Colorado 2022 Regular Session

Colorado House Bill HB1119 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	Second Regular Session
	2	+	Seventy-third General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 22-0204.01 Conrad Imel x2313
1	8		HOUSE BILL 22-1119
2		-	BY REPRESENTATIVE(S) Gray and Weissman, Bird, Exum, Herod,
3		-	Hooton, Jodeh, Lindsay, Ricks, Valdez A.;
4		-	also SENATOR(S) Winter, Buckner, Gonzales, Lee
5		-	.
	9	+	House Committees Senate Committees
	10	+	Judiciary Judiciary
	11	+	Finance Finance
	12	+	Appropriations Appropriations
	13	+	A BILL FOR AN ACT
6	14		C
7		-	ONCERNING CIVIL LIABILITY FOR PRESENTING FALSE CLAIMS FOR PAYMENT
8		-	TO THE STATE
9		-	, AND, IN CONNECTION THEREWITH , MAKING AN
10		-	APPROPRIATION
11		-	.
12		-
13		-	Be it enacted by the General Assembly of the State of Colorado:
14		-	SECTION 1. In Colorado Revised Statutes, 24-31-101, amend
15		-	(1)(p) and (1)(q); and add (1)(s) as follows:
16		-	24-31-101. Powers and duties of attorney general. (1) The
17		-	attorney general:
18		-	(p) May bring a civil action to enforce the provisions of section
	15	+	ONCERNING CIVIL LIABILITY FOR PRESENTING FALSE CLAIMS FOR101
	16	+	PAYMENT TO THE
	17	+	STATE, AND, IN CONNECTION THEREWITH,102
	18	+	MAKING AN APPROPRIATION .103
	19	+	Bill Summary
	20	+	(Note: This summary applies to this bill as introduced and does
	21	+	not reflect any amendments that may be subsequently adopted. If this bill
	22	+	passes third reading in the house of introduction, a bill summary that
	23	+	applies to the reengrossed version of this bill will be available at
	24	+	http://leg.colorado.gov
	25	+	.)
	26	+	The bill establishes the "Colorado False Claims Act" (the act).
	27	+	Pursuant to the act, a person is liable to the state or a political subdivision
	28	+	of the state for a civil penalty if the person commits, conspires to commit,
	29	+	or aids and abets the commission of any of the following (collectively,
	30	+	"false claims"):
	31	+	SENATE
	32	+	3rd Reading Unamended
	33	+	May 9, 2022
	34	+	SENATE
	35	+	Amended 2nd Reading
	36	+	May 6, 2022
	37	+	HOUSE
	38	+	3rd Reading Unamended
	39	+	April 28, 2022
	40	+	HOUSE
	41	+	Amended 2nd Reading
	42	+	April 27, 2022
	43	+	HOUSE SPONSORSHIP
	44	+	Gray and Weissman, Bird, Exum, Herod, Hooton, Jodeh, Lindsay, Ricks, Valdez A.
	45	+	SENATE SPONSORSHIP
	46	+	Winter, Buckner, Gonzales, Lee
	47	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	48	+	Capital letters or bold & italic numbers indicate new material to be added to existing statute.
	49	+	Dashes through the words indicate deletions from existing statute. ! Knowingly presenting, or causing to be presented, a false
	50	+	or fraudulent claim for payment or approval;
	51	+	! Knowingly making, using, or causing to be made or used
	52	+	a false record or statement material to a false or fraudulent
	53	+	claim;
	54	+	! Having possession, custody, or control of property or
	55	+	money used, or to be used, by the state or political
	56	+	subdivision and knowingly delivering, or causing to be
	57	+	delivered, less than all of the money or property;
	58	+	! Authorizing the making or delivery of a document
	59	+	certifying receipt of property used, or to be used, by the
	60	+	state or political subdivision and, with the intent to defraud
	61	+	the state or political subdivision, making or delivering the
	62	+	receipt without completely knowing that the information on
	63	+	the receipt is true;
	64	+	! Knowingly buying, or receiving as a pledge of an
	65	+	obligation or debt, public property from an officer or
	66	+	employee of the state or political subdivision who lawfully
	67	+	may not sell or pledge the property; or
	68	+	! Knowingly making, using, or causing to be made or used
	69	+	a false record or statement material to an obligation to pay
	70	+	or transmit money or property to the state or political
	71	+	subdivision, or knowingly concealing or knowingly and
	72	+	improperly avoiding or decreasing an obligation to pay or
	73	+	transmit money or property to the state or political
	74	+	subdivision.
	75	+	A person who makes a false claim is liable to the state or a
	76	+	political subdivision for the same amount provided in the federal "False
	77	+	Claims Act", as adjusted for inflation, plus 3 times the amount of the
	78	+	damages sustained by the state or political subdivision, and the costs
	79	+	incurred for the investigation and prosecution of the false claim.
	80	+	The bill requires the attorney general or a local prosecutor to
	81	+	investigate false claims. The attorney general, prosecuting authority of a
	82	+	political subdivision, or a private individual (relator) may bring a civil
	83	+	action against a person who made a false claim. The bill permits the
	84	+	attorney general or prosecuting authority of a political subdivision to
	85	+	intervene in an action brought by a relator. A relator may be awarded up
	86	+	to 30% of the proceeds from a false claims action based on the extent the
	87	+	relator contributed to the investigation and prosecution of the false claim.
	88	+	If the relator is an employee of the state or political subdivision and learns
	89	+	information about the false claim in the course of the relator's work, the
	90	+	court will award that amount to the relator's employer.
	91	+	The bill authorizes the state auditor to share information about
	92	+	potential false claims with the attorney general and a political subdivision.
	93	+	A court cannot hear a false claim action:
	94	+	1119
	95	+	-2- ! Brought against a serving member of the general assembly,
	96	+	a member of the state judiciary, or an elected official in the
	97	+	executive branch of the state of Colorado acting in the
	98	+	member's or official's official capacity; or
	99	+	! Based on the same allegations or transactions that are the
	100	+	subject of a different civil or administrative proceeding.
	101	+	The bill prohibits retaliatory action against an individual because
	102	+	of the individual's efforts in furtherance of investigating, prosecuting, or
	103	+	stopping false claims. A court hearing a false claims action may hear a
	104	+	claim for retaliation against the individual.
	105	+	Be it enacted by the General Assembly of the State of Colorado:1
	106	+	SECTION 1. In Colorado Revised Statutes, 24-31-101, amend2
	107	+	(1)(p) and (1)(q); and add (1)(r) as follows:3
	108	+	24-31-101. Powers and duties of attorney general. (1) The4
	109	+	attorney general:5
	110	+	(p) May bring a civil action to enforce the provisions of section6
19	111		24-31-113; and
20		-	(q) May bring a civil action to enforce the provisions of section
21		-	24-31-307 (2) or a criminal action to enforce the provisions of section
	112	+	7
	113	+	(q) May bring a civil action to enforce the provisions of section8
	114	+	24-31-307 (2) or a criminal action to enforce the provisions of section9
22	115		24-31-307 (3);
23		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
24		-	officers and the Governor. To determine whether the Governor has signed the bill
25		-	or taken other action on it, please consult the legislative status sheet, the legislative
26		-	history, or the Session Laws.
27		-	________
28		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
29		-	through words or numbers indicate deletions from existing law and such material is not part of
30		-	the act. (s) MAY BRING OR INTERVENE IN A CIVIL ACTION , CONDUCT
31		-	INVESTIGATIONS
32		-	, AND ISSUE CIVIL INVESTIGATION DEMANDS PURSUANT TO
33		-	THE
34		-	"COLORADO FALSE CLAIMS ACT", PART 12 OF THIS ARTICLE 31; AND
35		-	SECTION 2. In Colorado Revised Statutes, add part 12 to article
36		-	31 of title 24 as follows:
37		-	PART 12
38		-	COLORADO FALSE CLAIMS ACT
	116	+	AND10
	117	+	(r) M
	118	+	AY BRING OR INTERVENE IN A CIVIL ACTION , CONDUCT11
	119	+	INVESTIGATIONS, AND ISSUE CIVIL INVESTIGATION DEMANDS PURSUANT TO12
	120	+	THE "COLORADO FALSE CLAIMS ACT", PART 12 OF THIS ARTICLE 31.13
	121	+	SECTION 2. In Colorado Revised Statutes, add part 12 to article14
	122	+	31 of title 24 as follows:15
	123	+	PART 1216
	124	+	COLORADO FALSE CLAIMS ACT17
39	125		24-31-1201. Short title. T
40		-	HE SHORT TITLE OF THIS PART 12 IS THE
41		-	"COLORADO FALSE CLAIMS ACT".
	126	+	HE SHORT TITLE OF THIS PART 12 IS THE18
	127	+	"C
	128	+	OLORADO FALSE CLAIMS ACT".19
42	129		24-31-1202. Definitions. A
43		-	S USED IN THIS PART 12, UNLESS THE
44		-	CONTEXT OTHERWISE REQUIRES
45		-	:
	130	+	S USED IN THIS PART 12, UNLESS THE20
	131	+	1119-3- CONTEXT OTHERWISE REQUIRES :1
46	132		(1) (a) "C
47		-	LAIM" MEANS A REQUEST OR DEMAND, WHETHER UNDER A
48		-	CONTRACT OR OTHERWISE
49		-	, FOR MONEY OR PROPERTY AND WHETHER OR NOT
50		-	THE STATE OR A POLITICAL SUBDIVISION HAS TITLE TO THE MONEY OR
51		-	PROPERTY
52		-	, THAT IS:
	133	+	LAIM" MEANS A REQUEST OR DEMAND, WHETHER UNDER2
	134	+	A CONTRACT OR OTHERWISE, FOR MONEY OR PROPERTY AND WHETHER OR3
	135	+	NOT THE STATE OR A POLITICAL SUBDIVISION HAS TITLE TO THE MONEY OR4
	136	+	PROPERTY, THAT IS:5
53	137		(I) P
54		-	RESENTED TO AN OFFICER, EMPLOYEE, OR AGENT OF THE STATE
55		-	OR POLITICAL SUBDIVISION
56		-	; OR
57		-	(II) MADE TO A CONTRACTOR, GRANTEE, OR OTHER RECIPIENT, IF THE
58		-	MONEY OR PROPERTY IS TO BE SPENT OR USED ON THE STATE
59		-	'S OR POLITICAL
60		-	SUBDIVISION
61		-	'S BEHALF OR TO ADVANCE A GOVERNMENT PROGRAM OR
62		-	INTEREST
63		-	, AND IF THE STATE OR POLITICAL SUBDIVISION:
	138	+	RESENTED TO AN OFFICER, EMPLOYEE, OR AGENT OF THE6
	139	+	STATE OR POLITICAL SUBDIVISION; OR7
	140	+	(II) M
	141	+	ADE TO A CONTRACTOR, GRANTEE, OR OTHER RECIPIENT, IF8
	142	+	THE MONEY OR PROPERTY IS TO BE SPENT OR USED ON THE STATE 'S OR9
	143	+	POLITICAL SUBDIVISION'S BEHALF OR TO ADVANCE A GOVERNMENT10
	144	+	PROGRAM OR INTEREST, AND IF THE STATE OR POLITICAL SUBDIVISION:11
64	145		(A) P
65		-	ROVIDES OR HAS PROVIDED ANY PORTION OF THE MONEY OR
66		-	PROPERTY REQUESTED OR DEMANDED
67		-	; OR
68		-	(B) WILL REIMBURSE SUCH CONTRACTOR , GRANTEE, OR OTHER
69		-	RECIPIENT FOR ANY PORTION OF THE MONEY OR PROPERTY THAT IS
70		-	REQUESTED OR DEMANDED
71		-	.
	146	+	ROVIDES OR HAS PROVIDED ANY PORTION OF THE MONEY OR12
	147	+	PROPERTY REQUESTED OR DEMANDED ; OR13
	148	+	(B) W
	149	+	ILL REIMBURSE SUCH CONTRACTOR , GRANTEE, OR OTHER14
	150	+	RECIPIENT FOR ANY PORTION OF THE MONEY OR PROPERTY THAT IS15
	151	+	REQUESTED OR DEMANDED .16
72	152		(b) "C
73		-	LAIM" INCLUDES THE FAILURE TO PAY OR THE ~~UNDERPAYMENT~~
74		-	~~OF AN OBLIGATION OWED TO THE STATE~~
75		-	.
76		-	~~PAGE 2-HOUSE BILL 22-1119~~ (c) "CLAIM" DOES NOT INCLUDE A REQUEST OR DEMAND ~~FOR MONEY~~
77		-	OR PROPERTY THAT THE STATE OR A POLITICAL SUBDIVISION ~~HAS PAID~~
78		-	:
	153	+	LAIM" INCLUDES THE FAILURE TO PAY OR THE
	154	+	17
	155	+	UNDERPAYMENT OF AN OBLIGATION OWED TO THE STATE .18
	156	+	(c) "CLAIM" DOES NOT INCLUDE A REQUEST OR DEMAND FOR19
	157	+	MONEY OR PROPERTY THAT THE STATE OR A POLITICAL SUBDIVISION HAS20
	158	+	PAID:21
79	159		(I) T
80		-	O AN INDIVIDUAL AS COMPENSATION FOR EMPLOYMENT BY THE
81		-	STATE OR POLITICAL SUBDIVISION
82		-	;
	160	+	O AN INDIVIDUAL AS COMPENSATION FOR EMPLOYMENT BY22
	161	+	THE STATE OR POLITICAL SUBDIVISION;23
83	162		(II) A
84		-	S AN INCOME SUBSIDY WITH NO RESTRICTIONS ON THAT
85		-	INDIVIDUAL
86		-	'S USE OF THE MONEY OR PROPERTY;
	163	+	S AN INCOME SUBSIDY WITH NO RESTRICTIONS ON THAT24
	164	+	INDIVIDUAL'S USE OF THE MONEY OR PROPERTY;25
87	165		(III) T
88		-	O AN INDIVIDUAL AS PART OF A GOVERNMENT ASSISTANCE
89		-	PROGRAM IN AN AMOUNT LESS THAN TEN THOUSAND DOLLARS IN A
90		-	CALENDAR YEAR
91		-	; OR
92		-	(IV) TO A PERSON UNDER THE "COLORADO MEDICAL ASSISTANCE
93		-	ACT", ARTICLES 4, 5, AND 6 OF TITLE 25.5.
	166	+	O AN INDIVIDUAL AS PART OF A GOVERNMENT ASSISTANCE26
	167	+	PROGRAM IN AN AMOUNT LESS THAN
	168	+	TEN THOUSAND DOLLARS IN A27
	169	+	1119
	170	+	-4- CALENDAR YEAR; OR1
	171	+	(IV) T
	172	+	O A PERSON
	173	+	UNDER THE "COLORADO MEDICAL ASSISTANCE2
	174	+	A
	175	+	CT", ARTICLES 4, 5, AND 6 OF TITLE 25.5.3
94	176		(2) "D
95		-	EPARTMENT" MEANS THE DEPARTMENT OF LAW .
	177	+	EPARTMENT" MEANS THE DEPARTMENT OF LAW .4
96	178		(3) "F
97		-	UND" MEANS THE FALSE CLAIMS RECOVERY CASH FUND
98		-	CREATED IN SECTION
99		-	24-31-1209.
	179	+	UND" MEANS THE FALSE CLAIMS RECOVERY CASH FUND5
	180	+	CREATED IN SECTION 24-31-1209.6
100	181		(4) (a) "K
101		-	NOWING" OR "KNOWINGLY" MEAN THAT A PERSON, WITH
102		-	RESPECT TO INFORMATION ABOUT A CLAIM
103		-	:
	182	+	NOWING" OR "KNOWINGLY" MEAN THAT A PERSON, WITH7
	183	+	RESPECT TO INFORMATION ABOUT A CLAIM :8
104	184		(I) H
105		-	AS ACTUAL KNOWLEDGE OF THE FALSITY OF THE INFORMATION ;
	185	+	AS ACTUAL KNOWLEDGE OF THE
	186	+	FALSITY OF THE9
	187	+	INFORMATION;10
106	188		(II) A
107		-	CTS IN DELIBERATE IGNORANCE OF THE TRUTH OR FALSITY OF
108		-	THE INFORMATION
109		-	; OR
110		-	(III) ACTS IN RECKLESS DISREGARD OF THE TRUTH OR FALSITY OF
111		-	THE INFORMATION
112		-	.
	189	+	CTS IN DELIBERATE IGNORANCE OF THE TRUTH OR FALSITY OF11
	190	+	THE INFORMATION; OR12
	191	+	(III) A
	192	+	CTS IN RECKLESS DISREGARD OF THE TRUTH OR FALSITY OF13
	193	+	THE INFORMATION.14
113	194		(b) "K
114		-	NOWING" OR "KNOWINGLY" DOES NOT REQUIRE PROOF OF
115		-	SPECIFIC INTENT TO DEFRAUD
116		-	. A PERSON WHO ACTS MERELY NEGLIGENTLY
117		-	WITH RESPECT TO INFORMATION IS NOT DEEMED TO HAVE ACTED
118		-	KNOWINGLY
119		-	, UNLESS THE PERSON ACTS WITH RECKLESS DISREGARD OF THE
120		-	TRUTH OR FALSITY OF THE INFORMATION
121		-	.
	195	+	NOWING" OR "KNOWINGLY" DOES NOT REQUIRE PROOF OF15
	196	+	SPECIFIC INTENT TO DEFRAUD.
	197	+	A PERSON WHO ACTS MERELY NEGLIGENTLY16
	198	+	WITH RESPECT TO INFORMATION IS NOT DEEMED TO HAVE ACTED17
	199	+	KNOWINGLY, UNLESS THE PERSON ACTS WITH RECKLESS DISREGARD OF18
	200	+	THE TRUTH OR FALSITY OF THE INFORMATION .19
122	201		(5) "M
123		-	ATERIAL" MEANS HAVING A NATURAL TENDENCY TO
124		-	INFLUENCE
125		-	, OR BE CAPABLE OF INFLUENCING, THE PAYMENT OR RECEIPT OF
126		-	PAGE 3-HOUSE BILL 22-1119 MONEY OR PROPERTY.
	202	+	ATERIAL" MEANS HAVING A NATURAL TENDENCY TO20
	203	+	INFLUENCE, OR BE CAPABLE OF INFLUENCING, THE PAYMENT OR RECEIPT21
	204	+	OF MONEY OR PROPERTY.22
127	205		(6) "O
128		-	BLIGATION" MEANS AN ESTABLISHED DUTY, WHETHER OR NOT
129		-	FIXED
130		-	, ARISING FROM AN EXPRESS OR IMPLIED CONTRACTUAL ,
131		-	GRANTOR-GRANTEE, OR LICENSOR-LICENSEE RELATIONSHIP; FROM A
132		-	FEE
133		-	-BASED OR SIMILAR RELATIONSHIP; FROM STATUTE OR REGULATION; OR
134		-	FROM THE RETENTION OF ANY OVERPAYMENT
135		-	.
136		-	(7) "P
137		-	ERSON" MEANS ANY INDIVIDUAL, CORPORATION, BUSINESS
138		-	TRUST
139		-	, ESTATE, TRUST, LIMITED LIABILITY COMPANY , PARTNERSHIP,
140		-	ASSOCIATION, OR OTHER NONGOVERNMENTAL LEGAL ENTITY .
