Chapter 227
2012 -- H 7950 SUBSTITUTE A
Enacted 06/13/12
A N A C T
RELATING TO
COURTS AND CIVIL PROCEDURE - FALSE CLAIM ACT
Introduced By: Representatives DeSimone, Slater, and Carnevale
Date Introduced: March 14, 2012
It is enacted by the
General Assembly as follows:
SECTION 1. Sections 9-1.1-2, 9-1.1-4, 9-1.1-6 and 9-1.1-8 of
the General Laws in
Chapter 9-1.1 entitled
"The State False Claim Act" are hereby
amended to read as follows:
9-1.1-2.
Definitions. -- As used in this chapter:
(a) "State"
means the state of
political subdivision meaning any city, town, county
or other governmental entity authorized or
created by state law, including public corporations
and authorities.
(b) "Guard"
means the Rhode Island National Guard.
(c)
"Investigation" means any inquiry conducted by any investigator for
the purpose of
ascertaining whether any person is or has been engaged
in any violation of this chapter.
(d)
"Investigator" means a person who is charged by the
solicitor,
or his or her designee with the duty of conducting any investigation
under this act, or
any officer or employee of the State acting under the
direction and supervision of the department
of attorney general.
(e) "Documentary
material" includes the original or any copy of any book, record, report,
memorandum, paper, communication, tabulation, chart, or
other document, or data compilations
stored in or accessible through computer or other
information retrieval systems, together with
instructions and all other materials necessary to use
or interpret such data compilations, and any
product of discovery.
(f)
"Custodian" means the custodian, or any deputy custodian, designated
by the attorney
general or a solicitor under section 9-1.1-6 of
the
(g) "Product of
discovery" includes:
(1) The original or
duplicate of any deposition, interrogatory, document, thing, result of
the inspection of land or other property, examination,
or admission, which is obtained by any
method of discovery in any judicial or administrative
proceeding of an adversarial nature;
(2) Any digest,
analysis, selection, compilation, or derivation of any item listed in
paragraph (1); and
(3) Any index or other
manner of access to any item listed in paragraph (1).
(7) “Solicitor”
means a municipality, acting through its city or town solicitor or other
duly appointed legal counsel.
9-1.1-4. Civil
actions for false claims. -- (a) Responsibilities of the attorney
general and
solicitor. -
The attorney general or solicitor diligently shall investigate a
violation under section 9-
1.1-3 of this section. If under this section the
attorney general or solicitor finds that a person has
violated or is violating section 9-1.1-3 the attorney
general or solicitor may bring a civil action
under this section against the person.
(b) Actions by private
persons.
(1) A person may bring
a civil action for a violation of section 9-1.1-3 for the person and
for the state. The action shall be brought in the name
of the state. The action may be dismissed
only if the court and the attorney general give
written consent to the dismissal and their reasons
for consenting.
(2) A copy of the
complaint and written disclosure of substantially all material evidence
and information the person possesses shall be served
on the state upon the attorney general. The
complaint shall be filed in camera, shall remain under
seal for at least sixty (60) days, and shall
not be served on the defendant until the court so
orders. The state may elect to intervene and
proceed with the action within sixty (60) days after
it receives both the complaint and the material
evidence and information.
(3) The state may, for
good cause shown, move the court for extensions of the time
during which the complaint remains under seal under
paragraph (2). Any such motions may be
supported by affidavits or other submissions in
camera. The defendant shall not be required to
respond to any complaint filed under this section
until twenty (20) days after the complaint is
unsealed and served upon the defendant.
(4) Before the
expiration of the sixty (60) day period or any extensions obtained under
paragraph (3), the state shall:
(A) Proceed with the
action, in which case the action shall be conducted by the state; or
(B) Notify the court
that it declines to take over the action, in which case the person
bringing the action shall have the right to conduct
the action.
(5) When a person
brings an action under this subsection (b), no person other than the
state may intervene or bring a related action based on
the facts underlying the pending action.
(c) Rights of the
parties to Qui Tam actions.
(1) If the state
proceeds with the action, it shall have the primary responsibility for
prosecuting the action, and shall not be bound by an
act of the person bringing the action. Such
person shall have the right to continue as a party to
the action, subject to the limitations set forth
in paragraph (2).
(2) (A) The state may
dismiss the action notwithstanding the objections of the person
initiating the action if the person has been notified
by the state of the filing of the motion and the
court has provided the person with an opportunity for
a hearing on the motion.
