Bill Text: NJ A2165 | 2012-2013 | Regular Session | Introduced
Bill Title: Clarifies the effective date of the "New Jersey False Claims Act."
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2012-06-28 - Received in the Senate, Referred to Senate Judiciary Committee [A2165 Detail]
Download: New_Jersey-2012-A2165-Introduced.html
Sponsored by:
Assemblyman HERB CONAWAY, JR.
District 7 (Burlington)
SYNOPSIS
Clarifies the effective date of the "New Jersey False Claims Act."
CURRENT VERSION OF TEXT
As introduced.
An Act concerning false claims and amending P.L.2007, c.265.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 11 of P.L.2007, c.265 (C.2A:32C-11) is amended to read as follows:
11. a. A civil action under [this act] P.L.2007, c.265 (C.2A:32C-1 et seq.) may not be brought:
[a.] (1) More than six years after the date on which the violation of the act is committed; or
[b.] (2) More than three years after the date when facts material to the right of action are known or reasonably should have been known by the State official charged with responsibility to act in the circumstances, but in no event more than 10 years after the date on which the violation is committed, whichever occurs last.
b. P.L.2007, c.265 (C.2A:32C-1 et seq.) shall apply, subject to the limitations set forth in subsection a. of this section, to any act which occurred prior to, on, or subsequent to the effective date of the "New Jersey False Claims Act," P.L.2007, c.265 (C.2A:32C-1 et seq.), except that P.L.2007, c.265 (C.2A:32C-1 et seq.) shall not apply to any act in violation of the "New Jersey Medical Assistance and Health Services Act," P.L.1968, c.413 (C.30:4D-1 et seq.) which occurred prior to the effective date of the "New Jersey False Claims Act," P.L.2007, c.265 (C.2A:32C-1 et seq.) and as to which a complaint had not been filed prior to the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill).
(cf: P.L.2007, c.265, s.11)
2. This act shall take effect immediately.
STATEMENT
This bill would clarify the effective date of the "New Jersey False Claims Act," P.L.2007, c.265 (C.2A:32C-1 et seq.).
The False Claims Act imposes civil penalties on any person who submits a claim to the State that he knows or should know is false. The False Claims Act also authorizes the Attorney General, on behalf of the State, to bring a civil action against the person to recover any funds fraudulently obtained. In addition, the False Claims Act allows a private individual who has knowledge of the fraud to bring the civil action. Depending on the circumstances, the private individual may be entitled to receive a percentage of the funds collected.
The False Claims Act, which was signed on January13, 2008, took effect on March 13, 2008. This bill would clarify that the False Claims Act was intended to apply to circumstances that existed at the time of, and prior to, enactment, subject to the statute of limitations set forth in N.J.S.A.2A:32C-11.
The statute of limitations in the False Claims Act, which would not be changed by this bill, provides that the civil action may not be brought:
1) More than six years after the date on which the violation is committed; or
2) More than three years after the date when facts material to the right of action are known or reasonable should have been known by the State official charged with responsibility to act in the circumstances, but in no event more than 10 years after the date on which the violation is committed, whichever occurs last.
The bill also provides that False Claims Act does not apply to any act in violation of the "New Jersey Medical Assistance and Health Services Act," N.J.S.A.30:4D-1 et seq., which occurred prior to the effective date of the False Claims Act and as to which a complaint had not been filed prior to the effective date of this bill.