	206	+	BLIGATION" MEANS AN ESTABLISHED DUTY , WHETHER OR23
	207	+	NOT FIXED, ARISING FROM AN EXPRESS OR IMPLIED CONTRACTUAL ,24
	208	+	GRANTOR-GRANTEE, OR LICENSOR-LICENSEE RELATIONSHIP; FROM A25
	209	+	FEE-BASED OR SIMILAR RELATIONSHIP; FROM STATUTE OR REGULATION; OR26
	210	+	FROM THE RETENTION OF ANY OVERPAYMENT .27
	211	+	1119
	212	+	-5- (7) "PERSON" MEANS ANY INDIVIDUAL, CORPORATION, BUSINESS1
	213	+	TRUST, ESTATE, TRUST, LIMITED LIABILITY COMPANY , PARTNERSHIP,2
	214	+	ASSOCIATION, OR OTHER NONGOVERNMENTAL LEGAL ENTITY .3
141	215		(8) "P
142		-	OLITICAL SUBDIVISION" HAS THE SAME MEANING AS SET ~~FORTH~~
143		-	~~IN SECTION~~
144		-	24-72-202.
	216	+	OLITICAL SUBDIVISION" HAS THE SAME MEANING AS SET
	217	+	4
	218	+	FORTH IN SECTION 24-72-202.5
145	219		(9) "P
146		-	ROCEEDS" MEANS ALL MONEY, PROPERTY, DAMAGES, DOUBLE
147		-	DAMAGES
148		-	, TREBLE DAMAGES, CIVIL PENALTIES, AND PAYMENTS FOR COSTS
149		-	OF COMPLIANCE
150		-	, INCLUDING REASONABLE COSTS AND ATTORNEY FEES ,
151		-	REALIZED BY THE STATE WHETHER AS A RESULT OF ANY SETTLEMENT OF OR
152		-	JUDGMENT ENTERED IN ANY ACTION BROUGHT PURSUANT TO THIS PART
153		-	12.
154		-	24-31-1203. False claims - civil liability for certain acts - penalty
155		-	- exception. (1) S
156		-	UBJECT TO SUBSECTION (2) OF THIS SECTION AND EXCEPT
157		-	AS OTHERWISE PROVIDED IN SUBSECTION
158		-	(5) OF THIS SECTION, A PERSON IS
159		-	LIABLE TO THE STATE FOR A CIVIL PENALTY OF NOT LESS THAN ELEVEN
160		-	THOUSAND EIGHT HUNDRED DOLLARS AND NOT MORE THAN TWENTY
161		-	-THREE
162		-	THOUSAND SIX HUNDRED DOLLARS PER VIOLATION
163		-	, PLUS THREE TIMES THE
164		-	AMOUNT OF DAMAGES THAT THE STATE SUSTAINS BECAUSE OF THE ACT OF
165		-	THAT PERSON
166		-	, IF THAT PERSON:
	220	+	ROCEEDS" MEANS ALL MONEY , PROPERTY, DAMAGES,6
	221	+	DOUBLE DAMAGES, TREBLE DAMAGES, CIVIL PENALTIES, AND PAYMENTS7
	222	+	FOR COSTS OF COMPLIANCE , INCLUDING REASONABLE COSTS AND8
	223	+	ATTORNEY FEES, REALIZED BY THE STATE
	224	+	WHETHER AS A RESULT OF ANY9
	225	+	SETTLEMENT OF OR JUDGMENT ENTERED IN ANY ACTION BROUGHT10
	226	+	PURSUANT TO THIS PART 12.11
	227	+	12
	228	+	13
	229	+	24-31-1203. False claims - civil liability for certain acts -14
	230	+	penalty - exception. (1) S
	231	+	UBJECT TO SUBSECTION (2) OF THIS SECTION15
	232	+	AND EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (5) OF THIS SECTION,16
	233	+	A PERSON IS LIABLE TO THE STATE
	234	+	FOR A CIVIL PENALTY OF NOT LESS17
	235	+	THAN ELEVEN THOUSAND EIGHT HUNDRED DOLLARS AND NOT MORE THAN18
	236	+	TWENTY-THREE THOUSAND SIX HUNDRED DOLLARS PER VIOLATION, PLUS19
	237	+	THREE TIMES THE AMOUNT OF DAMAGES THAT THE STATE SUSTAINS20
	238	+	BECAUSE OF THE ACT OF THAT PERSON , IF THAT PERSON:21
167	239		(a) K
168		-	NOWINGLY PRESENTS, OR CAUSES TO BE PRESENTED, A FALSE
169		-	OR FRAUDULENT CLAIM FOR PAYMENT OR APPROVAL
170		-	;
	240	+	NOWINGLY PRESENTS, OR CAUSES TO BE PRESENTED, A FALSE22
	241	+	OR FRAUDULENT CLAIM FOR PAYMENT OR APPROVAL ;23
171	242		(b) K
172		-	NOWINGLY MAKES, USES, OR CAUSES TO BE MADE OR USED A
173		-	FALSE RECORD OR STATEMENT MATERIAL TO A FALSE OR FRAUDULENT
174		-	CLAIM
175		-	;
	243	+	NOWINGLY MAKES, USES, OR CAUSES TO BE MADE OR USED A24
	244	+	FALSE RECORD OR STATEMENT MATERIAL TO A FALSE OR FRAUDULENT25
	245	+	CLAIM;26
176	246		(c) H
177		-	AS POSSESSION, CUSTODY, OR CONTROL OF PROPERTY OR
178		-	MONEY USED
179		-	, OR TO BE USED, BY THE STATE OR POLITICAL SUBDIVISION AND
180		-	KNOWINGLY DELIVERS
181		-	, OR CAUSES TO BE DELIVERED, LESS THAN ALL OF THE
182		-	PAGE 4-HOUSE BILL 22-1119 MONEY OR PROPERTY;
	247	+	AS POSSESSION, CUSTODY, OR CONTROL OF PROPERTY OR27
	248	+	1119
	249	+	-6- MONEY USED, OR TO BE USED, BY THE STATE OR POLITICAL SUBDIVISION1
	250	+	AND KNOWINGLY DELIVERS, OR CAUSES TO BE DELIVERED, LESS THAN ALL2
	251	+	OF THE MONEY OR PROPERTY;3
183	252		(d) A
184		-	UTHORIZES THE MAKING OR DELIVERY OF A DOCUMENT
185		-	CERTIFYING RECEIPT OF PROPERTY USED
186		-	, OR TO BE USED, BY THE STATE OR
187		-	POLITICAL SUBDIVISION AND
188		-	, WITH THE INTENT TO DEFRAUD THE STATE OR
189		-	POLITICAL SUBDIVISION
190		-	, MAKES OR DELIVERS THE RECEIPT WITHOUT
191		-	COMPLETELY KNOWING THAT THE INFORMATION ON THE RECEIPT IS TRUE
192		-	;
	253	+	UTHORIZES THE MAKING OR DELIVERY OF A DOCUMENT4
	254	+	CERTIFYING RECEIPT OF PROPERTY USED, OR TO BE USED, BY THE STATE OR5
	255	+	POLITICAL SUBDIVISION AND, WITH THE INTENT TO DEFRAUD THE STATE OR6
	256	+	POLITICAL SUBDIVISION, MAKES OR DELIVERS THE RECEIPT WITHOUT7
	257	+	COMPLETELY KNOWING THAT THE INFORMATION ON THE RECEIPT IS TRUE ;8
193	258		(e) K
194		-	NOWINGLY BUYS, OR RECEIVES AS A PLEDGE OF AN OBLIGATION
195		-	OR DEBT
196		-	, PUBLIC PROPERTY FROM AN OFFICER OR EMPLOYEE OF THE STATE
197		-	OR POLITICAL SUBDIVISION WHO LAWFULLY MAY NOT SELL OR PLEDGE THE
198		-	PROPERTY
199		-	;
	259	+	NOWINGLY BUYS, OR RECEIVES AS A PLEDGE OF AN9
	260	+	OBLIGATION OR DEBT, PUBLIC PROPERTY FROM AN OFFICER OR EMPLOYEE10
	261	+	OF THE STATE OR POLITICAL SUBDIVISION WHO LAWFULLY MAY NOT SELL11
	262	+	OR PLEDGE THE PROPERTY;12
200	263		(f) K
201		-	NOWINGLY MAKES, USES, OR CAUSES TO BE MADE OR USED A
202		-	FALSE RECORD OR STATEMENT MATERIAL TO AN OBLIGATION TO PAY OR
203		-	TRANSMIT MONEY OR PROPERTY TO THE STATE OR POLITICAL SUBDIVISION
204		-	,
205		-	OR KNOWINGLY CONCEALS OR KNOWINGLY AND IMPROPERLY AVOIDS OR
206		-	DECREASES AN OBLIGATION TO PAY OR TRANSMIT MONEY OR PROPERTY TO
207		-	THE STATE OR POLITICAL SUBDIVISION
208		-	;
	264	+	NOWINGLY MAKES, USES, OR CAUSES TO BE MADE OR USED A13
	265	+	FALSE RECORD OR STATEMENT MATERIAL TO AN OBLIGATION TO PAY OR14
	266	+	TRANSMIT MONEY OR PROPERTY TO THE STATE OR POLITICAL SUBDIVISION ,15
	267	+	OR KNOWINGLY CONCEALS OR KNOWINGLY AND IMPROPERLY AVOIDS OR16
	268	+	DECREASES AN OBLIGATION TO PAY OR TRANSMIT MONEY OR PROPERTY TO17
	269	+	THE STATE OR POLITICAL SUBDIVISION;
	270	+	18
209	271		(g) K
210		-	NOWINGLY MAKES, USES, OR CAUSES TO BE MADE OR USED, A
211		-	FALSE RECORD OR STATEMENT RESULTING IN THE UNDERPAYMENT OF
212		-	PREMIUMS OWED TO THE UNEMPLOYMENT COMPENSATION FUND
213		-	ESTABLISHED IN SECTION
214		-	8-77-101 OR IN THE PAYMENT OF UNEMPLOYMENT
215		-	INSURANCE BENEFITS OF MORE THAN FIFTEEN T HOUSAND DOLLARS IN A
216		-	CALENDAR YEAR
217		-	; OR
218		-	(h) CONSPIRES TO COMMIT A VIOLATION OF SUBSECTIONS (1)(a) TO
219		-	(1)(g) OF THIS SECTION.
220		-	(2) (a) N
221		-	OTWITHSTANDING THE AMOUNT OF DAMAGES AUTHORIZED
222		-	IN SUBSECTION
223		-	(1) OF THIS SECTION, FOR A PERSON WHO VIOLATES
224		-	SUBSECTION
225		-	(1) OF THIS SECTION, THE COURT MAY ASSESS REDUCED
226		-	DAMAGES AND PENALTIES AS DESCRIBED IN SUBSECTION
227		-	(2)(b) OR (2)(c) OF
228		-	THIS SECTION IF THE COURT FINDS THAT
229		-	:
230		-	(I) T
231		-	HE PERSON WHO COMMITTED THE VIOLATION FURNISHED TO THE
232		-	OFFICIALS OF THE STATE OR POLITICAL SUBDIVISION RESPONSIBLE FOR
233		-	INVESTIGATING FALSE CLAIMS VIOLATIONS ALL INFORMATION ABOUT THE
234		-	VIOLATION KNOWN TO THE PERSON AND FURNISHED SAID INFORMATION
235		-	PAGE 5-HOUSE BILL 22-1119 WITHIN THIRTY DAYS AFTER THE DATE ON WHICH THE PERSON FIRST
236		-	LEARNED OF A POTENTIAL VIOLATION
237		-	;
238		-	(II) A
239		-	T THE TIME THE PERSON FURNISHED THE INFORMATION ABOUT
240		-	THE VIOLATION TO THE OFFICIALS OF THE STATE OR POLITICAL SUBDIVISION
241		-	,
242		-	THE PERSON DID NOT HAVE ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF THE
243		-	EXISTENCE OF AN INVESTIGATION INTO THE VIOLATION
244		-	; AND
245		-	(III) THE PERSON FULLY COOPERATED WITH ANY INVESTIGATION OF
246		-	THE VIOLATION BY THE STATE
247		-	.
248		-	(b) I
249		-	F A PERSON DESCRIBED IN SUBSECTION (2)(a) OF THIS SECTION
250		-	FURNISHED INFORMATION ABOUT THE VIOLATION TO THE OFFICIALS OF THE
251		-	STATE OR POLITICAL SUBDIVISION BEFORE A CRIMINAL PROSECUTION
252		-	, CIVIL
253		-	ACTION
254		-	, OR ADMINISTRATIVE ACTION WAS COMMENCED WITH RESPECT TO
255		-	THE VIOLATION
256		-	, THE COURT SHALL ASSESS ONE AND ONE-HALF THE AMOUNT
257		-	OF ACTUAL DAMAGES RESULTING FROM THE FALSE CLAIM
258		-	, INCLUDING
259		-	INTEREST FROM THE DATE OF THE FRAUD TO THE DATE OF FULL REPAYMENT
260		-	OF ALL DAMAGES
261		-	, THAT THE STATE OR POLITICAL SUBDIVISION SUSTAINS
262		-	BECAUSE OF THE VIOLATION AND A CIVIL PENALTY OF NOT LESS THAN FIVE
263		-	THOUSAND NINE HUNDRED DOLLARS AND NOT MORE THAN ELEVEN
264		-	THOUSAND EIGHT HUNDRED DOLLARS PER VIOLATION
265		-	.
266		-	(c) I
267		-	F A PERSON DESCRIBED IN SUBSECTION (2)(a) OF THIS SECTION
268		-	FURNISHED INFORMATION ABOUT THE VIOLATION TO THE OFFICIALS OF THE
269		-	STATE WHILE A CRIMINAL PROSECUTION
270		-	, CIVIL ACTION, OR ADMINISTRATIVE
271		-	ACTION CONCERNING THE VIOLATION WAS UNDER SEAL PURSUANT TO
272		-	SECTION
273		-	24-31-1204 (3)(b), THE COURT SHALL ASSESS DOUBLE THE AMOUNT
274		-	OF ACTUAL DAMAGES RESULTING FROM THE FALSE CLAIM
275		-	, INCLUDING
276		-	INTEREST FROM THE DATE OF THE FRAUD TO THE DATE OF FULL REPAYMENT
277		-	OF ALL DAMAGES
278		-	, THAT THE STATE OR POLITICAL SUBDIVISION SUSTAINS
279		-	BECAUSE OF THE VIOLATION AND A CIVIL PENALTY OF NOT LESS THAN SEVEN
280		-	THOUSAND EIGHT HUNDRED DOLLARS AND NOT MORE THAN FIFTEEN
281		-	THOUSAND SEVEN HUNDRED DOLLARS PER VIOLATION
282		-	.
283		-	(d) T
284		-	HE ATTORNEY GENERAL MAY DETERMINE WHETHER A PERSON
285		-	MEETS THE CRITERIA DESCRIBED IN SUBSECTION
286		-	(2)(a) OF THIS SECTION AND
287		-	SUBMIT THE DETERMINATION AND REASONING TO THE COURT
288		-	, WHICH THE
289		-	COURT MAY CONSIDER WHEN MAKING A FINDING AS TO WHETHER THE
290		-	PERSON SATISFIES THE CRITERIA DESCRIBED IN SUBSECTION
291		-	(2)(a) OF THIS
292		-	PAGE 6-HOUSE BILL 22-1119 SECTION.
	272	+	NOWINGLY MAKES, USES, OR CAUSES TO BE MADE OR USED,
	273	+	19
	274	+	A FALSE RECORD OR STATEMENT RESULTING IN THE UNDERPAYMENT OF20
	275	+	PREMIUMS OWED TO THE UNEMPLOYMENT COMPENSATION FUND21
	276	+	ESTABLISHED IN SECTION 8-77-101 OR IN THE PAYMENT OF22
	277	+	UNEMPLOYMENT INSURANCE BENEFITS OF MORE THAN FIFTEEN THOUSAND23
	278	+	DOLLARS IN A CALENDAR YEAR; OR24
	279	+	(h) CONSPIRES TO COMMIT A VIOLATION OF SUBSECTIONS (1)(a) TO25
	280	+	(1)(g) OF THIS SECTION.26
	281	+	(2) (a) NOTWITHSTANDING THE AMOUNT OF DAMAGES27
	282	+	1119
	283	+	-7- AUTHORIZED IN SUBSECTION (1) OF THIS SECTION, FOR A PERSON WHO1
	284	+	VIOLATES SUBSECTION (1) OF THIS SECTION, THE COURT MAY ASSESS2
	285	+	REDUCED DAMAGES AND PENALTIES AS DESCRIBED IN SUBSECTION (2)(b)3
	286	+	OR (2)(c) OF THIS SECTION IF THE COURT FINDS THAT:4
	287	+	(I) THE PERSON WHO COMMITTED THE VIOLATION FURNISHED TO5
	288	+	THE OFFICIALS OF THE STATE OR POLITICAL SUBDIVISION RESPONSIBLE FOR6
	289	+	INVESTIGATING FALSE CLAIMS VIOLATIONS ALL INFORMATION ABOUT THE7
	290	+	VIOLATION KNOWN TO THE PERSON AND FURNISHED SAID INFORMATION8
	291	+	WITHIN THIRTY DAYS AFTER THE DATE ON WHICH THE PERSON FIRST9
	292	+	LEARNED OF A POTENTIAL VIOLATION ;10
	293	+	(II) AT THE TIME THE PERSON FURNISHED THE INFORMATION11
	294	+	ABOUT THE VIOLATION TO THE OFFICIALS OF THE STATE OR POLITICAL12
	295	+	SUBDIVISION, THE PERSON DID NOT HAVE ACTUAL OR CONSTRUCTIVE13
	296	+	KNOWLEDGE OF THE EXISTENCE OF AN INVESTIGATION INTO THE14
	297	+	VIOLATION; AND15
	298	+	(III) THE PERSON FULLY COOPERATED WITH ANY INVESTIGATION16
	299	+	OF THE VIOLATION BY THE STATE,17
	300	+	(b) IF A PERSON DESCRIBED IN SUBSECTION (2)(a) OF THIS SECTION18
	301	+	FURNISHED INFORMATION ABOUT THE VIOLATION TO THE OFFICIALS OF THE19
	302	+	STATE OR POLITICAL SUBDIVISION BEFORE A CRIMINAL PROSECUTION , CIVIL20
	303	+	ACTION, OR ADMINISTRATIVE ACTION WAS COMMENCED WITH RESPECT TO21
	304	+	THE VIOLATION, THE COURT SHALL ASSESS ONE AND ONE-HALF THE22
	305	+	AMOUNT OF ACTUAL DAMAGES RESULTING FROM THE FALSE CLAIM,23
	306	+	INCLUDING INTEREST FROM THE DATE OF THE FRAUD TO THE DATE OF FULL24
	307	+	REPAYMENT OF ALL DAMAGES , THAT THE STATE OR POLITICAL25
	308	+	SUBDIVISION SUSTAINS BECAUSE OF THE VIOLATION AND A CIVIL PENALTY26
	309	+	OF NOT LESS THAN FIVE THOUSAND NINE HUNDRED DOLLARS AND NOT27
	310	+	1119
	311	+	-8- MORE THAN ELEVEN THOUSAND EIGHT HUNDRED DOLLARS PER VIOLATION .1
	312	+	(c) IF A PERSON DESCRIBED IN SUBSECTION (2)(a) OF THIS SECTION2
	313	+	FURNISHED INFORMATION ABOUT THE VIOLATION TO THE OFFICIALS OF THE3
	314	+	STATE WHILE A CRIMINAL PROSECUTION, CIVIL ACTION, OR4
	315	+	ADMINISTRATIVE ACTION CONCERNING THE VIOLATION WAS UNDER SEAL5
	316	+	PURSUANT TO SECTION 24-31-1204 (3)(b), THE COURT SHALL ASSESS6
	317	+	DOUBLE THE AMOUNT OF ACTUAL DAMAGES RESULTING FROM THE FALSE7
	318	+	CLAIM, INCLUDING INTEREST FROM THE DATE OF THE FRAUD TO THE DATE8
	319	+	OF FULL REPAYMENT OF ALL DAMAGES, THAT THE STATE OR POLITICAL9
	320	+	SUBDIVISION SUSTAINS BECAUSE OF THE VIOLATION AND A CIVIL PENALTY10
	321	+	OF NOT LESS THAN SEVEN THOUSAND EIGHT HUNDRED DOLLARS AND NOT11
	322	+	MORE THAN FIFTEEN THOUSAND SEVEN HUNDRED DOLLARS PER12
	323	+	VIOLATION.13
	324	+	(d) THE ATTORNEY GENERAL MAY DETERMINE WHETHER A PERSON14
	325	+	MEETS THE CRITERIA DESCRIBED IN SUBSECTION (2)(a) OF THIS SECTION15
	326	+	AND SUBMIT THE DETERMINATION AND REASONING TO THE COURT, WHICH16
	327	+	THE COURT MAY CONSIDER WHEN MAKING A FINDING AS TO WHETHER THE17
	328	+	PERSON SATISFIES THE CRITERIA DESCRIBED IN SUBSECTION (2)(a) OF THIS18
	329	+	SECTION.19
293	330		(3) A
294		-	NY INFORMATION FURNISHED PURSUANT TO SUBSECTION (2) OF
295		-	THIS SECTION IS EXEMPT FROM DISCLOSURE PURSUANT TO THE
296		-	"COLORADO
297		-	OPEN RECORDS ACT", PART 2 OF ARTICLE 72 OF THIS TITLE 24.