(B) The state may
settle the action with the defendant notwithstanding the objections of
the person initiating the action if the court
determines, after a hearing, that the proposed
settlement is fair, adequate, and reasonable under all
the circumstances. Upon a showing of good
cause, such hearing may be held in camera.
(C) Upon a showing by
the state that unrestricted participation during the course of the
litigation by the person initiating the action would
interfere with or unduly delay the state's
prosecution of the case, or would be repetitious,
irrelevant, or for purposes of harassment, the
court may, in its discretion, impose limitations on
the person's participation, such as:
(i)
Limiting the number of witnesses the person may call:
(ii) Limiting the
length of the testimony of such witnesses;
(iii) Limiting the
person's cross-examination of witnesses; or
(iv) Otherwise limiting
the participation by the person in the litigation.
(D) Upon a showing by
the defendant that unrestricted participation during the course of
the litigation by the person initiating the action
would be for purposes of harassment or would
cause the defendant undue burden or unnecessary
expense, the court may limit the participation
by the person in the litigation.
(3) If the state elects
not to proceed with the action, the person who initiated the action
shall have the right to conduct the action. If the
state so requests, it shall be served with copies of
all pleadings filed in the action and shall be
supplied with copies of all deposition transcripts (at
the state's expense). When a person proceeds with the
action, the court, without limiting the status
and rights of the person initiating the action, may
nevertheless permit the State to intervene at a
later date upon a showing of good cause.
(4) Whether or not the
state proceeds with the action, upon a showing by the state that
certain actions of discovery by the person initiating
the action would interfere with the state's
investigation or prosecution of a criminal or civil
matter arising out of the same facts, the court
may stay such discovery for a period of not more than
sixty (60) days. Such a showing shall be
conducted in camera. The court may extend the sixty
(60) day period upon a further showing in
camera that the state has pursued the criminal or
civil investigation or proceedings with
reasonable diligence and any proposed discovery in the
civil action will interfere with the
ongoing criminal or civil investigation or
proceedings.
(5) Notwithstanding
subsection (b), the state may elect to pursue its claim through any
alternate remedy available to the state, including any
administrative proceeding to determine a
civil money penalty. If any such alternate remedy is
pursued in another proceeding, the person
initiating the action shall have the same rights in
such proceeding as such person would have had
if the action had continued under this section. Any
finding of fact or conclusion of law made in
such other proceeding that has become final shall be
conclusive on all parties to an action under
this section. For purposes of the preceding sentence,
a finding or conclusion is final if it has been
finally determined on appeal to the appropriate court,
if all time for filing such an appeal with
respect to the finding or conclusion has expired, or
if the finding or conclusion is not subject to
judicial review.
(d) Award to Qui Tam
plaintiff.
(1) If the State
proceeds with an action brought by a person under subsection 9-1.1-4(b),
such person shall, subject to the second sentence of
this paragraph, receive at least fifteen percent
(15%) but not more than twenty-five percent (25%) of
the proceeds of the action or settlement of
the claim, depending upon the extent to which the
person substantially contributed to the
prosecution of the action. Where the action is one
which the court finds to be based primarily on
disclosures of specific information (other than
information provided by the person bringing the
action) relating to allegations or transactions in a
criminal, civil, or administrative hearing, in a
legislative, administrative, or Auditor General's
report, hearing, audit, or investigation, or from
the news media, the court may award such sums as it
considers appropriate, but in no case more
than ten percent (10%) of the proceeds, taking into
account the significance of the information
and the role of the person bringing the action in
advancing the case to litigation. Any payment to
a person under the first or second sentence of this
paragraph (1) shall be made from the proceeds.
Any such person shall also receive an amount for
reasonable expenses which the court finds to
have been necessarily incurred, plus reasonable
attorneys' fees and costs. The state shall also
receive an amount for reasonable expenses which the
court finds to have been necessarily
incurred by the attorney general, including reasonable
attorneys' fees and costs, and the amount
received shall be deposited in the false claims act
fund created under this chapter. All such
expenses, fees, and costs shall be awarded against the
defendant.
(2) If the state does
not proceed with an action under this section, the person bringing the
action or settling the claim shall receive an amount
which the court decides is reasonable for
collecting the civil penalty and damages. The amount
shall be not less than twenty-five percent
(25%) and not more than thirty percent (30%) of the
proceeds of the action or settlement and shall
be paid out of such proceeds. Such person shall also
receive an amount for reasonable expenses
which the court finds to have been necessarily
incurred, plus reasonable attorneys' fees and costs.
