN ACT TO ALIGN THE NORTH CAROLINA FALSE CLAIMS ACT WITH THE FEDERAL FALSE CLAIMS ACT.
Intro. by Hise, Pate, Krawiec.

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Bill summary

Amends GS 1-606(7) to delete the definition ofpublic employee, public official,and public employment.

Amends GS 1-607 to allow the upper limit for the civil penalty for violations of the NC False Claims Act, currently $11,000, to be adjusted by Section 5 of the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended. Provides in GS 1-608 that actions filed under the NC False Claims Act may be dismissed only if the court and the Attorney General have given written consent to the dismissal and the reasons for consenting (currently, only required when the qui tam plaintiff tries to dismiss, and only requires written consent, and not the reasons for consent). Revises the provision prohibiting any person other than the State from intervening under false claims actions to apply only to actions filed under the NC False Claims Act (currently includes the federal False Claims Act, or any similar provision in any other state).

Amends GS 1-610(b), concerning awards to qui tam plaintiffs in false claims actions based primarily on information other than that provided by the qui tam plaintiff, to only consider allegations or transactions in specified state governmental proceedings and news media reports (currently, state and federal governmental proceedings, and news media reports).

Amends GS 1-611 to eliminate the provision prohibiting public employees, etc, from bringing false claims actions. Revises the prohibition in GS 1-611 based on public disclosure of allegations or transactions to include only specified state governmental proceedings, and media reports (currently, state and federal governmental proceedings, and news media reports). Directs the court to dismiss an action as described in that prohibition (currently provides that the court has no jurisdiction over such actions). Revises the definition of an original source allowed to still bring such an action to require the individual to have voluntarily disclosed to the State the information on which allegations or transactions are based, or the individual has knowledge that is independent of, and materially adds to, the publicly disclosed allegations or transactions and has voluntarily provided the information to the State before filing the action.

Amends GS 1-613 to clarify that the relief includes relief necessary to make employees, contractors, or agents whole (currently just employees). Provides a three-year statute of limitations for claims based on retaliation under this statute. Makes technical changes.

Applies to actions brought on or after the date on which the bill becomes law.