	331	+	NY INFORMATION FURNISHED PURSUANT TO SUBSECTION (2)20
	332	+	OF THIS SECTION IS EXEMPT FROM DISCLOSURE PURSUANT TO THE21
	333	+	"C
	334	+	OLORADO OPEN RECORDS ACT", PART 2 OF ARTICLE 72 OF THIS TITLE22
	335	+	24.23
298	336		(4) A
299		-	PERSON WHO VIOLATES THIS SECTION IS ALSO LIABLE TO ~~THE~~
300		-	STATE ~~FOR REASONABLE ATTORNEY FEES AND THE COSTS INCURRED DURING~~
301		-	THE ~~ENFORCEMENT OF THIS PART~~
302		-	12.
	337	+	PERSON WHO VIOLATES THIS SECTION IS ALSO LIABLE TO THE24
	338	+	STATE
	339	+	FOR REASONABLE ATTORNEY FEES AND THE COSTS INCURRED25
	340	+	DURING THE ENFORCEMENT OF THIS PART 12.26
303	341		(5) T
304		-	HIS SECTION DOES NOT APPLY TO CLAIMS , RECORDS, OR
305		-	STATEMENTS MADE PURSUANT TO TITLE
306		-	39.
307		-	(6) (a) T
308		-	HE MAXIMUM AND MINIMUM AM OUNTS FOR THE CIVIL
309		-	PENALTIES DESCRIBED IN THIS SECTION MUST BE ADJUSTED FOR INFLATION
310		-	ON
311		-	JULY 1, 2023, AND EACH JULY 1 THEREAFTER. THE ADJUSTMENT MADE
312		-	PURSUANT TO THIS SUBSECTION
313		-	(6) MUST BE ROUNDED UPWARD OR
314		-	DOWNWARD TO THE NEAREST TEN
315		-	-DOLLAR INCREMENT. THE SECRETARY OF
316		-	STATE SHALL CERTIFY THE ADJUSTED MAXIMUM AND MINIMUM AMOUNTS
317		-	FOR CIVIL PENALTIES WITHIN FOURTEEN DAYS AFTER THE APPROPRIATE
318		-	INFORMATION IS AVAILABLE
319		-	.
320		-	(b) F
321		-	OR EACH ACTION BROUGHT PURSUANT TO THIS PART 12, THE
322		-	APPLICABLE MINIMUM AND MAXIMUM AMOUNTS FOR A CIVIL PENALTY ARE
323		-	THE AMOUNTS IN EFFECT ON THE DATE THE CAUSE OF ACTION ACCRUES
324		-	.
325		-	(c) A
326		-	S USED IN THIS SECTION, "INFLATION" MEANS THE ANNUAL
327		-	PERCENTAGE CHANGE IN THE
328		-	DENVER-AURORA-LAKEWOOD CONSUMER
329		-	PRICE INDEX
330		-	, OR ITS APPLICABLE SUCCESSOR INDEX , PUBLISHED BY THE
331		-	UNITED STATES DEPARTMENT OF LABOR BUREAU OF LABOR STATISTICS .
332		-	(7) F
333		-	OR ACCOUNTING PURPOSES, A FINE OR PENALTY RECEIVED BY
334		-	THE STATE PURSUANT TO THIS PART
335		-	12 IS A DAMAGE AWARD.
336		-	(8) (a) S
337		-	UBJECT TO SECTION 24-31-1204 (4)(e), IF THE ATTORNEY
338		-	GENERAL HAS AUTHORITY TO BRING OR INTERVENE IN A CIVIL ACTION
339		-	PURSUANT TO THIS PART
340		-	12, THE ATTORNEY GENERAL MAY ACCEPT FROM A
341		-	PERSON ALLEGED TO HAVE VIOLATED SUBSECTION
342		-	(1) OF THIS SECTION, IN
343		-	LIEU OF OR AS A PART OF A CIVIL ACTION
344		-	, AN ASSURANCE OF
345		-	DISCONTINUANCE OR A CONSENT ORDER APPROVED BY A COURT OF
346		-	PAGE 7-HOUSE BILL 22-1119 COMPETENT JURISDICTION OF THE ALLEGED VIOLATION OF THIS PART 12. THE
347		-	ASSURANCE OR CONSENT ORDER MAY INCLUDE A STIPULATION FOR THE
348		-	VOLUNTARY PAYMENT BY THE ALLEGED VIOLATOR OF ANY RELIEF
349		-	AUTHORIZED BY THIS PART
350		-	12, INCLUDING PAYMENT FOR INVESTIGATION
351		-	AND LITIGATION COSTS INCURRED BY THE ATTORNEY GENERAL OR PRIVATE
352		-	PERSON WHO BROUGHT AN ACTION PURSUANT TO SECTION
353		-	24-31-1204 (3),
354		-	AND ACTUAL DAMAGES RESULTING FROM THE FALSE CLAIM PLUS ANY
355		-	AUTHORIZED MULTIPLIER
356		-	, INTEREST, AND CIVIL MONEY PENALTY.
	342	+	HIS SECTION DOES NOT APPLY TO CLAIMS , RECORDS, OR27
	343	+	1119
	344	+	-9- STATEMENTS MADE PURSUANT TO TITLE 39.1
	345	+	(6) (a) THE MAXIMUM AND MINIMUM AMOUNTS FOR THE CIVIL2
	346	+	PENALTIES DESCRIBED IN THIS SECTION MUST BE ADJUSTED FOR INFLATION3
	347	+	ON JULY 1, 2023, AND EACH JULY 1 THEREAFTER. THE ADJUSTMENT MADE4
	348	+	PURSUANT TO THIS SUBSECTION (6) MUST BE ROUNDED UPWARD OR5
	349	+	DOWNWARD TO THE NEAREST TEN-DOLLAR INCREMENT. THE SECRETARY6
	350	+	OF STATE SHALL CERTIFY THE ADJUSTED MAXIMUM AND MINIMUM7
	351	+	AMOUNTS FOR CIVIL PENALTIES WITHIN FOURTEEN DAYS AFTER THE8
	352	+	APPROPRIATE INFORMATION IS AVAILABLE .9
	353	+	(b) FOR EACH ACTION BROUGHT PURSUANT TO THIS PART 12, THE10
	354	+	APPLICABLE MINIMUM AND MAXIMUM AM OUNTS FOR A CIVIL PENALTY ARE11
	355	+	THE AMOUNTS IN EFFECT ON THE DATE THE CAUSE OF ACTION ACCRUES .12
	356	+	(c) AS USED IN THIS SECTION, "INFLATION" MEANS THE ANNUAL13
	357	+	PERCENTAGE CHANGE IN THE DENVER-AURORA-LAKEWOOD CONSUMER14
	358	+	PRICE INDEX, OR ITS APPLICABLE SUCCESSOR INDEX, PUBLISHED BY THE15
	359	+	UNITED STATES DEPARTMENT OF LABOR BUREAU OF LABOR STATISTICS .16
	360	+	(7) FOR ACCOUNTING PURPOSES, A FINE OR PENALTY RECEIVED BY17
	361	+	THE STATE PURSUANT TO THIS PART 12 IS A DAMAGE AWARD.18
	362	+	(8) (a) SUBJECT TO SECTION 24-31-1204 (4)(e), IF THE ATTORNEY19
	363	+	GENERAL HAS AUTHORITY TO BRING OR INTERVENE IN A CIVIL ACTION20
	364	+	PURSUANT TO THIS PART 12, THE ATTORNEY GENERAL MAY ACCEPT21
	365	+	FROM A PERSON ALLEGED TO HAVE VIOLATED SUBSECTION (1) OF THIS22
	366	+	SECTION, IN LIEU OF OR AS A PART OF A CIVIL ACTION, AN ASSURANCE OF23
	367	+	DISCONTINUANCE OR A CONSENT ORDER APPROVED BY A COURT OF24
	368	+	COMPETENT JURISDICTION OF THE ALLEGED VIOLATION OF THIS PART 12.25
	369	+	THE ASSURANCE OR CONSENT ORDER MAY INCLUDE A STIPULATION FOR26
	370	+	THE VOLUNTARY PAYMENT BY THE ALLEGED VIOLATOR OF ANY RELIEF27
	371	+	1119
	372	+	-10- AUTHORIZED BY THIS PART 12, INCLUDING PAYMENT FOR INVESTIGATION1
	373	+	AND LITIGATION COSTS INCURRED BY THE ATTORNEY GENERAL OR2
	374	+	PRIVATE PERSON WHO BROUGHT AN ACTION PURSUANT TO SECTION3
	375	+	24-31-1204 (3), AND ACTUAL DAMAGES RESULTING FROM THE FALSE4
	376	+	CLAIM PLUS ANY AUTHORIZED MULTIPLIER , INTEREST, AND CIVIL MONEY5
	377	+	PENALTY.6
357	378		(b) A
358	379		N ASSURANCE OF DISCONTINUANCE OR CONSENT ORDER
359		-	ACCEPTED BY THE ATTORNEY GENERAL PRECLUDES A SEPARATE ACTION
360		-	PURSUANT TO SECTION
361		-	24-31-1204 (3) BY ANY PERSON BASED ON THE SAME
362		-	FACTUAL CIRCUMSTANCES
363		-	, EXCEPT FOR AN ACTION BASED ON A VIOLATION
364		-	OF THE ASSURANCE OF DISCONTINUANCE OR CONSENT ORDER
365		-	.
366		-	(c) A
367		-	N ASSURANCE OF DISCONTINUANCE ACCEPTED BY THE
368		-	ATTORNEY GENERAL AND ANY CONSENT ORDER FILED WITH THE COURT AS
369		-	A PART OF AN ACTION IS A MATTER OF PUBLIC RECORD UNLESS THE
370		-	ATTORNEY GENERAL DETERMINES
371		-	, AT THE ATTORNEY GENERAL 'S
372		-	DISCRETION
373		-	, THAT IT IS CONFIDENTIAL TO THE PARTIES TO THE ACTION OR
374		-	PROCEEDING AND TO THE COURT AND ITS EMPLOYEES
375		-	. UPON THE FILING OF
376		-	A CIVIL ACTION OR A MOTION OR PETITION IN A PENDING CIVIL ACTION BY
377		-	THE ATTORNEY GENERAL ALLEGING THAT A PERSON HAS VIOLATED A
378		-	CONFIDENTIAL ASSURANCE OF DISCONTINUANCE OR CONSENT ORDER
379		-	ACCEPTED PURSUANT TO THIS SUBSECTION
380		-	(8), THE ASSURANCE OF
381		-	DISCONTINUANCE OR CONSENT ORDER IS A PUBLIC RECORD AND OPEN TO
382		-	INSPECTION BY ANY PERSON
383		-	.
384		-	(d) P
385		-	ROOF BY A PREPONDERANCE OF THE EVIDENCE OF A VIOLATION
386		-	OF AN ASSURANCE OR STIPULATION OR CONSENT ORDER IS PRIMA FACIE
387		-	EVIDENCE OF A VIOLATION FOR THE PURPOSES OF ANY CIVIL ACTION OR
388		-	PROCEEDING BROUGHT BY THE ATTORNEY GENERAL AFTER THE ALLEGED
389		-	VIOLATION OF THE ASSURANCE OR STIPULATION OR CONSENT ORDER
390		-	,
391		-	WHETHER A NEW ACTION OR A MOTION OR PETITION IN A PENDING ACTION OR
392		-	PROCEEDING
393		-	.
394		-	24-31-1204. Civil actions for false claims - claims for retaliation
395		-	- definitions. (1) Responsibility of attorney general. (a) T
396		-	HE ATTORNEY
397		-	GENERAL SHALL DILIGENTLY INVESTIGATE A VIOLATION OF SECTION
398		-	24-31-1203. IF THE ATTORNEY GENERAL FINDS THAT A PERSON HAS
399		-	PAGE 8-HOUSE BILL 22-1119 VIOLATED OR IS VIOLATING SECTION 24-31-1203, THE ATTORNEY GENERAL
400		-	MAY BRING A CIVIL ACTION AGAINST THE PERSON PURSUANT TO THIS
401		-	SECTION
402		-	.
	380	+	7
	381	+	ACCEPTED BY THE ATTORNEY GENERAL PRECLUDES A SEPARATE ACTION8
	382	+	PURSUANT TO SECTION 24-31-1204 (3) BY ANY PERSON BASED ON THE9
	383	+	SAME FACTUAL CIRCUMSTANCES , EXCEPT FOR AN ACTION BASED ON A10
	384	+	VIOLATION OF THE ASSURANCE OF DISCONTINUANCE OR CONSENT ORDER .11
	385	+	(c) AN ASSURANCE OF DISCONTINUANCE ACCEPTED BY THE12
	386	+	ATTORNEY GENERAL AND ANY CONSENT ORDER FILED WITH THE COURT13
	387	+	AS A PART OF AN ACTION IS A MATTER OF PUBLIC RECORD UNLESS THE14
	388	+	ATTORNEY GENERAL DETERMINES, AT THE ATTORNEY GENERAL'S 15
	389	+	DISCRETION, THAT IT IS CONFIDENTIAL TO THE PARTIES TO THE ACTION OR16
	390	+	PROCEEDING AND TO THE COURT AND ITS EMPLOYEES. UPON THE FILING OF17
	391	+	A CIVIL ACTION OR A MOTION OR PETITION IN A PENDING CIVIL ACTION BY18
	392	+	THE ATTORNEY GENERAL ALLEGING THAT A PERSON HAS VIOLATED A19
	393	+	CONFIDENTIAL ASSURANCE OF DISCONTINUANCE OR CONSENT ORDER20
	394	+	ACCEPTED PURSUANT TO THIS SUBSECTION (8), THE ASSURANCE OF21
	395	+	DISCONTINUANCE OR CONSENT ORDER IS A PUBLIC RECORD AND OPEN TO22
	396	+	INSPECTION BY ANY PERSON.23
	397	+	(d) PROOF BY A PREPONDERANCE OF THE EVIDENCE OF A24
	398	+	VIOLATION OF AN ASSURANCE OR STIPULATION OR CONSENT ORDER IS25
	399	+	PRIMA FACIE EVIDENCE OF A VIOLATION FOR THE PURPOSES OF ANY CIVIL26
	400	+	ACTION OR PROCEEDING BROUGHT BY THE ATTORNEY GENERAL AFTER27
	401	+	1119
	402	+	-11- THE ALLEGED VIOLATION OF THE ASSURANCE OR STIPULATION OR CONSENT1
	403	+	ORDER, WHETHER A NEW ACTION OR A MOTION OR PETITION IN A PENDING2
	404	+	ACTION OR PROCEEDING.3
	405	+	24-31-1204. Civil actions for false claims - claims for4
	406	+	retaliation - definitions. (1) Responsibility of attorney general.5
	407	+	(a) T
	408	+	HE ATTORNEY GENERAL SHALL DILIGENTLY INVESTIGATE A6
	409	+	VIOLATION OF SECTION 24-31-1203. IF THE ATTORNEY GENERAL FINDS7
	410	+	THAT A PERSON HAS VIOLATED OR IS VIOLATING SECTION 24-31-1203, THE8
	411	+	ATTORNEY GENERAL MAY BRING A CIVIL ACTION AGAINST THE PERSON9
	412	+	PURSUANT TO THIS SECTION.10
	413	+
	414	+	11
	415	+	(b) IN ANY ACTION BROUGHT PURSUANT TO THIS PART 12 IN WHICH12
	416	+	THE ATTORNEY GENERAL IS A PARTY, EITHER AS THE PLAINTIFF OR AS AN13
	417	+	INTERVENOR, THE COURT MAY DISMISS THE ACTION UPON MOTION OF THE14
	418	+	ATTORNEY GENERAL FOLLOWING THE NOTICE AND OPPORTUNITY FOR A15
	419	+	HEARING PURSUANT TO SUBSECTION (4)(b)(I) OF THIS SECTION. IN16
	420	+	DETERMINING WHETHER TO FILE A MOTION TO DISMISS, THE ATTORNEY17
	421	+	GENERAL SHALL CONSIDER THE SEVERITY OF THE FALSE CLAIM, PROGRAM18
	422	+	OR POPULATION IMPACTED BY THE FALSE CLAIM, DURATION OF THE FRAUD,19
	423	+	WEIGHT AND MATERIALITY OF THE EVIDENCE, OTHER MEANS TO MAKE THE20
	424	+	PROGRAM WHOLE, AND OTHER FACTORS THE ATTORNEY GENERAL DEEMS21
	425	+	RELEVANT. THE ATTORNEY GENERAL'S DECISION-MAKING PROCESS22
	426	+	CONCERNING A MOTION TO DISMISS AND ANY RECORDS RELATED TO THE23
	427	+	DECISION-MAKING PROCESS ARE NOT DISCOVERABLE IN ANY ACTION .24
	428	+	25
	429	+	(2) Role of the office of the state auditor.26
	430	+	(a) N
	431	+	OTWITHSTANDING ANY OTHER STATE LAW REQUIRING THE STATE27
	432	+	1119
	433	+	-12- AUDITOR TO KEEP INFORMATION CONFIDENTIAL , IF IN THE COURSE OF ITS1
	434	+	AUDIT AUTHORITY, THE OFFICE OF THE STATE AUDITOR IDENTIFIES2
	435	+	INFORMATION OF POTENTIAL FALSE CLAIMS SUBMITTED TO THE STATE OR3
	436	+	A POLITICAL SUBDIVISION, THE STATE AUDITOR MAY SHARE ANY4
	437	+	INFORMATION WITH THE ATTORNEY GENERAL OR THE POLITICAL5
	438	+	SUBDIVISION. THE STATE AUDITOR MAY PARTICIPATE, WITH THE CONSENT6
	439	+	OF THE ATTORNEY GENERAL , IN ANY SUBSEQUENT INVESTIGATION OR7
	440	+	PROSECUTION OF THAT FALSE CLAIM .8
403	441		(b) I
404		-	N ANY ACTION BROUGHT PURSUANT TO THIS PART 12 IN WHICH
405		-	THE ATTORNEY GENERAL IS A PARTY
406		-	, EITHER AS THE PLAINTIFF OR AS AN
407		-	INTERVENOR
408		-	, THE COURT MAY DISMISS THE ACTION UPON MOTION OF THE
409		-	ATTORNEY GENERAL FOLLOWING THE NOTICE AND OPPORTUNITY FOR A
410		-	HEARING PURSUANT TO SUBSECTION
411		-	(4)(b)(I) OF THIS SECTION. IN
412		-	DETERMINING WHETHER TO FILE A MOTION TO DISMISS
413		-	, THE ATTORNEY
414		-	GENERAL SHALL CONSIDER THE SEVERITY OF THE FALSE CLAIM
415		-	, PROGRAM OR
416		-	POPULATION IMPACTED BY THE FALSE CLAIM
417		-	, DURATION OF THE FRAUD,
418		-	WEIGHT AND MATERIALITY OF THE EVIDENCE , OTHER MEANS TO MAKE THE
419		-	PROGRAM WHOLE
420		-	, AND OTHER FACTORS THE ATTORNEY GENERAL DEEMS
421		-	RELEVANT
422		-	. THE ATTORNEY GENERAL 'S DECISION-MAKING PROCESS
423		-	CONCERNING A MOTION TO DISMISS AND ANY RECORDS RELATED TO THE
424		-	DECISION
425		-	-MAKING PROCESS ARE NOT DISCOVERABLE IN ANY ACTION .