All such expenses, fees, and costs shall be awarded
against the defendant.
(3) Whether or not the
state proceeds with the action, if the court finds that the action
was brought by a person who planned and initiated the
violation of section 9-1.1-3 upon which
the action was brought, then the court may, to the
extent the court considers appropriate, reduce
the share of the proceeds of the action which the
person would otherwise receive under paragraph
(1) or (2) of this subsection (d), taking into account
the role of that person in advancing the case
to litigation and any relevant circumstances
pertaining to the violation. If the person bringing the
action is convicted of criminal conduct arising from
his or her role in the violation of section 9-
1.1-3, that person shall be dismissed from the civil
action and shall not receive any share of the
proceeds of the action. Such dismissal shall not
prejudice the right of the state to continue the
action.
(4) If the state does
not proceed with the action and the person bringing the action
conducts the action, the court may award to the
defendant its reasonable attorneys' fees and
expenses if the defendant prevails in the action and
the court finds that the claim of the person
bringing the action was clearly frivolous, clearly
vexatious, or brought primarily for purposes of
harassment.
(e) Certain actions
barred.
(1) No court shall have
jurisdiction over an action brought by a former or present
member of the guard under subsection 9-1.1-4(b)
(actions by private persons) against a member
of the guard arising out of such person's service in
the guard.
(2) No court shall have
jurisdiction over an action brought pursuant to subsection 9-1.1-
4(b) (actions by private persons) against the
governor, lieutenant governor, the attorney general,
members of the general assembly, a member of the
judiciary, the treasurer, secretary of state, the
auditor general, any director of a state agency, and
any other individual appointed to office by the
governor if the action is based on evidence or
information known to the state when the action was
brought.
(3) In no event may a
person bring an action under subsection 9-1.1-4(b) which is based
upon allegations or transactions which are the subject
of a civil suit or an administrative civil
money penalty proceeding in which the state is already
a party.
(4) (A) No court shall
have jurisdiction over an action under this section based upon the
public disclosure of allegations or transactions in a
criminal, civil, or administrative hearing, in a
legislative, administrative, or auditor general's
report, hearing, audit, or investigation, or from the
news media, unless the action is brought by the
attorney general or the person bringing the action
is an original source of the information.
(B) For purposes of
this exclusion, "original source" means an individual who has direct
and independent knowledge of the information on which
the allegations are based and has
voluntarily provided the information to the state
before filing an action under this section which is
based on the information.
(f) State not liable
for certain expenses. - The state is not liable for expenses which a
person incurs in bringing an action under this
section.
(g) Any employee who is
discharged, demoted, suspended, threatened, harassed, or in
any other manner discriminated against in the terms
and conditions of employment by his or her
employer because of lawful acts done by the employee
on behalf of the employee or others in
furtherance of an action under this section, including
investigation for, initiation of, testimony for,
or assistance in an action filed or to be filed under
this section, shall be entitled to all relief
necessary to make the employee whole. Such relief
shall include reinstatement with the seniority
status such employee would have had but for the
discrimination, two (2) times the amount of
back pay, interest on the back pay, and compensation
for any special damages sustained as a
result of the discrimination, including litigation
costs and reasonable attorneys' fees. An employee
may bring an action in the appropriate superior court
for the relief provided in this subsection 9-
1.1-4(g).
9-1.1-6.
Subpoenas. -- (a) In general:
(1) Issuance and
service. - Whenever the attorney general or solicitor has reason to
believe that any person may be in possession, custody,
or control of any documentary material or
information relevant to an investigation, the attorney
general or solicitor may, before
commencing a civil proceeding under this act, issue in
writing and cause to be served upon such
person, a subpoena requiring such person:
(A) To produce such documentary
material for inspection and copying,
(B) To answer, in
writing, written interrogatories with respect to such documentary
material or information,
(C) To give oral
testimony concerning such documentary material or information, or
(D) To furnish any
combination of such material, answers, or testimony.
The attorney general
may delegate the authority to issue subpoenas under this subsection
(a) to the sate police subject to conditions as the
attorney general deems appropriate. Whenever a
subpoena is an express demand for any product of
discovery, the attorney general , solicitor, or
respective or
his or her delegate shall cause to be served, in any manner authorized by
this
section, a copy of such demand upon the person from
whom the discovery was obtained and shall
notify the person to whom such demand is issued of the
date on which such copy was served.
