Bill Text: HI SB2744 | 2018 | Regular Session | Amended
Bill Title: Relating To False Claims To The State.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2018-03-22 - Passed Second Reading as amended in HD 1 and referred to the committee(s) on FIN with none voting aye with reservations; none voting no (0) and Representative(s) Fukumoto, Johanson, C. Lee, Souki, Todd excused (5). [SB2744 Detail]
Download: Hawaii-2018-SB2744-Amended.html
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THE SENATE |
S.B. NO. |
2744 |
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TWENTY-NINTH LEGISLATURE, 2018 |
S.D. 2 |
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STATE OF HAWAII |
H.D. 1 |
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A BILL FOR AN ACT
RELATING TO FALSE CLAIMS TO THE STATE.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 661-21, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Notwithstanding section 661-7 to the contrary, any person who:
(1) Knowingly presents, or causes to be presented, a false or fraudulent claim for payment or approval;
(2) Knowingly makes, uses, or causes to be made or used, a false record or statement material to a false or fraudulent claim;
(3) Has possession, custody, or control of property or money used, or to be used, by the State and, intending to defraud the State or to wilfully conceal the property, delivers, or causes to be delivered, less property than the amount for which the person receives a certificate or receipt;
(4) Is authorized to make or deliver a document certifying receipt of property used, or to be used by the State and, intending to defraud the State, makes or delivers the receipt without completely knowing that the information on the receipt is true;
(5) Knowingly buys, or receives as a pledge of an obligation or debt, public property from any officer or employee of the State who is not lawfully authorized to sell or pledge the property;
(6) Knowingly makes, uses, or causes to be made or used, a false record or statement material to an obligation to pay or transmit money or property to the State, or knowingly conceals, or knowingly and improperly avoids or decreases an obligation to pay or transmit money or property to the State;
(7) Is a beneficiary of an inadvertent submission of a false claim to the State, who subsequently discovers the falsity of the claim, and fails to disclose the false claim to the State within a reasonable time after discovery of the false claim; or
(8) Conspires to commit any of the conduct
described in this subsection,
shall be liable to the State for a civil penalty of
not less than $5,500 and not more than $11,000[, plus three times the amount
of damages that the State sustains due to the act of that person.];
provided that these upper and lower limits
on liability shall automatically increase to equal the civil penalty allowed
under the federal False Claims Act, title 31 United States Code section 3729,
et seq., if and as the penalties in that federal Act may be adjusted for
inflation as described in that Act, in accordance with the Federal Civil
Penalties Inflation Adjustment Act of 1990, P.L. 101-410; provided further that
the penalty shall be increased by three times the amount of damages that the
State sustained because of the person's acts."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect on July 1, 2050.
Report Title:
False Claims to the State
Description:
Amends false claims to the State statute by automatically increasing penalties to maintain consistency with the federal False Claims Act and to comply with the Federal Civil Penalties Inflation Adjustment Act of 1990. (SB2744 HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