426		-	(2) Role of the office of the state auditor. (a) N
427		-	OTWITHSTANDING
428		-	ANY OTHER STATE LAW REQUIRING THE STATE AUDITOR TO KEEP
429		-	INFORMATION CONFIDENTIAL
430		-	, IF IN THE COURSE OF ITS AUDIT AUTHORITY,
431		-	THE OFFICE OF THE STATE AUDITOR IDENTIFIES INFORMATION OF POTENTIAL
432		-	FALSE CLAIMS SUBMITTED TO THE STATE OR A POLITICAL SUBDIVISION
433		-	, THE
434		-	STATE AUDITOR MAY SHARE ANY INFORMATION WITH THE ATTORNEY
435		-	GENERAL OR THE POLITICAL SUBDIVISION
436		-	. THE STATE AUDITOR MAY
437		-	PARTICIPATE
438		-	, WITH THE CONSENT OF THE ATTORNEY GENERAL , IN ANY
439		-	SUBSEQUENT INVESTIGATION OR PROSECUTION OF THAT FALSE CLAIM
440		-	.
	442	+	F THE STATE AUDITOR ELECTS TO PARTICIPATE IN ANY9
	443	+	INVESTIGATION AND PROSECUTION OF A FALSE CLAIM , THE STATE10
	444	+	AUDITOR'S INTERESTS WILL BE REPRESENTED BY THE ATTORNEY GENERAL .11
	445	+	(3)
	446	+	Actions by private persons. (a) A PERSON MAY BRING A CIVIL12
	447	+	ACTION FOR A VIOLATION OF SECTION 24-31-1203 FOR THE PERSON AND13
	448	+	FOR THE STATE. THE ACTION MUST BE BROUGHT IN THE NAME OF THE14
	449	+	STATE. THE COURT SHALL NOT DISMISS AN ACTION UPON MOTION OF15
	450	+	THE PRIVATE PERSON WHO BROUGHT THE ACTION UNLESS THE ATTORNEY16
	451	+	GENERAL GIVES WRITTEN CONSENT TO THE DISMISSAL AND 17
	452	+	REASONS FOR CONSENTING.18
	453	+	(b) (I) A PERSON WHO BRINGS AN ACTION SHALL SERVE ON THE19
	454	+	STATE, PURSUANT TO RULE 4 OF THE COLORADO RULES OF CIVIL20
	455	+	PROCEDURE, A COPY OF THE COMPLAINT AND WRITTEN DISCLOSURE OF21
	456	+	SUBSTANTIALLY ALL MATERIAL EVIDENCE AND INFORMATION THE PERSON22
	457	+	POSSESSES; EXCEPT THAT THE PERSON SHALL NOT DISCLOSE ANY23
	458	+	EVIDENCE OR INFORMATION THAT THE PERSON REASONABLY BELIEVES IS24
	459	+	PROTECTED BY THE DEFENDANT'S ATTORNEY-CLIENT PRIVILEGE UNLESS25
	460	+	THE PRIVILEGE WAS WAIVED, INADVERTENTLY OR OTHERWISE, BY THE26
	461	+	PERSON WHO HOLDS THE PRIVILEGE; AN EXCEPTION TO THE PRIVILEGE27
	462	+	1119
	463	+	-13- APPLIES; OR DISCLOSURE OF THE INFORMATION IS PERMITTED BY AN1
	464	+	ATTORNEY PURSUANT TO 17 CFR 205.3 (d)(2), THE APPLICABLE2
	465	+	COLORADO RULES OF PROFESSIONAL CONDUCT , OR OTHERWISE. THE3
	466	+	COMPLAINT MUST BE FILED IN CAMERA, MUST REMAIN UNDER SEAL FOR AT4
	467	+	LEAST SIXTY-THREE DAYS, AND MUST NOT BE SERVED ON THE DEFENDANT5
	468	+	UNTIL THE COURT SO ORDERS. THE STATE MAY ELECT TO INTERVENE6
	469	+	AND PROCEED WITH THE ACTION WITHIN SIXTY -THREE DAYS AFTER IT7
	470	+	RECEIVES BOTH THE COMPLAINT AND THE MATERIAL EVIDENCE AND8
	471	+	INFORMATION. 9
	472	+	(II) IN DETERMINING WHETHER TO INTERVENE AND PROCEED WITH10
	473	+	AN ACTION PURSUANT TO THIS SUBSECTION (3)(b), THE ATTORNEY11
	474	+	GENERAL SHALL CONSIDER THE FACTORS DESCRIBED IN SUBSECTION (1)(d)12
	475	+	OF THIS SECTION. THE ATTORNEY GENERAL'S DECISION-MAKING PROCESS13
	476	+	CONCERNING WHETHER TO INTERVENE AND ANY RECORDS RELATED TO14
	477	+	THE DECISION-MAKING PROCESS ARE NOT DISCOVERABLE IN ANY ACTION.15
	478	+	(c) T
	479	+	HE STATE
	480	+	MAY, FOR GOOD CAUSE SHOWN , MOVE THE16
	481	+	COURT FOR EXTENSIONS OF THE TIME DURING WHICH THE COMPLAINT17
	482	+	REMAINS UNDER SEAL PURSUANT TO SUBSECTION (3)(b) OF THIS SECTION.18
	483	+	T
	484	+	HE MOTION MAY BE SUPPORTED BY AFFIDAVITS OR OTHER SUBMISSIONS19
	485	+	IN CAMERA. THE DEFENDANT IS NOT REQUIRED TO RESPOND TO ANY20
	486	+	COMPLAINT FILED PURSUANT TO THIS SECTION UNTIL TWENTY -ONE DAYS21
	487	+	AFTER THE COMPLAINT IS UNSEALED AND SERVED UPON THE DEFENDANT22
	488	+	PURSUANT TO RULE 4 OF THE COLORADO RULES OF CIVIL PROCEDURE .23
	489	+	(d) B
	490	+	EFORE THE EXPIRATION OF THE SIXTY -THREE-DAY PERIOD24
	491	+	PURSUANT TO SUBSECTION (3)(b)
	492	+	OF THIS SECTION AND ANY EXTENSIONS25
	493	+	OBTAINED PURSUANT TO SUBSECTION (3)(c) OF THIS SECTION, THE STATE 26
	494	+	SHALL:27
	495	+	1119
	496	+	-14- (I) PROCEED WITH THE ACTION, IN WHICH CASE THE STATE 1
	497	+	SHALL CONDUCT THE ACTION; OR2
	498	+	(II) N
	499	+	OTIFY THE COURT THAT IT DECLINES TO TAKE OVER THE3
	500	+	ACTION, IN WHICH CASE THE
	501	+	PERSON WHO BROUGHT THE ACTION HAS THE4
	502	+	RIGHT TO CONTINUE THE ACTION.5
	503	+	(e) W
	504	+	HEN A
	505	+	PERSON BRINGS AN ACTION PURSUANT TO THIS6
	506	+	SUBSECTION (3), ONLY THE STATE MAY INTERVENE OR BRING A RELATED7
	507	+	ACTION BASED ON THE FACTS UNDERLYING THE PENDING ACTION .8
	508	+	(f) ANY INFORMATION PROVIDED BY A PERSON TO THE STATE 9
	509	+	PURSUANT TO THIS SUBSECTION (3) IS EXEMPT FROM DISCLOSURE10
	510	+	PURSUANT TO THE "COLORADO OPEN RECORDS ACT", PART 2 OF ARTICLE11
	511	+	72 OF THIS TITLE 24.12
	512	+	(4) Rights of parties to private actions. (a) I F THE STATE 13
	513	+	PROCEEDS WITH AN ACTION BROUGHT PURSUANT TO SUBSECTION (3) OF14
	514	+	THIS SECTION, IT HAS THE PRIMARY RESPONSIBILITY FOR PROSECUTING THE15
	515	+	ACTION AND IS NOT BOUND BY AN ACT OF THE PERSON WHO BROUGHT THE16
	516	+	ACTION. THE PERSON HAS THE RIGHT TO CONTINUE AS A PARTY TO THE17
	517	+	ACTION, SUBJECT TO THE LIMITATIONS SET FORTH IN SUBSECTION (3)(b) OF18
	518	+	THIS SECTION.19
	519	+	(b) (I) T
	520	+	HE STATE
	521	+	MAY, AT ANY TIME, DISMISS THE ACTION, IN20
	522	+	WHOLE OR IN PART, NOTWITHSTANDING THE OBJECTIONS OF THE PERSON21
	523	+	WHO BROUGHT THE ACTION IF THE PERSON HAS BEEN NOTIFIED BY THE22
	524	+	STATE OF THE FILING OF THE MOTION AND THE COURT HAS PROVIDED23
	525	+	THE PERSON WITH AN OPPORTUNITY FOR A HEARING ON THE MOTION .24
	526	+	(II) T
	527	+	HE STATE
	528	+	MAY SETTLE THE ACTION WITH THE DEFENDANT25
	529	+	NOTWITHSTANDING THE OBJECTIONS OF THE PERSON WHO BROUGHT THE26
	530	+	ACTION IF THE COURT DETERMINES , AFTER A HEARING, THAT THE27
	531	+	1119
	532	+	-15- PROPOSED SETTLEMENT IS FAIR, ADEQUATE, AND REASONABLE UNDER ALL1
	533	+	THE CIRCUMSTANCES. UPON A SHOWING OF GOOD CAUSE, THE COURT MAY2
	534	+	HOLD THE HEARING IN CAMERA .3
	535	+	(III) U
	536	+	PON A SHOWING BY THE STATE
	537	+	THAT UNRESTRICTED4
	538	+	PARTICIPATION DURING THE COURSE OF THE LITIGATION BY THE PERSON5
	539	+	WHO BROUGHT THE ACTION WOULD INTERFERE WITH OR UNDULY DELAY6
	540	+	THE STATE'S PROSECUTION OF THE CASE, OR WOULD BE REPETITIOUS,7
	541	+	IRRELEVANT, OR FOR PURPOSES OF HARASSMENT, THE COURT MAY, IN ITS8
	542	+	DISCRETION, IMPOSE LIMITATIONS ON THE PERSON'S PARTICIPATION,9
	543	+	INCLUDING BUT NOT LIMITED TO:10
	544	+	(A) L
	545	+	IMITING THE NUMBER OF WITNESSES THE
	546	+	PERSON MAY CALL;11
	547	+	(B) L
	548	+	IMITING THE LENGTH OF THE TESTIMONY OF THE WITNESSES12
	549	+	CALLED BY THE
	550	+	PERSON;13
	551	+	(C) L
	552	+	IMITING THE
	553	+	PERSON'S CROSS-EXAMINATION OF WITNESSES;14
	554	+	AND15
	555	+	(D) O
	556	+	THERWISE LIMITING THE PARTICIPATION BY THE
	557	+	PERSON IN16
	558	+	THE LITIGATION.17
	559	+	(IV) U
	560	+	PON A SHOWING BY THE DEFENDANT THAT UNRESTRICTED18
	561	+	PARTICIPATION DURING THE COURSE OF THE LITIGATION BY THE
	562	+	PERSON19
	563	+	WHO BROUGHT THE ACTION WOULD BE FOR PURPOSES OF HARASSMENT OR20
	564	+	WOULD CAUSE THE DEFENDANT UNDUE BURDEN OR UNNECESSARY21
	565	+	EXPENSE, THE COURT MAY LIMIT THE PARTICIPATION BY THE PERSON IN22
	566	+	THE LITIGATION AS DESCRIBED IN SUBSECTION (4)(b)(III) OF THIS SECTION.23
	567	+	(c) THE FACT THAT THE STATE HAS ELECTED NOT TO24
	568	+	PROCEED WITH AN ACTION IS NOT A BASIS FOR A MOTION TO DISMISS ,25
	569	+	MOTION FOR DETERMINATION OF A QUESTION OF LAW , OR MOTION FOR26
	570	+	SUMMARY JUDGMENT , NOR IS IT A BASIS TO DENY THE COURT27
	571	+	1119
	572	+	-16- JURISDICTION OVER THE ACTION, BUT IF THE ATTORNEY GENERAL SUBMITS1
	573	+	TO THE COURT THE ATTORNEY GENERAL'S REASONS FOR NOT PROCEEDING2
	574	+	WITH THE ACTION, THE COURT MAY CONSIDER THE REASONS WHEN3
	575	+	DECIDING A MOTION OR WHETHER THE COURT HAS JURISDICTION. IF THE4
	576	+	STATE SO REQUESTS, IT MUST BE SERVED WITH COPIES OF ALL5
	577	+	PLEADINGS FILED IN THE ACTION AND, AT THE STATE'S EXPENSE, BE6
	578	+	SUPPLIED WITH COPIES OF ALL DEPOSITION TRANSCRIPTS . WHEN THE7
	579	+	PERSON PROCEEDS WITH THE ACTION, THE COURT, WITHOUT LIMITING THE8
	580	+	STATUS AND RIGHTS OF THE PERSON, MAY NEVERTHELESS PERMIT THE9
	581	+	STATE TO INTERVENE AT A LATER DATE UPON A SHOWING OF GOOD10
	582	+	CAUSE.11
	583	+	(d) R
	584	+	EGARDLESS OF WHETHER THE STATE
	585	+	PROCEEDS WITH THE12
	586	+	ACTION, UPON A SHOWING BY THE STATE OR POLITICAL SUBDIVISION THAT13
	587	+	CERTAIN ACTIONS OF DISCOVERY BY THE PERSON WHO BROUGHT THE14
	588	+	ACTION WOULD INTERFERE WITH THE STATE 'S INVESTIGATION OR15
	589	+	PROSECUTION OF A CRIMINAL OR CIVIL MATTER ARISING OUT OF THE SAME16
	590	+	FACTS, THE COURT MAY STAY THE DISCOVERY FOR A PERIOD OF NOT MORE17
	591	+	THAN SIXTY-THREE DAYS. THE SHOWING BY THE STATE MUST BE18
	592	+	CONDUCTED IN CAMERA. THE COURT MAY EXTEND THE SIXTY-THREE-DAY19
	593	+	PERIOD UPON A FURTHER SHOWING THAT THE STATE HAS PURSUED THE20
	594	+	CRIMINAL OR CIVIL INVESTIGATION OR PROCEEDINGS WITH REASONABLE21
	595	+	DILIGENCE AND THAT ANY PROPOSED DISCOVERY IN THE CIVIL ACTION22
	596	+	WILL INTERFERE WITH THE ONGOING CRIMINAL OR CIVIL INVESTIGATION23
	597	+	OR PROCEEDINGS.24
	598	+	(e) N
	599	+	OTWITHSTANDING SUBSECTION (3)
	600	+	OF THIS SECTION, THE25
	601	+	STATE MAY ELECT TO PURSUE ITS CLAIM THROUGH ANY ALTERNATE26
	602	+	REMEDY AVAILABLE TO THE STATE. IF AN ALTERNATE REMEDY IS PURSUED27
	603	+	1119
	604	+	-17- IN ANOTHER PROCEEDING , THE PERSON WHO BROUGHT THE ACTION1
	605	+	PURSUANT TO SUBSECTION (3) OF THIS SECTION HAS THE SAME RIGHTS IN2
	606	+	THAT PROCEEDING AS THE PERSON WOULD HAVE HAD IF THE ACTION HAD3
	607	+	CONTINUED PURSUANT TO THIS SECTION . ANY FINDING OF FACT OR4
	608	+	CONCLUSION OF LAW MADE IN THE OTHER PROCEEDING THAT HAS BECOME5
	609	+	FINAL IS BINDING ON ALL PARTIES TO AN ACTION BROUGHT PURSUANT TO6
	610	+	THIS SECTION. FOR PURPOSES OF THIS SUBSECTION (4)(e), A FINDING OR7
	611	+	CONCLUSION IS FINAL IF IT HAS BEEN FINALLY DETERMINED ON APPEAL TO8
	612	+	THE APPROPRIATE COURT OF THE STATE , IF ALL TIME FOR FILING SUCH AN9
	613	+	APPEAL WITH RESPECT TO THE FINDING OR CONCLUSION HAS EXPIRED , OR10
	614	+	IF THE FINDING OR CONCLUSION IS NOT SUBJECT TO JUDICIAL REVIEW .11
	615	+	(5) Award to a person who brings an action. (a) (I) SUBJECT TO12
	616	+	SUBSECTION (5)(a)(II) OF THIS SECTION, IF THE STATE PROCEEDS WITH13
	617	+	AN ACTION BROUGHT BY A PERSON PURSUANT TO SUBSECTION (3) OF THIS14
	618	+	SECTION, THE COURT SHALL AWARD THE PERSON AT LEAST FIFTEEN15
	619	+	PERCENT BUT NOT MORE THAN TWENTY -FIVE PERCENT OF THE PROCEEDS16
	620	+	RECEIVED FROM THE ACTION OR SETTLEMENT OF THE CLAIM , DEPENDING17
	621	+	UPON THE EXTENT TO WHICH THE PERSON SUBSTANTIALLY CONTRIBUTED18
	622	+	TO THE INVESTIGATION AND PROSECUTION OF THE ACTION .19
	623	+	(II) I
	624	+	F THE COURT FINDS THE ACTION TO BE BASED PRIMARILY ON20
	625	+	DISCLOSURES OF SPECIFIC INFORMATION , OTHER THAN INFORMATION21
	626	+	PROVIDED BY THE
	627	+	PERSON WHO BROUGHT THE ACTION, RELATING TO22
	628	+	ALLEGATIONS OR TRANSACTIONS IN A CRIMINAL , CIVIL, OR23
	629	+	ADMINISTRATIVE HEARING ; IN A LEGISLATIVE, ADMINISTRATIVE, OR24
	630	+	FORMAL AUDIT REPORT, HEARING, OR INVESTIGATION; OR FROM THE NEWS25
	631	+	MEDIA, THE COURT MAY AWARD TO THE PERSON SUCH SUMS AS IT26
	632	+	CONSIDERS APPROPRIATE BUT IN NO CASE MORE THAN TEN PERCENT OF27
	633	+	1119
	634	+	-18- THE PROCEEDS. IN MAKING ITS DETERMINATION , THE COURT SHALL1
	635	+	CONSIDER THE SIGNIFICANCE OF THE INFORMATION PROVIDED BY THE2
	636	+	PERSON AND THE ROLE OF THE PERSON IN ADVANCING THE CASE TO3
	637	+	LITIGATION.4
	638	+	(III) A
	639	+	NY PAYMENT TO A
	640	+	PERSON MADE PURSUANT TO THIS5
	641	+	SUBSECTION (5)(a) MUST BE MADE FROM THE PROCEEDS . IN ADDITION TO6
	642	+	AN AWARD MADE PURSUANT TO SUBSECTION (5)(a)(I) OR (5)(a)(II) OF THIS7
	643	+	SECTION, THE COURT SHALL AWARD THE PERSON AN AMOUNT FOR8
	644	+	REASONABLE EXPENSES THAT THE COURT FINDS TO HAVE BEEN9
	645	+	NECESSARILY INCURRED, PLUS REASONABLE ATTORNEY FEES AND COSTS .10
	646	+	T
	647	+	HE COURT SHALL AWARD ALL OF THE EXPENSES , FEES, AND COSTS11
	648	+	AGAINST THE DEFENDANT.12
	649	+	(IV) I
	650	+	F THE
	651	+	PERSON WHO BROUGHT THE ACTION IS A GOVERNMENT13
	652	+	EMPLOYEE WHO, IN THE COURSE OF THE PERSON'S WORK FOR THE STATE 14
	653	+	GAINS KNOWLEDGE OF ANY INFORMATION THAT FORMS , IN WHOLE OR IN15
	654	+	PART, THE BASIS OF THE PERSON'S CLAIM, THE COURT SHALL AWARD TO16
	655	+	THE STATE THAT EMPLOYS THE PERSON THE AMOUNT THAT WOULD17
	656	+	OTHERWISE BE AWARDED TO THE PERSON PURSUANT TO THIS SUBSECTION18
	657	+	(5).19
441	658		(b) I
442		-	F THE STATE AUDITOR ELECTS TO PARTICIPATE IN ANY
443		-	INVESTIGATION AND PROSECUTION OF A FALSE CLAIM
444		-	, THE STATE AUDITOR'S
445		-	INTERESTS WILL BE REPRESENTED BY THE ATTORNEY GENERAL
446		-	.