(2) Where a subpoena
requires the production of documentary material, the respondent
shall produce the original of the documentary material,
provided, however, that the attorney
general or solicitor may agree that copies may be
substituted for the originals. All documentary
material kept or stored in electronic form, including
electronic mail, shall be produced in hard
copy, unless the attorney general or solicitor
agrees that electronic versions may be substituted for
the hard copy. The production of documentary material
shall be made at the respondent's
expense.
(3) Contents and
deadlines. - Each subpoena issued under paragraph (1):
(A) Shall state the
nature of the conduct constituting an alleged violation that is under
investigation and the applicable provision of law
alleged to be violated.
(B) Shall identify the
individual causing the subpoena to be served and to whom
communications regarding the subpoena should be
directed.
(C) Shall state the
date, place, and time at which the person is required to appear,
produce written answers to interrogatories, produce
documentary material or give oral testimony.
The date shall not be less than ten (10) days from the
date of service of the subpoena. Compliance
with the subpoena shall be at the office of the
attorney general or solicitor.
(D) If the subpoena is
for documentary material or interrogatories, shall describe the
documents or information requested with specificity.
(E) Shall notify the
person of the right to be assisted by counsel.
(F) Shall advise that the
person has twenty (20) days from the date of service or up until
the return date specified in the demand, whichever
date is earlier, to move, modify, or set aside
the subpoena pursuant to subparagraph (j)(2)(A) of
this section.
(b) Protected material
or information.
(1) In general. - A
subpoena issued under subsection (a) may not require the production
of any documentary material, the submission of any
answers to written interrogatories, or the
giving of any oral testimony if such material,
answers, or testimony would be protected from
disclosure under:
(A) The standards
applicable to subpoenas or subpoenas duces tecum issued by a court
of this state to aid in a grand jury investigation; or
(B) The standards
applicable to discovery requests under the
rules of civil procedure, to the extent that the
application of such standards to any such subpoena
is appropriate and consistent with the provisions and
purposes of this section.
(2) Effect on other
orders, rules, and laws. - Any such subpoena which is an express
demand for any product of discovery supersedes any
inconsistent order, rule, or provision of law
(other than this section) preventing or restraining
disclosure of such product of discovery to any
person. Disclosure of any product of discovery
pursuant to any such subpoena does not constitute
a waiver of any right or privilege which the person
making such disclosure may be entitled to
invoke to resist discovery of trial preparation materials.
(c) Service in general.
- Any subpoena issued under subsection (a) may be served by any
person so authorized by the attorney general or by any
person authorized to serve process on
individuals within
court rules of civil procedure or as otherwise set
forth in this chapter.
(d) Service upon legal
entities and natural persons.
(1) Legal entities. -
Service of any subpoena issued under subsection (a) or of any
petition filed under subsection (j) may be made upon a
partnership, corporation, association, or
other legal entity by:
(A) Delivering an
executed copy of such subpoena or petition to any partner, executive
officer, managing agent, general agent, or registered
agent of the partnership, corporation,
association or entity;
(B) Delivering an
executed copy of such subpoena or petition to the principal office or
place of business of the partnership, corporation,
association, or entity; or
(C) Depositing an
executed copy of such subpoena or petition in the
by registered or certified mail, with a return receipt
requested, addressed to such partnership,
corporation, association, or entity as its principal
office or place of business.
(2) Natural person. -
Service of any such subpoena or petition may be made upon any
natural person by:
(A) Delivering an
executed copy of such subpoena or petition to the person; or
(B) Depositing an
executed copy of such subpoena or petition in the
by registered or certified mail, with a return receipt
requested, addressed to the person at the
person's residence or principal office or place of
business.
(e) Proof of service. -
A verified return by the individual serving any subpoena issued
under subsection (a) or any petition filed under
subsection (j) setting forth the manner of such
service shall be proof of such service. In the case of
service by registered or certified mail, such
return shall be accompanied by the return post office
receipt of delivery of such subpoena.
(f) Documentary
material.
(1) Sworn certificates.
- The production of documentary material in response to a
subpoena served under this Section shall be made under
a sworn certificate, in such form as the
subpoena designates, by:
(A) In the case of a
natural person, the person to whom the subpoena is directed, or
(B) In the case of a
person other than a natural person, a person having knowledge of the
facts and circumstances relating to such production
and authorized to act on behalf of such
person. The certificate shall state that all of the
documentary material required by the demand and
in the possession, custody, or control of the person
to whom the subpoena is directed has been
produced and made available to the attorney general or
solicitor.
