Va. Fraud Against Taxpayers Act; designee of Attorney General may issue civil investigative demands. (SB1262)

Introduced By

Sen. Jill Holtzman Vogel (R-Winchester)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Virginia Fraud Against Taxpayers Act.  Provides that a designee of the Attorney General may issue civil investigative demands. The bill also provides that information obtained by the Attorney General or his designee pursuant to the issuance of a civil investigative demand may be shared with any qui tam relator if the Attorney General or his designee determines that such information is necessary as part of any false claims investigation. In addition, the bill changes the elements of offenses that make persons liable to the Commonwealth under the Act. Under current law, a person is civilly liable to the Commonwealth if he (i) knowingly presents to an officer or employee of the Commonwealth a false or fraudulent claim for payment or approval; (ii) knowingly makes a false record to get a false or fraudulent claim paid or approved by the Commonwealth; (iii) has possession of property used by the Commonwealth and, intending to defraud the Commonwealth, knowingly delivers less property than the amount for which the person receives a certificate or receipt; or (iv) conspires to do any act described in clauses (i) through (iii). Under the bill, a person is civilly liable to the Commonwealth if he, respectively, (a) knowingly presents a false or fraudulent claim for payment or approval (regardless of to whom the claim is made); (b) knowingly makes a false record material to a false or fraudulent claim (regardless of whether the claim was paid or approved by the Commonwealth); (c) has possession of property used by the Commonwealth and delivers less than all such money or property (regardless of whether the person intends to defraud the Commonwealth); or (d) conspires to do any act described in clauses (a) through (c). Read the Bill »

Outcome

Bill Has Passed

History

DateAction
01/12/2011Prefiled and ordered printed; offered 01/12/11 11102826D
01/12/2011Referred to Committee for Courts of Justice
01/18/2011Assigned Courts sub: Civil
01/31/2011Reported from Courts of Justice with amendments (15-Y 0-N) (see vote tally)
02/01/2011Constitutional reading dispensed (40-Y 0-N) (see vote tally)
02/02/2011Read second time
02/02/2011Reading of amendments waived
02/02/2011Committee amendments agreed to
02/02/2011Engrossed by Senate as amended SB1262E
02/02/2011Printed as engrossed 11102826D-E
02/03/2011Read third time and passed Senate (40-Y 0-N) (see vote tally)
02/07/2011Placed on Calendar
02/07/2011Read first time
02/07/2011Referred to Committee for Courts of Justice
02/07/2011Assigned Courts sub: #2 Civil
02/14/2011Subcommittee recommends reporting with amendment(s) (11-Y 0-N)
02/21/2011Reported from Courts of Justice with amendments (22-Y 0-N) (see vote tally)
02/23/2011Read second time
02/24/2011Read third time
02/24/2011Committee amendments agreed to
02/24/2011Engrossed by House as amended
02/24/2011Passed House with amendments (85-Y 14-N)
02/24/2011VOTE: PASSAGE (85-Y 14-N) (see vote tally)
02/24/2011House amendments agreed to by Senate (39-Y 0-N) (see vote tally)
03/03/2011Enrolled
03/03/2011Bill text as passed Senate and House (SB1262ER)
03/03/2011Signed by Speaker
03/06/2011Signed by President
03/07/2011Impact statement from DPB (SB1262ER)
03/26/2011G Approved by Governor-Chapter 676 (effective 7/1/11)
03/26/2011G Acts of Assembly Chapter text (CHAP0676)

Video

This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 1 clip in all, totaling 4 minutes.

Comments

Waldo Jaquith writes:

I'd sure like to know what this is all about.

Rickey Moore writes:

I would think that there are already plenty of statutes concerning fraudulent billing? I would like to know what this is about as well.

ZKitts writes:

If you want to know what all of this is about, you can check out my testimony on the bill at www.vaquitamlaw.com