447		-	(3) Actions by private persons. (a) A
448		-	PERSON MAY BRING A CIVIL
449		-	ACTION FOR A VIOLATION OF SECTION
450		-	24-31-1203 FOR THE PERSON AND FOR
451		-	THE STATE
452		-	. THE ACTION MUST BE BROUGHT IN THE NAME OF THE STATE . THE
453		-	COURT SHALL NOT DISMISS AN ACTION UPON MOTION OF THE PRIVATE
454		-	PERSON WHO BROUGHT THE ACTION UNLESS THE ATTORNEY GENERAL GIVES
455		-	WRITTEN CONSENT TO THE DISMISSAL AND REASONS FOR CONSENTING
456		-	.
457		-	(b) (I) A
458		-	PERSON WHO BRINGS AN ACTION SHALL SERVE ON THE
459		-	PAGE 9-HOUSE BILL 22-1119 STATE, PURSUANT TO RULE 4 OF THE COLORADO RULES OF CIVIL PROCEDURE,
460		-	A COPY OF THE COMPLAINT AND WRITTEN DISCLOSURE OF SUBSTANTIALLY
461		-	ALL MATERIAL EVIDENCE AND INFORMATION THE PERSON POSSESSES
462		-	;
463		-	EXCEPT THAT THE PERSON SHALL NOT DISCLOSE ANY EVIDENCE OR
464		-	INFORMATION THAT THE PERSON REASONABLY BELIEVES IS PROTECTED BY
465		-	THE DEFENDANT
466		-	'S ATTORNEY-CLIENT PRIVILEGE UNLESS THE PRIVILEGE WAS
467		-	WAIVED
468		-	, INADVERTENTLY OR OTHERWISE , BY THE PERSON WHO HOLDS THE
469		-	PRIVILEGE
470		-	; AN EXCEPTION TO THE PRIVILEGE APPLIES; OR DISCLOSURE OF
471		-	THE INFORMATION IS PERMITTED BY AN ATTORNEY PURSUANT TO
472		-	17 CFR
473		-	205.3 (d)(2),
474		-	THE APPLICABLE COLORADO RULES OF PROFESSIONAL
475		-	CONDUCT
476		-	, OR OTHERWISE. THE COMPLAINT MUST BE FILED IN CAMERA, MUST
477		-	REMAIN UNDER SEAL FOR AT LEAST SIXTY
478		-	-THREE DAYS, AND MUST NOT BE
479		-	SERVED ON THE DEFENDANT UNTIL THE COURT SO ORDERS
480		-	. THE STATE MAY
481		-	ELECT TO INTERVENE AND PROCEED WITH THE ACTION WITHIN SIXTY
482		-	-THREE
483		-	DAYS AFTER IT RECEIVES BOTH THE COMPLAINT AND THE MATERIAL
484		-	EVIDENCE AND INFORMATION
485		-	.
486		-	(II) I
487		-	N DETERMINING WHETHER TO INTERVENE AND PROCEED WITH
488		-	AN ACTION PURSUANT TO THIS SUBSECTION
489		-	(3)(b), THE ATTORNEY GENERAL
490		-	SHALL CONSIDER THE FACTORS DESCRIBED IN SUBSECTION
491		-	(1)(d) OF THIS
492		-	SECTION
493		-	. THE ATTORNEY GENERAL 'S DECISION-MAKING PROCESS
494		-	CONCERNING WHETHER TO INTERVENE AND ANY RECORDS RELATED TO THE
495		-	DECISION
496		-	-MAKING PROCESS ARE NOT DISCOVERABLE IN ANY ACTION .
497		-	(c) T
498		-	HE STATE MAY, FOR GOOD CAUSE SHOWN, MOVE THE COURT FOR
499		-	EXTENSIONS OF THE TIME DURING WHICH THE COMPLAINT REMAINS UNDER
500		-	SEAL PURSUANT TO SUBSECTION
501		-	(3)(b) OF THIS SECTION. THE MOTION MAY
502		-	BE SUPPORTED BY AFFIDAVITS OR OTHER SUBMISSIONS IN CAMERA
503		-	. THE
504		-	DEFENDANT IS NOT REQUIRED TO RESPOND TO ANY COMPLAINT FILED
505		-	PURSUANT TO THIS SECTION UNTIL TWENTY
506		-	-ONE DAYS AFTER THE
507		-	COMPLAINT IS UNSEALED AND SERVED UPON THE DEFENDANT PURSUANT TO
508		-	RULE
509		-	4 OF THE COLORADO RULES OF CIVIL PROCEDURE .
510		-	(d) B
511		-	EFORE THE EXPIRATION OF THE SIXTY -THREE-DAY PERIOD
512		-	PURSUANT TO SUBSECTION
513		-	(3)(b) OF THIS SECTION AND ANY EXTENSIONS
514		-	OBTAINED PURSUANT TO SUBSECTION
515		-	(3)(c) OF THIS SECTION, THE STATE
516		-	SHALL
517		-	:
518		-	(I) P
519		-	ROCEED WITH THE ACTION, IN WHICH CASE THE STATE SHALL
520		-	CONDUCT THE ACTION
521		-	; OR
522		-	PAGE 10-HOUSE BILL 22-1119 (II) NOTIFY THE COURT THAT IT DECLINES TO TAKE OVER THE
523		-	ACTION
524		-	, IN WHICH CASE THE PERSON WHO BROUGHT THE ACTION HAS THE
525		-	RIGHT TO CONTINUE THE ACTION
526		-	.
527		-	(e) W
528		-	HEN A PERSON BRINGS AN ACTION PURSUANT TO THIS
529		-	SUBSECTION
530		-	(3), ONLY THE STATE MAY INTERVENE OR BRING A RELATED
531		-	ACTION BASED ON THE FACTS UNDERLYING THE PENDING ACTION
532		-	.
533		-	(f) A
534		-	NY INFORMATION PROVIDED BY A PERSON TO THE STATE
535		-	PURSUANT TO THIS SUBSECTION
536		-	(3) IS EXEMPT FROM DISCLOSURE PURSUANT
537		-	TO THE
538		-	"COLORADO OPEN RECORDS ACT", PART 2 OF ARTICLE 72 OF THIS
539		-	TITLE
540		-	24.
541		-	(4) Rights of parties to private actions. (a) I
542	659		F THE STATE
543		-	PROCEEDS WITH AN ACTION BROUGHT PURSUANT TO SUBSECTION
544		-	(3) OF THIS
545		-	SECTION
546		-	, IT HAS THE PRIMARY RESPONSIBILITY FOR PROSECUTING THE
547		-	ACTION AND IS NOT BOUND BY AN ACT OF THE PERSON WHO BROUGHT THE
548		-	ACTION
549		-	. THE PERSON HAS THE RIGHT TO CONTINUE AS A PARTY TO THE
550		-	ACTION
551		-	, SUBJECT TO THE LIMITATIONS SET FORTH IN SUBSECTION (3)(b) OF
552		-	THIS SECTION
553		-	.
554		-	(b) (I) T
555		-	HE STATE MAY, AT ANY TIME, DISMISS THE ACTION, IN
556		-	WHOLE OR IN PART
557		-	, NOTWITHSTANDING THE OBJECTIONS OF THE PERSON
558		-	WHO BROUGHT THE ACTION IF THE PERSON HAS BEEN NOTIFIED BY THE STATE
559		-	OF THE FILING OF THE MOTION AND THE COURT HAS PROVIDED THE PERSON
560		-	WITH AN OPPORTUNITY FOR A HEARING ON THE MOTION
561		-	.
562		-	(II) T
563		-	HE STATE MAY SETTLE THE ACTION WITH THE DEFENDANT
564		-	NOTWITHSTANDING THE OBJECTIONS OF THE PERSON WHO BROUGHT THE
565		-	ACTION IF THE COURT DETERMINES
566		-	, AFTER A HEARING, THAT THE PROPOSED
567		-	SETTLEMENT IS FAIR
568		-	, ADEQUATE, AND REASONABLE UNDER ALL THE
569		-	CIRCUMSTANCES
570		-	. UPON A SHOWING OF GOOD CAUSE, THE COURT MAY HOLD
571		-	THE HEARING IN CAMERA
572		-	.
573		-	(III) U
574		-	PON A SHOWING BY THE STATE THAT UNRESTRICTED
575		-	PARTICIPATION DURING THE COURSE OF THE LITIGATION BY THE PERSON WHO
576		-	BROUGHT THE ACTION WOULD INTERFERE WITH OR UNDULY DELAY THE
577		-	STATE
578		-	'S PROSECUTION OF THE CASE , OR WOULD BE REPETITIOUS ,
579		-	IRRELEVANT, OR FOR PURPOSES OF HARASSMENT , THE COURT MAY, IN ITS
580		-	DISCRETION
581		-	, IMPOSE LIMITATIONS ON THE PERSON 'S PARTICIPATION,
582		-	PAGE 11-HOUSE BILL 22-1119 INCLUDING BUT NOT LIMITED TO:
583		-	(A) L
584		-	IMITING THE NUMBER OF WITNESSES THE PERSON MAY CALL ;
585		-	(B) L
586		-	IMITING THE LENGTH OF THE TESTIMONY OF THE WITNESSES
587		-	CALLED BY THE PERSON
588		-	;
589		-	(C) L
590		-	IMITING THE PERSON'S CROSS-EXAMINATION OF WITNESSES ;
591		-	AND
592		-	(D) OTHERWISE LIMITING THE PARTICIPATION BY THE PERSON IN THE
593		-	LITIGATION
594		-	.
595		-	(IV) U
596		-	PON A SHOWING BY THE DEFENDANT THAT UNRESTRICTED
597		-	PARTICIPATION DURING THE COURSE OF THE LITIGATION BY THE PERSON WHO
598		-	BROUGHT THE ACTION WOULD BE FOR PURPOSES OF HARASSMENT OR WOULD
599		-	CAUSE THE DEFENDANT UNDUE BURDEN OR UNNECESSARY EXPENSE
600		-	, THE
601		-	COURT MAY LIMIT THE PARTICIPATION BY THE PERSON IN THE LITIGATION AS
602		-	DESCRIBED IN SUBSECTION
603		-	(4)(b)(III) OF THIS SECTION.
604		-	(c) T
605		-	HE FACT THAT THE STATE HAS ELECTED NOT TO PROCEED WITH
606		-	AN ACTION IS NOT A BASIS FOR A MOTION TO DISMISS
607		-	, MOTION FOR
608		-	DETERMINATION OF A QUESTION OF LAW
609		-	, OR MOTION FOR SUMMARY
610		-	JUDGMENT
611		-	, NOR IS IT A BASIS TO DENY THE COURT JURISDICTION OVER THE
612		-	ACTION
613		-	, BUT IF THE ATTORNEY GENERAL SUBMITS TO THE COURT THE
614		-	ATTORNEY GENERAL
615		-	'S REASONS FOR NOT PROCEEDING WITH THE ACTION ,
616		-	THE COURT MAY CONSIDER THE REASONS WHEN DECIDING A MOTION OR
617		-	WHETHER THE COURT HAS JURISDICTION
618		-	. IF THE STATE SO REQUESTS, IT
619		-	MUST BE SERVED WITH COPIES OF ALL PLEADINGS FILED IN THE ACTION AND
620		-	,
621		-	AT THE STATE'S EXPENSE, BE SUPPLIED WITH COPIES OF ALL DEPOSITION
622		-	TRANSCRIPTS
623		-	. WHEN THE PERSON PROCEEDS WITH THE ACTION , THE COURT,
624		-	WITHOUT LIMITING THE STATUS AND RIGHTS OF THE PERSON , MAY
625		-	NEVERTHELESS PERMIT THE STATE TO INTERVENE AT A LATER DATE UPON A
626		-	SHOWING OF GOOD CAUSE
627		-	.
628		-	(d) R
629		-	EGARDLESS OF WHETHER THE STATE PROCEEDS WITH THE
630		-	ACTION
631		-	, UPON A SHOWING BY THE STATE OR POLITICAL SUBDIVISION THAT
632		-	CERTAIN ACTIONS OF DISCOVERY BY THE PERSON WHO BROUGHT THE ACTION
633		-	WOULD INTERFERE WITH THE STATE
634		-	'S INVESTIGATION OR PROSECUTION OF
635		-	A CRIMINAL OR CIVIL MATTER ARISING OUT OF THE SAME FACTS
636		-	, THE COURT
637		-	PAGE 12-HOUSE BILL 22-1119 MAY STAY THE DISCOVERY FOR A PERIOD OF NOT MORE THAN SIXTY -THREE
638		-	DAYS
639		-	. THE SHOWING BY THE STATE MUST BE CONDUCTED IN CAMERA . THE
640		-	COURT MAY EXTEND THE SIXTY
641		-	-THREE-DAY PERIOD UPON A FURTHER
642		-	SHOWING THAT THE STATE HAS PURSUED THE CRIMINAL OR CIVIL
643		-	INVESTIGATION OR PROCEEDINGS WITH REASONABLE DILIGENCE AND THAT
644		-	ANY PROPOSED DISCOVERY IN THE CIVIL ACTION WILL INTERFERE WITH THE
645		-	ONGOING CRIMINAL OR CIVIL INVESTIGATION OR PROCEEDINGS
646		-	.
647		-	(e) N
648		-	OTWITHSTANDING SUBSECTION (3) OF THIS SECTION, THE STATE
649		-	MAY ELECT TO PURSUE ITS CLAIM THROUGH ANY ALTERNATE REMEDY
650		-	AVAILABLE TO THE STATE
651		-	. IF AN ALTERNATE REMEDY IS PURSUED IN
652		-	ANOTHER PROCEEDING
653		-	, THE PERSON WHO BROUGHT THE ACTION PURSUANT
654		-	TO SUBSECTION
655		-	(3) OF THIS SECTION HAS THE SAME RIGHTS IN THAT
656		-	PROCEEDING AS THE PERSON WOULD HAVE HAD IF THE ACTION HAD
657		-	CONTINUED PURSUANT TO THIS SECTION
658		-	. ANY FINDING OF FACT OR
659		-	CONCLUSION OF LAW MADE IN THE OTHER PROCEEDING THAT HAS BECOME
660		-	FINAL IS BINDING ON ALL PARTIES TO AN ACTION BROUGHT PURSUANT TO
661		-	THIS SECTION
662		-	. FOR PURPOSES OF THIS SUBSECTION (4)(e), A FINDING OR
663		-	CONCLUSION IS FINAL IF IT HAS BEEN FINALLY DETERMINED ON APPEAL TO
664		-	THE APPROPRIATE COURT OF THE STATE
665		-	, IF ALL TIME FOR FILING SUCH AN
666		-	APPEAL WITH RESPECT TO THE FINDING OR CONCLUSION HAS EXPIRED
667		-	, OR IF
668		-	THE FINDING OR CONCLUSION IS NOT SUBJECT TO JUDICIAL REVIEW
669		-	.
670		-	(5) Award to a person who brings an action. (a) (I) S
671		-	UBJECT TO
672		-	SUBSECTION
673		-	(5)(a)(II) OF THIS SECTION, IF THE STATE PROCEEDS WITH AN
674		-	ACTION BROUGHT BY A PERSON PURSUANT TO SUBSECTION
675		-	(3) OF THIS
676		-	SECTION
677		-	, THE COURT SHALL AWARD THE PERSON AT LEAST FIFTEEN PERCENT
678		-	BUT NOT MORE THAN TWENTY
679		-	-FIVE PERCENT OF THE PROCEEDS RECEIVED
680		-	FROM THE ACTION OR SETTLEMENT OF THE CLAIM
681		-	, DEPENDING UPON THE
682		-	EXTENT TO WHICH THE PERSON SUBSTANTIALLY CONTRIBUTED TO THE
683		-	INVESTIGATION AND PROSECUTION OF THE ACTION
684		-	.
685		-	(II) I
686		-	F THE COURT FINDS THE ACTION TO BE BASED PRIMARILY ON
687		-	DISCLOSURES OF SPECIFIC INFORMATION
688		-	, OTHER THAN INFORMATION
689		-	PROVIDED BY THE PERSON WHO BROUGHT THE ACTION
690		-	, RELATING TO
691		-	ALLEGATIONS OR TRANSACTIONS IN A CRIMINAL
692		-	, CIVIL, OR ADMINISTRATIVE
693		-	HEARING
694		-	; IN A LEGISLATIVE, ADMINISTRATIVE, OR FORMAL AUDIT REPORT,
695		-	HEARING, OR INVESTIGATION; OR FROM THE NEWS MEDIA, THE COURT MAY
696		-	AWARD TO THE PERSON SUCH SUMS AS IT CONSIDERS APPROPRIATE BUT IN NO
697		-	CASE MORE THAN TEN PERCENT OF THE PROCEEDS
698		-	. IN MAKING ITS
699		-	PAGE 13-HOUSE BILL 22-1119 DETERMINATION, THE COURT SHALL CONSIDER THE SIGNIFICANCE OF THE
700		-	INFORMATION PROVIDED BY THE PERSON AND THE ROLE OF THE PERSON IN
701		-	ADVANCING THE CASE TO LITIGATION
702		-	.