(2) Production of
materials. - Any person upon whom any subpoena for the production
of documentary material has been served under this
section shall make such material available for
inspection and copying to the attorney general or
solicitor at the place designated in the subpoena,
or at such other place as the attorney general or
solicitor and the person thereafter may agree and
prescribe in writing, or as the court may direct under
subsection (j)(1). Such material shall be
made so available on the return date specified in such
subpoena, or on such later date as the
attorney general or solicitor may prescribe in
writing. Such person may, upon written agreement
between the person and the attorney general or
solicitor, substitute copies for originals of all or
any part of such material.
(g) Interrogatories. -
Each interrogatory in a subpoena served under this section shall be
answered separately and fully in writing under oath
and shall be submitted under a sworn
certificate, in such form as the subpoena designates
by:
(1) In the case of a
natural person, the person to whom the subpoena is directed, or
(2) In the case of a
person other than a natural person, the person or persons responsible
for answering each interrogatory. If any interrogatory
is objected to, the reasons for the objection
shall be stated in the certificate instead of an
answer. The certificate shall state that all
information required by the subpoena and in the
possession, custody, control, or knowledge of the
person to whom the demand is directed has been
submitted. To the extent that any information is
not furnished, the information shall be identified and
reasons set forth with particularity regarding
the reasons why the information was not furnished.
(h) Oral examinations.
(1) Procedures. - The
examination of any person pursuant to a subpoena for oral
testimony served under this section shall be taken
before an officer authorized to administer oaths
and affirmations by the laws of this state or of the
place where the examination is held. The
officer before whom the testimony is to be taken shall
put the witness on oath or affirmation and
shall, personally or by someone acting under the
direction of the officer and in the officer's
presence, record the testimony of the witness. The
testimony shall be taken stenographically and
shall be transcribed. When the testimony is fully
transcribed, the officer before whom the
testimony is taken shall promptly transmit a certified
copy of the transcript of the testimony in
accordance with the instructions of the attorney
general or solicitor. This subsection shall not
preclude the taking of testimony by any means
authorized by, and in a manner consistent with,
the
(2) Persons present. - The
investigator conducting the examination shall exclude from
the place where the examination is held all persons
except the person giving the testimony, the
attorney for and any other representative of the
person giving the testimony, the attorney for the
state, any person who may be agreed upon by the
attorney for the state and the person giving the
testimony, the officer before whom the testimony is to
be taken, and any stenographer taking such
testimony.
(3) Where testimony
taken. - The oral testimony of any person taken pursuant to a
subpoena served under this section shall be taken in
the county within which such person resides,
is found, or transacts business, or in such other
place as may be agreed upon by the attorney
general or solicitor and such person.
(4) Transcript of
testimony. - When the testimony is fully transcribed, the attorney
general or solicitor or the officer before whom
the testimony is taken shall afford the witness,
who may be accompanied by counsel, a reasonable
opportunity to review and correct the
transcript, in accordance with the rules applicable to
deposition witnesses in civil cases. Upon
payment of reasonable charges, the attorney general or
solicitor shall furnish a copy of the
transcript to the witness, except that the attorney
general or solicitor may, for good cause, limit
the witness to inspection of the official transcript
of the witness' testimony.
(5) Conduct of oral
testimony.
(A) Any person compelled
to appear for oral testimony under a subpoena issued under
subsection (a) may be accompanied, represented, and
advised by counsel, who may raise
objections based on matters of privilege in accordance
with the rules applicable to depositions in
civil cases. If such person refuses to answer any
question, a petition may be filed in superior court
under subsection (j)(1) for an order compelling such
person to answer such question.
(B) If such person
refuses any question on the grounds of the privilege against self-
incrimination, the testimony of such person may be
compelled in accordance with rules of
criminal procedure.
(6) Witness fees and
allowances. - Any person appearing for oral testimony under a
subpoena issued under subsection 9-1.1-6(a) shall be
entitled to the same fees and allowances
which are paid to witnesses in the superior court.
(7) Custodians of
documents, answers, and transcripts.
(A) Designation. - The
attorney general, solicitor, or their respective or his or her
delegate shall serve as custodian of documentary
material, answers to interrogatories, and
transcripts of oral testimony received under this
section.
(B) Except as otherwise
provided in this section, no documentary material, answers to
interrogatories, or transcripts of oral testimony, or
copies thereof, while in the possession of the
custodian, shall be available for examination by any
individual, except as determined necessary
by the attorney general or solicitor and
subject to the conditions imposed by him or her for
effective enforcement of the laws of this state, or as
otherwise provided by court order.
(C) Conditions for
return of material. - If any documentary material has been produced
by any person in the course of any investigation
pursuant to a subpoena under this section and:
(i)
Any case or proceeding before the court or grand jury arising out of such
investigation, or any proceeding before any state
agency involving such material, has been
completed, or
(ii) No case or
proceeding in which such material may be used has been commenced
within a reasonable time after completion of the
examination and analysis of all documentary
material and other information assembled in the course
of such investigation, the custodian shall,
upon written request of the person who produced such
material, return to such person any such
material which has not passed into the control of any
court, grand jury, or agency through
introduction into the record of such case or
proceeding.
(j) Judicial
proceedings.
(1) Petition for
enforcement. - Whenever any person fails to comply with any subpoena
issued under subsection (a), or whenever satisfactory
copying or reproduction of any material
requested in such demand cannot be done and such
person refuses to surrender such material, the
attorney general or solicitor may file, in the
superior court of the county in which such person
resides, is found, or transacts business, or the
superior court in the he county in which an action
filed pursuant to section 9-1.1-4 is pending if the
action relates to the subject matter of the
subpoena and serve upon such person a petition for an
order of such court for the enforcement of
the subpoena.
(2) Petition to modify
or set aside subpoena.
(A) Any person who has
received a subpoena issued under subsection (a) may file, in the
superior court of any county within which such person
resides, is found, or transacts business, and
serve upon the attorney general a petition for an
order of the court to modify or set aside such
subpoena. In the case of a petition addressed to an
express demand for any product of discovery,
a petition to modify or set aside such demand may be
brought only in the superior court of the
county in which the proceeding in which such discovery
was obtained is or was last pending. Any
petition under this subparagraph (a) must be filed:
(i)
Within twenty (20) days after the date of service of the subpoena, or at any
time
before the return date specified in the subpoena,
whichever date is earlier, or
(ii) Within such longer
period as may be prescribed in writing by the attorney general or
solicitor.
(B) The petition shall
specify each ground upon which the petitioner relies in seeking
relief under subparagraph (a), and may be based upon
any failure of the subpoena to comply with
the provisions of this section or upon any
constitutional or other legal right or privilege of such
person. During the pendency of the petition in the
court, the court may stay, as it deems proper,
the running of the time allowed for compliance with
the subpoena, in whole or in part, except that
the person filing the petition shall comply with any
portion of the subpoena not sought to be
modified or set aside.
(3) Petition to modify
or set aside demand for product of discovery. In the case of any
subpoena issued under subsection (a) which is an
express demand for any product of discovery,
the person from whom such discovery was obtained may
file, in the superior court of the county
in which the proceeding in which such discovery was
obtained is or was last pending, a petition
for an order of such court to modify or set aside
those portions of the subpoena requiring
production of any such product of discovery, subject
to the same terms, conditions, and
limitations set forth in subparagraph (j)(2) of this
section.
(4) Jurisdiction. -
Whenever any petition is filed in any superior court under this
subsection (j), such court shall have jurisdiction to
hear and determine the matter so presented,
and to enter such orders as may be required to carry
out the provisions of this section. Any final
order so entered shall be subject to appeal in the
same manner as appeals of other final orders in
civil matters. Any disobedience of any final order
entered under this section by any court shall be
punished as a contempt of the court.
(k) Disclosure
exemption. - Any documentary material, answers to written
interrogatories, or oral testimony provided under any
subpoena issued under subsection (a) shall
be exempt from disclosure under the
9-1.1-8. Funds. --
There is hereby created a separate fund entitled the false claims act
fund. All proceeds of an action or settlement of a
claim brought under this chapter shall be
deposited in the fund., with the exception
of actions brought directly by a solicitor, in which case
the proceeds of an action or settlement of a claim
brought under this chapter shall be provided to
the respective municipality.
SECTION
2. Chapter 9-1.1 of the General Laws entitled "The State False Claim
Act" is
hereby amended by adding
thereto the following section:
9-1.1-9. Powers
conferred upon municipal solicitors. – All powers conferred under
this
chapter upon the attorney general with regard to the
state are conferred upon solicitors with
regard to their respective municipalities in matters
involving an action under the false claims act.
SECTION 3. This act
shall take effect upon passage.
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LC01449/SUB A
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