703		-	(III) A
704		-	NY PAYMENT TO A PERSON MADE PURSUANT TO THIS
705		-	SUBSECTION
706		-	(5)(a) MUST BE MADE FROM THE PROCEEDS . IN ADDITION TO AN
707		-	AWARD MADE PURSUANT TO SUBSECTION
708		-	(5)(a)(I) OR (5)(a)(II) OF THIS
709		-	SECTION
710		-	, THE COURT SHALL AWARD THE PERSON AN AMOUNT FOR
711		-	REASONABLE EXPENSES THAT THE COURT FINDS TO HAVE BEEN NECESSARILY
712		-	INCURRED
713		-	, PLUS REASONABLE ATTORNEY FEES AND COSTS . THE COURT
714		-	SHALL AWARD ALL OF THE EXPENSES
715		-	, FEES, AND COSTS AGAINST THE
716		-	DEFENDANT
717		-	.
718		-	(IV) I
719		-	F THE PERSON WHO BROUGHT THE ACTION IS A GOVERNMENT
720		-	EMPLOYEE WHO
721		-	, IN THE COURSE OF THE PERSON'S WORK FOR THE STATE
722		-	GAINS KNOWLEDGE OF ANY INFORMATION THAT FORMS
723		-	, IN WHOLE OR IN
724		-	PART
725		-	, THE BASIS OF THE PERSON'S CLAIM, THE COURT SHALL AWARD TO THE
726		-	STATE THAT EMPLOYS THE PERSON THE AMOUNT THAT WOULD OTHERWISE
727		-	BE AWARDED TO THE PERSON PURSUANT TO THIS SUBSECTION
728		-	(5).
729		-	(b) I
730		-	F THE STATE DOES NOT INTERVENE IN AND PROCEED WITH AN
731		-	ACTION PURSUANT TO SUBSECTION
732		-	(3)(b) OF THIS SECTION, THE PERSON
733		-	PREVAILING IN THE ACTION OR SETTLING THE CLAIM MUST RECEIVE AN
734		-	AMOUNT THAT THE COURT DECIDES IS REASONABLE FOR COLLECTING THE
735		-	CIVIL PENALTY AND DAMAGES
736		-	. THE AMOUNT MUST BE AT LEAST
737		-	TWENTY
738		-	-FIVE PERCENT BUT NOT MORE THAN THIRTY PERCENT OF THE
739		-	PROCEEDS RECEIVED FROM THE ACTION OR SETTLEMENT AND MUST BE PAID
740		-	OUT OF THE PROCEEDS
741		-	. THE COURT SHALL AWARD THE PERSON AN AMOUNT
742		-	FOR REASONABLE EXPENSES THAT THE COURT FINDS TO HAVE BEEN
743		-	NECESSARILY INCURRED
744		-	, PLUS REASONABLE ATTORNEY FEES AND COSTS .
745		-	T
746		-	HE COURT SHALL AWARD ALL OF THE EXPENSES , FEES, AND COSTS AGAINST
747		-	THE DEFENDANT
748		-	.
	660	+	DOES NOT INTERVENE IN AND PROCEED WITH20
	661	+	AN ACTION PURSUANT TO SUBSECTION (3)(b) OF THIS SECTION, THE21
	662	+	PERSON PREVAILING IN THE ACTION OR SETTLING THE CLAIM MUST22
	663	+	RECEIVE AN AMOUNT THAT THE COURT DECIDES IS REASONABLE FOR23
	664	+	COLLECTING THE CIVIL PENALTY AND DAMAGES . THE AMOUNT MUST BE AT24
	665	+	LEAST TWENTY-FIVE PERCENT BUT NOT MORE THAN THIRTY PERCENT OF25
	666	+	THE PROCEEDS RECEIVED FROM THE ACTION OR SETTLEMENT AND MUST BE26
	667	+	PAID OUT OF THE PROCEEDS. THE COURT SHALL AWARD THE PERSON AN27
	668	+	1119
	669	+	-19- AMOUNT FOR REASONABLE EXPENSES THAT THE COURT FINDS TO HAVE1
	670	+	BEEN NECESSARILY INCURRED , PLUS REASONABLE ATTORNEY FEES AND2
	671	+	COSTS. THE COURT SHALL AWARD ALL OF THE EXPENSES , FEES, AND COSTS3
	672	+	AGAINST THE DEFENDANT.4
749	673		(c) R
750		-	EGARDLESS OF WHETHER THE STATE INTERVENES IN AND
751		-	PROCEEDS WITH AN ACTION PURSUANT TO SUBSECTION
752		-	(3)(b) OF THIS
753		-	SECTION
754		-	, IF THE COURT FINDS THAT THE ACTION WAS BROUGHT BY A PERSON
755		-	WHO PLANNED AND INITIATED THE VIOLATION OF SECTION
756		-	24-31-1203 UPON
757		-	WHICH THE ACTION WAS BROUGHT
758		-	, THE COURT MAY, TO THE EXTENT THE
759		-	COURT CONSIDERS APPROPRIATE
760		-	, REDUCE THE SHARE OF THE PROCEEDS OF
761		-	THE ACTION THAT THE PERSON WOULD OTHERWISE RECEIVE PURSUANT TO
762		-	PAGE 14-HOUSE BILL 22-1119 THIS SUBSECTION (5), TAKING INTO ACCOUNT THE ROLE OF THE PERSON IN
763		-	ADVANCING THE CASE TO LITIGATION AND ANY RELEVANT CIRCUMSTANCES
764		-	PERTAINING TO THE VIOLATION
765		-	. IF THE PERSON IS CONVICTED OF CRIMINAL
766		-	CONDUCT ARISING FROM HIS OR HER ROLE IN THE VIOLATION OF SECTION
767		-	24-31-1203, THE COURT SHALL DISMISS THE PERSON FROM THE CIVIL ACTION
768		-	AND THE PERSON MUST NOT RECEIVE ANY SHARE OF THE PROCEEDS OF THE
769		-	ACTION
770		-	. SUCH DISMISSAL DOES NOT PREJUDICE THE RIGHT OF THE STATE TO
771		-	CONTINUE THE ACTION
772		-	.
	674	+	EGARDLESS OF WHETHER THE STATE
	675	+	INTERVENES IN AND5
	676	+	PROCEEDS WITH AN ACTION PURSUANT TO SUBSECTION (3)(b) OF THIS6
	677	+	SECTION, IF THE COURT FINDS THAT THE ACTION WAS BROUGHT BY A7
	678	+	PERSON WHO PLANNED AND INITIATED THE VIOLATION OF SECTION8
	679	+	24-31-1203
	680	+	UPON WHICH THE ACTION WAS BROUGHT , THE COURT MAY, TO9
	681	+	THE EXTENT THE COURT CONSIDERS APPROPRIATE , REDUCE THE SHARE OF10
	682	+	THE PROCEEDS OF THE ACTION THAT THE
	683	+	PERSON WOULD OTHERWISE11
	684	+	RECEIVE PURSUANT TO THIS SUBSECTION (5), TAKING INTO ACCOUNT THE12
	685	+	ROLE OF THE PERSON IN ADVANCING THE CASE TO LITIGATION AND ANY13
	686	+	RELEVANT CIRCUMSTANCES PERTAINING TO THE VIOLATION . IF THE14
	687	+	PERSON IS CONVICTED OF CRIMINAL CONDUCT ARISING FROM HIS OR HER15
	688	+	ROLE IN THE VIOLATION OF SECTION 24-31-1203, THE COURT SHALL16
	689	+	DISMISS THE PERSON FROM THE CIVIL ACTION AND THE PERSON MUST NOT17
	690	+	RECEIVE ANY SHARE OF THE PROCEEDS OF THE ACTION . SUCH DISMISSAL18
	691	+	DOES NOT PREJUDICE THE RIGHT OF THE STATE TO CONTINUE THE19
	692	+	ACTION.20
773	693		(d) I
774		-	F THE STATE DOES NOT INTERVENE IN AND PROCEED WITH AN
775		-	ACTION PURSUANT TO SUBSECTION
776		-	(3)(b) OF THIS SECTION AND THE PERSON
777		-	WHO BROUGHT THE ACTION PURSUES THE ACTION
778		-	, THE COURT MAY AWARD
779		-	TO THE DEFENDANT REASONABLE ATTORNEY FEES AND EXPENSES IF THE
780		-	DEFENDANT PREVAILS IN THE ACTION AND THE COURT FINDS THAT THE
781		-	CLAIM OF THE PERSON WAS CLEARLY FRIVOLOUS
782		-	, CLEARLY VEXATIOUS, OR
783		-	BROUGHT PRIMARILY FOR PURPOSES OF HARASSMENT
784		-	.
785		-	(6) Certain actions barred. (a) A
786		-	COURT DOES NOT HAVE
787		-	JURISDICTION OVER AN ACTION BROUGHT PURSUANT TO THIS SECTION
788		-	:
	694	+	F THE STATE
	695	+	DOES NOT INTERVENE IN AND PROCEED WITH21
	696	+	AN ACTION PURSUANT TO SUBSECTION (3)(b) OF THIS SECTION AND THE22
	697	+	PERSON WHO BROUGHT THE ACTION PURSUES THE ACTION, THE COURT23
	698	+	MAY AWARD TO THE DEFENDANT REASONABLE ATTORNEY FEES AND24
	699	+	EXPENSES IF THE DEFENDANT PREVAILS IN THE ACTION AND THE COURT25
	700	+	FINDS THAT THE CLAIM OF THE PERSON WAS CLEARLY FRIVOLOUS ,26
	701	+	CLEARLY VEXATIOUS , OR BROUGHT PRIMARILY FOR PURPOSES OF27
	702	+	1119
	703	+	-20- HARASSMENT.1
	704	+	(6) Certain actions barred. (a) A COURT DOES NOT HAVE2
	705	+	JURISDICTION OVER AN ACTION BROUGHT PURSUANT TO THIS SECTION :3
789	706		(I) A
790		-	GAINST A SERVING MEMBER OF THE GENERAL ASSEMBLY , A
791		-	MEMBER OF THE STATE JUDICIARY
792		-	, AN EXECUTIVE DIRECTOR OF A STATE
793		-	AGENCY
794		-	, OR AN ELECTED OFFICIAL IN THE EXECUTIVE BRANCH OF THE STATE
795		-	OF
796		-	COLORADO ACTING IN THE MEMBER 'S, EXECUTIVE DIRECTOR'S, OR
797		-	OFFICIAL
798		-	'S OFFICIAL CAPACITY;
	707	+	GAINST A SERVING MEMBER OF THE GENERAL ASSEMBLY , A4
	708	+	MEMBER OF THE STATE JUDICIARY,
	709	+	AN EXECUTIVE DIRECTOR OF A STATE5
	710	+	AGENCY, OR AN ELECTED OFFICIAL IN THE EXECUTIVE BRANCH OF THE6
	711	+	STATE OF COLORADO ACTING IN THE MEMBER'S, EXECUTIVE DIRECTOR'S,7
	712	+	OR OFFICIAL'S OFFICIAL CAPACITY; 8
799	713		(II) A
800	714		GAINST A SERVING ELECTED OFFICIAL OF A POLITICAL
801		-	SUBDIVISION
802		-	, A MEMBER OF A POLITICAL SUBDIVISION'S JUDICIARY, OR AN
803		-	APPOINTED OFFICIAL OF A POLITICAL SUBDIVISION ACTING IN THE MEMBER
804		-	'S
805		-	OR OFFICIAL
806		-	'S OFFICIAL CAPACITY; OR
807		-	(III) IF THE ACTION IS BROUGHT BY A PERSON PURSUANT TO
808		-	SUBSECTION
809		-	(3) OF THIS SECTION AND IS BASED ON EVIDENCE OR
810		-	INFORMATION KNOWN TO THE STATE WHEN THE ACTION WAS BROUGHT
811		-	.
	715	+	9
	716	+	SUBDIVISION, A MEMBER OF A POLITICAL SUBDIVISION'S JUDICIARY, OR AN10
	717	+	APPOINTED OFFICIAL OF A POLITICAL SUBDIVISION ACTING IN THE11
	718	+	MEMBER'S OR OFFICIAL'S OFFICIAL CAPACITY; OR12
	719	+	(III) IF THE ACTION IS BROUGHT BY A PERSON PURSUANT TO13
	720	+	SUBSECTION (3) OF THIS SECTION AND IS BASED ON EVIDENCE OR14
	721	+	INFORMATION KNOWN TO THE STATE WHEN THE ACTION WAS BROUGHT .15
812	722		(b) A
813		-	PERSON MAY NOT BRING AN ACTION PURSUANT TO SUBSECTION
814		-	(3) OF THIS SECTION THAT IS BASED UPON ALLEGATIONS OR TRANSACTIONS
815		-	THAT ARE THE SUBJECT OF A CIVIL SUIT IN A COURT OF THIS STATE OR AN
816		-	ADMINISTRATIVE CIVIL MONEY PENALTY PROCEEDING IN WHICH THE STATE
817		-	IS ALREADY A PARTY
818		-	.
819		-	PAGE 15-HOUSE BILL 22-1119 (c) (I) A COURT SHALL DISMISS AN ACTION OR CLAIM BROUGHT
820		-	PURSUANT TO SUBSECTION
821		-	(3) OF THIS SECTION IF THE ACTION PURSUED BY
822		-	THE PERSON IS BASED UPON SUBSTANTIALLY THE SAME ALLEGATIONS OR
823		-	TRANSACTIONS PUBLICLY DISCLOSED IN A CRIMINAL
824		-	, CIVIL, OR
825		-	ADMINISTRATIVE HEARING
826		-	; IN A LEGISLATIVE, ADMINISTRATIVE, OR FORMAL
827		-	AUDIT REPORT
828		-	, HEARING, OR INVESTIGATION; OR FROM THE NEWS MEDIA,
829		-	UNLESS:
	723	+
	724	+	PERSON MAY NOT BRING AN ACTION PURSUANT TO16
	725	+	SUBSECTION (3) OF THIS SECTION THAT IS BASED UPON ALLEGATIONS OR17
	726	+	TRANSACTIONS THAT ARE THE SUBJECT OF A CIVIL SUIT IN A COURT OF THIS18
	727	+	STATE OR AN ADMINISTRATIVE CIVIL MONEY PENALTY PROCEEDING IN19
	728	+	WHICH THE STATE IS ALREADY A PARTY.20
	729	+	(c) (I) A
	730	+	COURT SHALL DISMISS AN ACTION OR CLAIM BROUGHT21
	731	+	PURSUANT TO SUBSECTION (3)
	732	+	OF THIS SECTION IF THE ACTION PURSUED BY22
	733	+	THE PERSON IS BASED UPON SUBSTANTIALLY THE SAME ALLEGATIONS OR23
	734	+	TRANSACTIONS PUBLICLY DISCLOSED IN A CRIMINAL , CIVIL, OR24
	735	+	ADMINISTRATIVE HEARING ; IN A LEGISLATIVE, ADMINISTRATIVE, OR25
	736	+	FORMAL AUDIT REPORT, HEARING, OR INVESTIGATION; OR FROM THE NEWS26
	737	+	MEDIA, UNLESS:27
	738	+	1119
	739	+	-21- (A) THE STATE INTERVENES AND PROSECUTES THE ACTION1
	740	+	PURSUANT TO SUBSECTION (3)(b) OF THIS SECTION;2
	741	+	(B) T
	742	+	HE STATE
	743	+	OPPOSES DISMISSAL; OR3
	744	+	(C) T
	745	+	HE
	746	+	PERSON WHO BROUGHT THE ACTION IS AN ORIGINAL4
	747	+	SOURCE OF THE INFORMATION THAT IS THE BASIS FOR THE ACTION .5
	748	+	(II) A
	749	+	S USED IN THIS SUBSECTION (6)(c)
	750	+	, "ORIGINAL SOURCE"6
	751	+	MEANS AN INDIVIDUAL WHO:7
	752	+	(A) P
	753	+	RIOR TO PUBLIC DISCLOSURE PURSUANT TO SUBSECTION8
	754	+	(6)(c)(I)
	755	+	OF THIS SECTION, HAS VOLUNTARILY DISCLOSED TO THE STATE 9
	756	+	THE INFORMATION ON WHICH THE ALLEGATIONS OR TRANSACTIONS IN A10
	757	+	CLAIM ARE BASED; OR11
	758	+	(B) H
	759	+	AS KNOWLEDGE THAT IS INDEPENDENT OF AND MATERIALLY12
	760	+	ADDS TO THE PUBLICLY DISCLOSED ALLEGATIONS OR TRANSACTIONS AND13
	761	+	HAS VOLUNTARILY PROVIDED THE INFORMATION TO THE STATE
	762	+	BEFORE14
	763	+	FILING AN ACTION PURSUANT TO SUBSECTION (3) OF THIS SECTION.15
	764	+	(7) State not liable for certain expenses. T HE STATE IS16
	765	+	NOT LIABLE FOR EXPENSES THAT A PERSON INCURS IN BRINGING AN ACTION17
	766	+	PURSUANT TO SUBSECTION (3) OF THIS SECTION.18
	767	+	(8) Private action for retaliation. (a) A S USED IN THIS19
	768	+	SUBSECTION (8), UNLESS THE CONTEXT OTHERWISE REQUIRES :20
	769	+	(I) "C
	770	+	ONFIDENTIAL INFORMATION " INCLUDES DOCUMENTS ;21
	771	+	E-MAILS AND OTHER ELECTRONIC DATA ; MEDICAL RECORDS; FINANCIAL22
	772	+	RECORDS; TRADE SECRET INFORMATION ; INTELLECTUAL PROPERTY; OR23
	773	+	INFORMATION THAT IS SUBJECT TO AN EMPLOYMENT AGREEMENT ,24
	774	+	CONFIDENTIALITY AGREEMENT , OR NONDISCLOSURE AGREEMENT OR FOR25
	775	+	WHICH THE
	776	+	PERSON WHO BROUGHT THE ACTION PURSUANT TO SUBSECTION26
	777	+	(3) OF THIS SECTION HAS A FIDUCIARY OBLIGATION TO MAINTAIN AS27
	778	+	1119
	779	+	-22- CONFIDENTIAL. CONFIDENTIAL INFORMATION DOES NOT INCLUDE1
	780	+	INFORMATION THAT IS PROTECTED BY THE DEFENDANT 'S2
	781	+	ATTORNEY-CLIENT PRIVILEGE UNLESS THE PRIVILEGE WAS WAIVED ,3
	782	+	INADVERTENTLY OR OTHERWISE, BY THE PERSON WHO HOLDS THE4
	783	+	PRIVILEGE; AN EXCEPTION TO THE PRIVILEGE APPLIES; OR DISCLOSURE OF5
	784	+	THE INFORMATION IS PERMITTED BY AN ATTORNEY PURSUANT TO 17 CFR6
	785	+	205.3 (d)(2), THE APPLICABLE COLORADO RULES OF PROFESSI ONAL7
	786	+	CONDUCT, OR OTHERWISE.8
	787	+	(II) "L
	788	+	AWFUL ACTS" INCLUDES, BUT IS NOT LIMITED TO, THE9
	789	+	FOLLOWING:10
	790	+	(A) C
	791	+	ONDUCTING OR ASSISTING WITH AN INVESTIGATION FOR ,11
	792	+	INITIATION OF, TESTIMONY FOR, OR ASSISTANCE IN AN ACTION FILED OR TO12
	793	+	BE FILED PURSUANT TO THIS SECTION, OR CONDUCTING OR ASSISTING WITH13
	794	+	AN INVESTIGATION WHEN THERE IS A REASONABLE BELIEF OF A POTENTIAL14
	795	+	VIOLATION OF THIS SECTION;15
	796	+	(B) M
	797	+	EETING WITH POTENTIAL OR RETAINED COUNSEL OR AGENTS16
	798	+	OR REPRESENTATIVES OF THE STATE
	799	+	ABOUT THE MATTER THAT IS THE17
	800	+	SUBJECT OF AN ACTION FILED OR TO BE FILED PURSUANT TO THIS SECTION ;18
	801	+	(C) P
	802	+	ROVIDING THE INDIVIDUAL 'S COUNSEL OR AGENTS OR19
	803	+	REPRESENTATIVES OF THE STATE
	804	+	WITH CONFIDENTIAL INFORMATION ;20
	805	+	OR21
	806	+	(D) F
	807	+	ILING AN ACTION PURSUANT TO THIS SECTION.22
	808	+	(b) A
	809	+	N EMPLOYEE, CONTRACTOR, OR AGENT IS ENTITLED TO ALL23
	810	+	RELIEF NECESSARY TO MAKE THAT INDIVIDUAL WHOLE IF THE INDIVIDUAL24
	811	+	IS DISCHARGED, DEMOTED, SUSPENDED, THREATENED, HARASSED,25
	812	+	INTIMIDATED, SUED, DEFAMED, BLACKLISTED, OR IN ANY OTHER MANNER26
	813	+	RETALIATED AGAINST OR DISCRIMINATED AGAINST IN THE TERMS AND27
	814	+	1119
	815	+	-23- CONDITIONS OF THE INDIVIDUAL 'S EMPLOYMENT, CONTRACT, BUSINESS, OR1
	816	+	PROFESSION BY THE DEFENDANT OR BY ANY OTHER PERSON BECAUSE OF2
	817	+	LAWFUL ACTS DONE BY THE INDIVIDUAL OR ASSOCIATED OTHERS IN3
	818	+	FURTHERANCE OF AN ACTION BROUGHT PURSUANT TO THIS SECTION OR IN4
	819	+	FURTHERANCE OF AN EFFORT TO STOP ANY VIOLATION , OR WHAT THE5
	820	+	INDIVIDUAL REASONABLY BELIEVES TO BE A VIOLATION , OF SECTION6
	821	+	24-31-1203.7
	822	+	(c) (I) I
	823	+	F THE DISCLOSURE OF CONFIDENTIAL INFORMATION IS IN8
	824	+	FURTHERANCE OF AN ACTION BROUGHT PURSUANT TO THIS SECTION OR IN9
	825	+	FURTHERANCE OF AN EFFORT TO STOP ANY VIOLATION , OR WHAT THE10
	826	+	INDIVIDUAL REASONABLY BELIEVES TO BE A VIOLATION , OF SECTION11
	827	+	24-31-1203,
	828	+	AN INDIVIDUAL HAS A PRIVILEGE TO DISCLOSE THE12
	829	+	CONFIDENTIAL INFORMATION TO :13
830	830		(A) T
831		-	HE STATE INTERVENES AND PROSECUTES THE ACTION
832		-	PURSUANT TO SUBSECTION
833		-	(3)(b) OF THIS SECTION;
	831	+	HE INDIVIDUAL'S COUNSEL;14
	832	+	(B) A
	833	+	PERSON WITH WHOM THE INDIVIDUAL HAS A STATUTORY OR15
	834	+	COMMON LAW PRIVILEGE; OR16
	835	+	(C) A
	836	+	N AGENT OR AUTHORIZED REPRESENTATIVE OF THE STATE .
	837	+	17
	838	+	(II) T
	839	+	HE INDIVIDUAL'S DISCLOSURE OF CONFIDENTIAL18
	840	+	INFORMATION TO THE INDIVIDUAL 'S COUNSEL OR TO AN AGENT OR19
	841	+	AUTHORIZED REPRESENTATIVE OF THE STATE
	842	+	DOES NOT CONSTITUTE A20
	843	+	WAIVER BY A DEFENDANT OF ANY RIGHT OR PRIVILEGE THAT THE21
	844	+	DEFENDANT MAY BE ENTITLED TO INVOKE .22
	845	+	(d) (I) A
	846	+	N INDIVIDUAL SEEKING RELIEF PURSUANT TO THIS23
	847	+	SUBSECTION (8)
	848	+	MAY SEEK RELIEF BY:24
	849	+	(A) F
	850	+	ILING A MOTION IN THE ACTION BROUGHT PURS UANT TO25
	851	+	SUBSECTION (3)
	852	+	OF THIS SECTION; OR26
	853	+	(B) B
	854	+	RINGING A SEPARATE ACTION IN AN APPROPRIATE COURT OF27
	855	+	1119
	856	+	-24- THE STATE FOR THE RELIEF PROVIDED PURSUANT TO THIS SUBSECTION (8).1
	857	+	(II) A
	858	+	N INDIVIDUAL WHO SEEKS RELIEF PURSUANT TO THIS2
	859	+	SUBSECTION (8)
	860	+	IS ENTITLED TO ALL RELIEF NECESSARY TO MAKE THE3
	861	+	INDIVIDUAL WHOLE. THE RELIEF MUST INCLUDE, BUT IS NOT LIMITED TO:4
	862	+	(A) I
	863	+	F THE INDIVIDUAL IS AN EMPLOYEE, REINSTATEMENT WITH5
	864	+	THE SAME SENIORITY STATUS THE INDIVIDUAL WOULD HAVE HAD BUT FOR6
	865	+	THE DISCRIMINATION, TWICE THE AMOUNT OF BACK PAY, AND INTEREST ON7
	866	+	THE BACK PAY;8
	867	+	(B) I
	868	+	F THE INDIVIDUAL IS A CONTRACTOR, SUBCONTRACTOR, OR9
	869	+	INDEPENDENT CONTRACTOR , REINSTATEMENT OF A CONTRACT OR10
	870	+	SUBCONTRACT THAT WAS CANCELED , NONRENEWED, OR MODIFIED11
	871	+	BECAUSE OF RETALIATION, WITH ALL COMPENSATION OR CONTRACTUAL12
	872	+	CONSIDERATION THAT THE INDIVIDUAL WOULD HAVE RECEIVED HAD THE13
	873	+	CONTRACT OR SUBCONTRACT NOT BEEN CANCELED , NONRENEWED, OR14
	874	+	MODIFIED; AND15
	875	+	(C) C
	876	+	OMPENSATION FOR ANY SPECIAL DAMAGES SUSTAINED AS A16
	877	+	RESULT OF THE DISCRIMINATION OR RETALIATION , INCLUDING LITIGATION17
	878	+	COSTS AND REASONABLE ATTORNEY FEES .18
	879	+	(e) (I) T
	880	+	HE COURT SHALL AWARD THE INDIVIDUAL NOT LESS THAN19
	881	+	THE DAMAGES DESCRIBED IN SUBSECTION (8)(d)(II)
	882	+	OF THIS SECTION IF A20
	883	+	DEFENDANT, EMPLOYER, OR OTHER PERSON RETALIATES AGAINST AN21
	884	+	INDIVIDUAL BY BRINGING ANOTHER ACTION AGAINST THE INDIVIDUAL FOR :22
	885	+	(A) A
	886	+	CTS LATER DETERMINED TO BE LAWFUL ACTS ;23
	887	+	(B) D
	888	+	ISCLOSURE OF CONFIDENTIAL INFORMATION TO COUNSEL OR24
	889	+	AN AGENT OR REPRESENTATIVE OF THE STATE
	890	+	PURSUANT TO THIS25
	891	+	SUBSECTION (8);26
	892	+	(C) V
	893	+	IOLATING AN EMPLOYMENT CONTRACT , CONFIDENTIALITY27
	894	+	1119
	895	+	-25- AGREEMENT, NONDISCLOSURE AGREEMENT , OR OTHER AGREEMENT; OR1
	896	+	(D) C
	897	+	OMMITTING ANY OTHER TORT OR BREACH OF DUTY AND THE2
	898	+	COURT HEARING THE ACTION DETERMINES BY A PREPONDERANCE OF THE3
	899	+	EVIDENCE THAT THE DEFENDANT , EMPLOYER, OR OTHER PERSON BROUGHT4
	900	+	THE LAWSUIT AGAINST THE INDIVIDUAL
	901	+	FOR THE PURPOSE OF5
	902	+	RETALIATING AGAINST THE INDIVIDUAL .6
	903	+	(II)
	904	+	IN ADDITION TO ANY OTHER REMEDY OR SHARE OF THE7
	905	+	PROCEEDS OF THE ACTION TO WHICH THE INDIVIDUAL IS ENTITLED8
	906	+	PURSUANT TO THIS SUBSECTION (8)
	907	+	AND REGARDLESS OF WHETHER THE9
	908	+	INDIVIDUAL IS DETERMINED TO BE ENTITLED TO SHARE IN THE PROCEEDS10
	909	+	OF THE ACTION OR CLAIM FILED PURSUANT TO SUBSECTION (3) OF THIS11
	910	+	SECTION, IN ADDITION TO ANY OTHER CONSEQUENTIAL DAMAGES12
	911	+	PERMITTED BY LAW, THE DAMAGES FOR A VIOLATION OF THIS SUBSECTION13
	912	+	(8)(e) MUST BE NOT LESS THAN:14
	913	+	(A) T
	914	+	WICE THE INDIVIDUAL'S ACTUAL ATTORNEY FEES AND COSTS15
	915	+	IF THE DEFENDANT, EMPLOYER, OR OTHER PERSON BROUGHT THE LAWSUIT16
	916	+	AGAINST THE INDIVIDUAL IN A COURT IN THE STATE OF COLORADO; OR17
834	917		(B) T
835		-	HE STATE OPPOSES DISMISSAL; OR
836		-	(C) THE PERSON WHO BROUGHT THE ACTION IS AN ORIGINAL SOURCE
837		-	OF THE INFORMATION THAT IS THE BASIS FOR THE ACTION
838		-	.
	918	+	HREE TIMES THE INDIVIDUAL'S ACTUAL ATTORNEY FEES AND18
	919	+	COSTS IF THE DEFENDANT, EMPLOYER, OR OTHER PERSON BROUGHT THE19
	920	+	LAWSUIT IN A JURISDICTION OUTSIDE OF COLORADO.20
	921	+	(f) (I) T
	922	+	HE COURT HEARING THE ACTION BROUGHT PURSUANT TO21
	923	+	SUBSECTION (3)
	924	+	OF THIS SECTION HAS JURISDICTION TO HEAR A PRIVATE22
	925	+	ACTION OR MOTION FOR RETALIATION BROUGHT PURSUANT TO THIS23
	926	+	SUBSECTION (8).24
	927	+	(II) U
	928	+	PON MOTION BY THE INDIVIDUAL, THE VENUE OF AN ACTION25
	929	+	FILED IN ANOTHER COURT OF THE STATE OF COLORADO AGAINST THE26
	930	+	INDIVIDUAL BY THE DEFENDANT , THE
	931	+	EMPLOYER OF THE PERSON WHO27
	932	+	1119
	933	+	-26- BROUGHT THE ACTION PURSUANT TO SUBSECTION (3) OF THIS SECTION, OR1
	934	+	OTHER PERSON ARISING OUT OF THE SUBJECT MATTER OF THE ACTION2
	935	+	BROUGHT PURSUANT TO SUBSECTION (3) OF THIS SECTION MUST BE3
	936	+	CHANGED TO THE COURT HEARING THE ACTION BROUGHT PURSUANT TO4
	937	+	SUBSECTION (3) OF THIS SECTION.5
	938	+	(9) Discovery in other actions. (a) I F A PERSON WHO BRINGS AN6
	939	+	ACTION PURSUANT TO SUBSECTION (3) OF THIS SECTION IS A PARTY TO OR7
	940	+	WITNESS IN AN ACTION OTHER THAN AN ACTION BROUGHT PURSUANT TO8
	941	+	SUBSECTION (3) OF THIS SECTION, REFERRED TO IN THIS SUBSECTION (9) AS9
	942	+	AN "OTHER ACTION", AND A PARTY IN THE OTHER ACTION SEEKS10
	943	+	DISCOVERY FROM THE PERSON OF INFORMATION ABOUT OTHER LAWSUITS ,11
	944	+	WHICH DISCOVERY WOULD REQUIRE THE PERSON TO DISCLOSE12
	945	+	INFORMATION ABOUT AN ACTION FILED PURSUANT TO SUBSECTION (3) OF13
	946	+	THIS SECTION WHILE THAT ACTION IS STILL UNDER SEAL , THE PERSON14
	947	+	SHALL:15
	948	+	(I) W
	949	+	ITHIN A REASONABLE TIME , NOTIFY THE STATE
	950	+	16
	951	+	INVESTIGATING THE ACTION BROUGHT PURSUANT TO SUBSECTION (3) OF17
	952	+	THIS SECTION OF THE PENDING DISCOVERY REQUEST ; AND18
	953	+	(II) R
	954	+	ESPOND TO THE DISCOVERY REQUEST BY STATING ONLY THAT19
	955	+	THE MATTER IS CONFIDENTIAL, WITHOUT FURTHER ELABORATION , AND20
	956	+	SHALL MAINTAIN THAT RESPONSE UNTIL THE STATE
	957	+	ELECTS TO21
	958	+	PROCEED OR NOT PROCEED WITH THE ACTION BROUGHT PURSUANT TO22
	959	+	SUBSECTION (3) OF THIS SECTION OR UNTIL THE COURT LIFTS THE SEAL.23
	960	+	(b) I
	961	+	F NECESSARY, IN
	962	+	ANY OTHER ACTION, A PERSON WHO24
	963	+	BROUGHT THE ACTION PURSUANT TO SUBSECTION (3) OF THIS SECTION OR25
	964	+	THE ATTORNEY GENERAL MAY FILE AN EX PARTE MOTION, IN CAMERA AND26
	965	+	UNDER SEAL, SEEKING A PROTECTIVE ORDER OR AN EXTENSION OF TIME27
	966	+	1119
	967	+	-27- FOR THE PERSON TO RESPOND TO A DISCOVERY REQUEST . IF A PARTY IN1
	968	+	THE OTHER ACTION MOVES TO COMPEL AN ANSWER TO THE DISCOVERY ,2
	969	+	THE PERSON WHO BROUGHT THE ACTION PURSUANT TO SUBSECTION (3) OF3
	970	+	THIS SECTION SHALL FILE, EX PARTE AND IN CAMERA, A RESPONSE TO THE4
	971	+	MOTION TO COMPEL, IN WHICH THE ATTORNEY GENERAL MAY JOIN.5
	972	+	T
	973	+	HE RESPONSE TO THE MOTION TO COMPEL MUST REMAIN UNDER SEAL6
	974	+	UNTIL SUCH TIME AS THE STATE
	975	+	ELECTS TO PROCEED OR NOT PROCEED7
	976	+	WITH THE ACTION OR UNTIL SUCH TIME AS THE COURT LIFTS THE SEAL .8
	977	+	(c) NOTWITHSTANDING ANY PROVISION OF THIS SUBSECTION (9) TO9
	978	+	THE CONTRARY, INFORMATION ABOUT AN ACTION FILED PURSUANT TO10
	979	+	SUBSECTION (3) OF THIS SECTION THAT IS PROTECTED BY THE11
	980	+	DEFENDANT'S ATTORNEY-CLIENT PRIVILEGE IS NOT DISCOVERABLE IN ANY12
	981	+	OTHER ACTION UNLESS THE PRIVILEGE WAS WAIVED, INADVERTENTLY OR13
	982	+	OTHERWISE, BY THE PERSON WHO HOLDS THE PRIVILEGE; AN EXCEPTION14
	983	+	TO THE PRIVILEGE APPLIES; OR DISCLOSURE OF THE INFORMATION IS15
	984	+	PERMITTED BY AN ATTORNEY PURSUANT TO 17 CFR 205.3 (d)(2), THE16
	985	+	APPLICABLE COLORADO RULES OF PROFESSIONAL CONDUCT, OR17
	986	+	OTHERWISE.18
	987	+	24-31-1205. False claims action procedures - limitation on19
	988	+	action - standard of proof. (1) A
	989	+	CIVIL ACTION PURSUANT TO SECTION20
	990	+	24-31-1204
	991	+	MAY NOT BE BROUGHT AFTER THE LATER OF :21
	992	+	(a) M
	993	+	ORE THAN SIX YEARS AFTER THE DATE ON WHICH THE22
	994	+	VIOLATION OF SECTION 24-31-1203 IS COMMITTED OR THE DATE ON WHICH23
	995	+	THE LAST IN A SERIES OF SUCH ACTS OR PRACTICES OCCURRED ,24
	996	+	WHICHEVER IS LATER; OR25
	997	+	(b) M
	998	+	ORE THAN THREE YEARS AFTER THE DATE ON WHICH FACTS26
	999	+	MATERIAL TO THE RIGHT OF ACTION ARE KNOWN OR REASONABLY SHOULD27
	1000	+	1119
	1001	+	-28- HAVE BEEN KNOWN BY THE OFFICIAL OF THE STATE CHARGED WITH1
	1002	+	RESPONSIBILITY TO ACT IN THE CIRCUMSTANCES , BUT IN NO EVENT MORE2
	1003	+	THAN TEN YEARS AFTER THE DATE ON WHICH THE VIOLATION OF SECTION3
	1004	+	24-31-1203
	1005	+	WAS COMMITTED.4
	1006	+	(2) (a) I
	1007	+	F THE STATE
	1008	+	ELECTS TO INTERVENE AND PROCEED WITH5
	1009	+	AN ACTION BROUGHT PURSUANT TO SECTION 24-31-1204, THE STATE 6
	1010	+	MAY FILE ITS OWN COMPLAINT OR AMEND THE ORIGINAL COMPLAINT TO:7
	1011	+	(I) C
	1012	+	LARIFY AND ADD DETAIL, AND ADD ADDITIONAL DEFENDANTS ,8
	1013	+	TO THE CLAIMS IN WHICH THE STATE
	1014	+	IS INTERVENING; AND9
839	1015		(II) A
840		-	S USED IN THIS SUBSECTION (6)(c), "ORIGINAL SOURCE" MEANS
841		-	AN INDIVIDUAL WHO
842		-	:
843		-	(A) P
844		-	RIOR TO PUBLIC DISCLOSURE PURSUANT TO SUBSECTION
845		-	(6)(c)(I) OF THIS SECTION, HAS VOLUNTARILY DISCLOSED TO THE STATE THE
846		-	INFORMATION ON WHICH THE ALLEGATIONS OR TRANSACTIONS IN A CLAIM
847		-	ARE BASED
848		-	; OR
849		-	(B) HAS KNOWLEDGE THAT IS INDEPENDENT OF AND MATERIALLY
850		-	ADDS TO THE PUBLICLY DISCLOSED ALLEGATIONS OR TRANSACTIONS AND
851		-	HAS VOLUNTARILY PROVIDED THE INFORMATION TO THE STATE BEFORE
852		-	FILING AN ACTION PURSUANT TO SUBSECTION
853		-	(3) OF THIS SECTION.
854		-	(7) State not liable for certain expenses. T
855		-	HE STATE IS NOT LIABLE
856		-	FOR EXPENSES THAT A PERSON INCURS IN BRINGING AN ACTION PURSUANT
857		-	TO SUBSECTION
858		-	(3) OF THIS SECTION.
859		-	(8) Private action for retaliation. (a) A
860		-	S USED IN THIS SUBSECTION
861		-	(8), UNLESS THE CONTEXT OTHERWISE REQUIRES :
862		-	(I) "C
863		-	ONFIDENTIAL INFORMATION" INCLUDES DOCUMENTS; E-MAILS
864		-	AND OTHER ELECTRONIC DATA
865		-	; MEDICAL RECORDS; FINANCIAL RECORDS;
866		-	TRADE SECRET INFORMATION; INTELLECTUAL PROPERTY; OR INFORMATION
867		-	THAT IS SUBJECT TO AN EMPLOYMENT AGREEMENT
868		-	, CONFIDENTIALITY
869		-	PAGE 16-HOUSE BILL 22-1119 AGREEMENT, OR NONDISCLOSURE AGREEMENT OR FOR WHICH THE PERSON
870		-	WHO BROUGHT THE ACTION PURSUANT TO SUBSECTION
871		-	(3) OF THIS SECTION
872		-	HAS A FIDUCIARY OBLIGATION TO MAINTAIN AS CONFIDENTIAL
873		-	.
	1016	+	DD ANY ADDITIONAL CLAIMS AND DEFENDANTS WITH10
	1017	+	RESPECT TO WHICH THE STATE
	1018	+	CONTENDS IT IS ENTITLED TO RELIEF.11
	1019	+	(b) F
	1020	+	OR STATUTE OF LIMITATIONS PURPOSES, ANY PLEADINGS BY12
	1021	+	THE STATE
	1022	+	RELATE BACK TO THE FILING DATE OF THE ORIGINAL13
	1023	+	COMPLAINT FILED BY A PERSON PURSUANT TO SECTION 24-31-1204 (3), TO14
	1024	+	THE EXTENT THAT THE STATE'S CLAIM ARISES OUT OF THE CONDUCT,15
	1025	+	TRANSACTIONS, OR OCCURRENCES SET FORTH, OR ATTEMPTED TO BE SET16
	1026	+	FORTH, IN THE ORIGINAL COMPLAINT.17
	1027	+	(3) I
	1028	+	N AN ACTION BROUGHT PURSUANT TO SECTION 24-31-1204,18
	1029	+	THE STATE
	1030	+	OR PERSON WHO BROUGHT THE ACTION PURSUANT TO SECTION19
	1031	+	24-31-1204 (3) MUST PROVE ALL ESSENTIAL ELEMENTS OF THE CAUSE OF20
	1032	+	ACTION, INCLUDING DAMAGES, BY A PREPONDERANCE OF THE EVIDENCE .21
	1033	+	(4) N
	1034	+	OTWITHSTANDING ANY OTHER PROVISION OF LAW , THE22
874	1035		C
875		-	ONFIDENTIAL INFORMATION DOES NOT INCLUDE INFORMATION THAT IS
876		-	PROTECTED BY THE DEFENDANT
877		-	'S ATTORNEY-CLIENT PRIVILEGE UNLESS THE
878		-	PRIVILEGE WAS WAIVED
879		-	, INADVERTENTLY OR OTHERWISE , BY THE PERSON
880		-	WHO HOLDS THE PRIVILEGE
881		-	; AN EXCEPTION TO THE PRIVILEGE APPLIES; OR
882		-	DISCLOSURE OF THE INFORMATION IS PERMITTED BY AN ATTORNEY
883		-	PURSUANT TO
884		-	17 CFR 205.3 (d)(2), THE APPLICABLE COLORADO RULES OF
885		-	PROFESSIONAL CONDUCT
886		-	, OR OTHERWISE.
887		-	(II) "L
888		-	AWFUL ACTS" INCLUDES, BUT IS NOT LIMITED TO, THE
889		-	FOLLOWING
890		-	:
891		-	(A) C
892		-	ONDUCTING OR ASSISTING WITH AN INVESTIGATION FOR ,
893		-	INITIATION OF, TESTIMONY FOR, OR ASSISTANCE IN AN ACTION FILED OR TO
894		-	BE FILED PURSUANT TO THIS SECTION
895		-	, OR CONDUCTING OR ASSISTING WITH
896		-	AN INVESTIGATION WHEN THERE IS A REASONABLE BELIEF OF A POTENTIAL
897		-	VIOLATION OF THIS SECTION
898		-	;
899		-	(B) M
900		-	EETING WITH POTENTIAL OR RETAINED COUNSEL OR AGENTS OR
901		-	REPRESENTATIVES OF THE STATE ABOUT THE MATTER THAT IS THE SUBJECT
902		-	OF AN ACTION FILED OR TO BE FILED PURSUANT TO THIS SECTION
903		-	;
904		-	(C) P
905		-	ROVIDING THE INDIVIDUAL 'S COUNSEL OR AGENTS OR
906		-	REPRESENTATIVES OF THE STATE WITH CONFIDENTIAL INFORMATION
907		-	; OR
908		-	(D) FILING AN ACTION PURSUANT TO THIS SECTION.
909		-	(b) A
910		-	N EMPLOYEE, CONTRACTOR, OR AGENT IS ENTITLED TO ALL
911		-	RELIEF NECESSARY TO MAKE THAT INDIVIDUAL WHOLE IF THE INDIVIDUAL IS
912		-	DISCHARGED
913		-	, DEMOTED, SUSPENDED, THREATENED , HARASSED,
914		-	INTIMIDATED, SUED, DEFAMED, BLACKLISTED, OR IN ANY OTHER MANNER
915		-	RETALIATED AGAINST OR DISCRIMINATED AGAINST IN THE TERMS AND
916		-	CONDITIONS OF THE INDIVIDUAL
917		-	'S EMPLOYMENT, CONTRACT, BUSINESS, OR
918		-	PROFESSION BY THE DEFENDANT OR BY ANY OTHER PERSON BECAUSE OF
919		-	LAWFUL ACTS DONE BY THE INDIVIDUAL OR ASSOCIATED OTHERS IN
920		-	FURTHERANCE OF AN ACTION BROUGHT PURSUANT TO THIS SECTION OR IN
921		-	FURTHERANCE OF AN EFFORT TO STOP ANY VIOLATION
922		-	, OR WHAT THE
923		-	INDIVIDUAL REASONABLY BELIEVES TO BE A VIOLATION
924		-	, OF SECTION
925		-	PAGE 17-HOUSE BILL 22-1119 24-31-1203.
926		-	(c) (I) I
927		-	F THE DISCLOSURE OF CONFIDENTIAL INFORMATION IS IN
928		-	FURTHERANCE OF AN ACTION BROUGHT PURSUANT TO THIS SECTION OR IN
929		-	FURTHERANCE OF AN EFFORT TO STOP ANY VIOLATION
930		-	, OR WHAT THE
931		-	INDIVIDUAL REASONABLY BELIEVES TO BE A VIOLATION
932		-	, OF SECTION
933		-	24-31-1203, AN INDIVIDUAL HAS A PRIVILEGE TO DISCLOSE THE
934		-	CONFIDENTIAL INFORMATION TO
935		-	:
936		-	(A) T
937		-	HE INDIVIDUAL'S COUNSEL;
938		-	(B) A
939		-	PERSON WITH WHOM THE INDIVIDUAL HAS A STATUTORY OR
940		-	COMMON LAW PRIVILEGE
941		-	; OR
942		-	(C) AN AGENT OR AUTHORIZED REPRESENTATIVE OF THE STATE .
943		-	(II) T
944		-	HE INDIVIDUAL'S DISCLOSURE OF CONFIDENTIAL INFORMATION
945		-	TO THE INDIVIDUAL
946		-	'S COUNSEL OR TO AN AGENT OR AUTHORIZED
947		-	REPRESENTATIVE OF THE STATE DOES NOT CONSTITUTE A WAIVER BY A
948		-	DEFENDANT OF ANY RIGHT OR PRIVILEGE THAT THE DEFENDANT MAY BE
949		-	ENTITLED TO INVOKE
950		-	.
951		-	(d) (I) A
952		-	N INDIVIDUAL SEEKING RELIEF PURSUANT TO THIS
953		-	SUBSECTION
954		-	(8) MAY SEEK RELIEF BY:
955		-	(A) F
956		-	ILING A MOTION IN THE ACTION BROUGHT PURSUANT TO
957		-	SUBSECTION
958		-	(3) OF THIS SECTION; OR
959		-	(B) BRINGING A SEPARATE ACTION IN AN APPROPRIATE COURT OF
960		-	THE STATE FOR THE RELIEF PROVIDED PURSUANT TO THIS SUBSECTION
961		-	(8).
962		-	(II) A
963		-	N INDIVIDUAL WHO SEEKS RELIEF PURSUANT TO THIS
964		-	SUBSECTION
965		-	(8) IS ENTITLED TO ALL RELIEF NECESSARY TO MAKE THE
966		-	INDIVIDUAL WHOLE
967		-	. THE RELIEF MUST INCLUDE, BUT IS NOT LIMITED TO:
968		-	(A) I
969		-	F THE INDIVIDUAL IS AN EMPLOYEE, REINSTATEMENT WITH THE
970		-	SAME SENIORITY STATUS THE INDIVIDUAL WOULD HAVE HAD BUT FOR THE
971		-	DISCRIMINATION
972		-	, TWICE THE AMOUNT OF BACK PAY, AND INTEREST ON THE
973		-	BACK PAY
974		-	;
975		-	PAGE 18-HOUSE BILL 22-1119 (B) IF THE INDIVIDUAL IS A CONTRACTOR , SUBCONTRACTOR, OR
976		-	INDEPENDENT CONTRACTOR
977		-	, REINSTATEMENT OF A CONTRACT OR
978		-	SUBCONTRACT THAT WAS CANCELED
979		-	, NONRENEWED, OR MODIFIED BECAUSE
980		-	OF RETALIATION
981		-	, WITH ALL COMPENSATION OR CONTRACTUAL
982		-	CONSIDERATION THAT THE INDIVIDUAL WOULD HAVE RECEIVED HAD THE
983		-	CONTRACT OR SUBCONTRACT NOT BEEN CANCELED
984		-	, NONRENEWED, OR
985		-	MODIFIED
986		-	; AND
987		-	(C) COMPENSATION FOR ANY SPECIAL DAMAGES SUSTAINED AS A
988		-	RESULT OF THE DISCRIMINATION OR RETALIATION
989		-	, INCLUDING LITIGATION
990		-	COSTS AND REASONABLE ATTORNEY FEES
991		-	.
992		-	(e) (I) T
993		-	HE COURT SHALL AWARD THE INDIVIDUAL NOT LESS THAN
994		-	THE DAMAGES DESCRIBED IN SUBSECTION
995		-	(8)(d)(II) OF THIS SECTION IF A
996		-	DEFENDANT
997		-	, EMPLOYER, OR OTHER PERSON RETALIATES AGAINST AN
998		-	INDIVIDUAL BY BRINGING ANOTHER ACTION AGAINST THE INDIVIDUAL FOR
999		-	:
1000		-	(A) A
1001		-	CTS LATER DETERMINED TO BE LAWFUL ACTS ;
1002		-	(B) D
1003		-	ISCLOSURE OF CONFIDENTIAL INFORMATION TO COUNSEL OR AN
1004		-	AGENT OR REPRESENTATIVE OF THE STATE PURSUANT TO THIS SUBSECTION
1005		-	(8);
1006		-	(C) V
1007		-	IOLATING AN EMPLOYMENT CONTRACT , CONFIDENTIALITY
1008		-	AGREEMENT
1009		-	, NONDISCLOSURE AGREEMENT , OR OTHER AGREEMENT; OR
1010		-	(D) COMMITTING ANY OTHER TORT OR BREACH OF DUTY AND THE
1011		-	COURT HEARING THE ACTION DETERMINES BY A PREPONDERANCE OF THE
1012		-	EVIDENCE THAT THE DEFENDANT
1013		-	, EMPLOYER, OR OTHER PERSON BROUGHT
1014		-	THE LAWSUIT AGAINST THE INDIVIDUAL FOR THE PURPOSE OF RETALIATING
1015		-	AGAINST THE INDIVIDUAL
1016		-	.
1017		-	(II)
1018		-	IN ADDITION TO ANY OTHER REMEDY OR SHARE OF THE PROCEEDS
1019		-	OF THE ACTION TO WHICH THE INDIVIDUAL IS ENTITLED PURSUANT TO THIS
1020		-	SUBSECTION
1021		-	(8) AND REGARDLESS OF WHETHER THE INDIVIDUAL IS
1022		-	DETERMINED TO BE ENTITLED TO SHARE IN THE PROCEEDS OF THE ACTION OR
1023		-	CLAIM FILED PURSUANT TO SUBSECTION
1024		-	(3) OF THIS SECTION, IN ADDITION
1025		-	TO ANY OTHER CONSEQUENTIAL DAMAGES PERMITTED BY LAW
1026		-	, THE
1027		-	DAMAGES FOR A VIOLATION OF THIS SUBSECTION
1028		-	(8)(e) MUST BE NOT LESS
1029		-	THAN
1030		-	:
1031		-	PAGE 19-HOUSE BILL 22-1119 (A) TWICE THE INDIVIDUAL'S ACTUAL ATTORNEY FEES AND COSTS IF
1032		-	THE DEFENDANT
1033		-	, EMPLOYER, OR OTHER PERSON BROUGHT THE LAWSUIT
1034		-	AGAINST THE INDIVIDUAL IN A COURT IN THE STATE OF
1035		-	COLORADO; OR
1036		-	(B) THREE TIMES THE INDIVIDUAL'S ACTUAL ATTORNEY FEES AND
1037		-	COSTS IF THE DEFENDANT
1038		-	, EMPLOYER, OR OTHER PERSON BROUGHT THE
1039		-	LAWSUIT IN A JURISDICTION OUTSIDE OF
1040		-	COLORADO.
1041		-	(f) (I) T
1042		-	HE COURT HEARING THE ACTION BROUGHT PURSUANT TO
1043		-	SUBSECTION
1044		-	(3) OF THIS SECTION HAS JURISDICTION TO HEAR A PRIVATE
1045		-	ACTION OR MOTION FOR RETALIATION BROUGHT PURSUANT TO THIS
1046		-	SUBSECTION
1047		-	(8).
1048		-	(II) U
1049		-	PON MOTION BY THE INDIVIDUAL , THE VENUE OF AN ACTION
1050		-	FILED IN ANOTHER COURT OF THE STATE OF
1051		-	COLORADO AGAINST THE
1052		-	INDIVIDUAL BY THE DEFENDANT
1053		-	, THE EMPLOYER OF THE PERSON WHO
1054		-	BROUGHT THE ACTION PURSUANT TO SUBSECTION
1055		-	(3) OF THIS SECTION, OR
1056		-	OTHER PERSON ARISING OUT OF THE SUBJECT MATTER OF THE ACTION
1057		-	BROUGHT PURSUANT TO SUBSECTION
1058		-	(3) OF THIS SECTION MUST BE CHANGED
1059		-	TO THE COURT HEARING THE ACTION BROUGHT PURSUANT TO SUBSECTION
1060		-	(3) OF THIS SECTION.
1061		-	(9) Discovery in other actions. (a) I
1062		-	F A PERSON WHO BRINGS AN
1063		-	ACTION PURSUANT TO SUBSECTION
1064		-	(3) OF THIS SECTION IS A PARTY TO OR
1065		-	WITNESS IN AN ACTION OTHER THAN AN ACTION BROUGHT PURSUANT TO
1066		-	SUBSECTION
1067		-	(3) OF THIS SECTION, REFERRED TO IN THIS SUBSECTION (9) AS
1068		-	AN
1069		-	"OTHER ACTION", AND A PARTY IN THE OTHER ACTION SEEKS DISCOVERY
1070		-	FROM THE PERSON OF INFORMATION ABOUT OTHER LAWSUITS
1071		-	, WHICH
1072		-	DISCOVERY WOULD REQUIRE THE PERSON TO DISCLOSE INFORMATION ABOUT
1073		-	AN ACTION FILED PURSUANT TO SUBSECTION
1074		-	(3) OF THIS SECTION WHILE
1075		-	THAT ACTION IS STILL UNDER SEAL
1076		-	, THE PERSON SHALL:
1077		-	(I) W
1078		-	ITHIN A REASONABLE TIME, NOTIFY THE STATE INVESTIGATING
1079		-	THE ACTION BROUGHT PURSUANT TO SUBSECTION
1080		-	(3) OF THIS SECTION OF
1081		-	THE PENDING DISCOVERY REQUEST
1082		-	; AND
1083		-	(II) RESPOND TO THE DISCOVERY REQUEST BY STATING ONLY THAT
1084		-	THE MATTER IS CONFIDENTIAL
1085		-	, WITHOUT FURTHER ELABORATION , AND
1086		-	SHALL MAINTAIN THAT RESPONSE UNTIL THE STATE ELECTS TO PROCEED OR
1087		-	NOT PROCEED WITH THE ACTION BROUGHT PURSUANT TO SUBSECTION
1088		-	(3) OF
1089		-	PAGE 20-HOUSE BILL 22-1119 THIS SECTION OR UNTIL THE COURT LIFTS THE SEAL.
1090		-	(b) I
1091		-	F NECESSARY, IN ANY OTHER ACTION, A PERSON WHO BROUGHT
1092		-	THE ACTION PURSUANT TO SUBSECTION
1093		-	(3) OF THIS SECTION OR THE
1094		-	ATTORNEY GENERAL MAY FILE AN EX PARTE MOTION
1095		-	, IN CAMERA AND
1096		-	UNDER SEAL
1097		-	, SEEKING A PROTECTIVE ORDER OR AN EXTENSION OF TIME FOR
1098		-	THE PERSON TO RESPOND TO A DISCOVERY REQUEST
1099		-	. IF A PARTY IN THE
1100		-	OTHER ACTION MOVES TO COMPEL AN ANSWER TO THE DISCOVERY
1101		-	, THE
1102		-	PERSON WHO BROUGHT THE ACTION PURSUANT TO SUBSECTION
1103		-	(3) OF THIS
1104		-	SECTION SHALL FILE
1105		-	, EX PARTE AND IN CAMERA, A RESPONSE TO THE MOTION
1106		-	TO COMPEL
1107		-	, IN WHICH THE ATTORNEY GENERAL MAY JOIN. THE RESPONSE TO
1108		-	THE MOTION TO COMPEL MUST REMAIN UNDER SEAL UNTIL SUCH TIME AS THE
1109		-	STATE ELECTS TO PROCEED OR NOT PROCEED WITH THE ACTION OR UNTIL
1110		-	SUCH TIME AS THE COURT LIFTS THE SEAL
1111		-	.
1112		-	(c) N
1113		-	OTWITHSTANDING ANY PROVISION OF THIS SUBSECTION (9) TO
1114		-	THE CONTRARY
1115		-	, INFORMATION ABOUT AN ACTION FILED PURSUANT TO
1116		-	SUBSECTION
1117		-	(3) OF THIS SECTION THAT IS PROTECTED BY THE DEFENDANT 'S
1118		-	ATTORNEY
1119		-	-CLIENT PRIVILEGE IS NOT DISCOVERABLE IN ANY OTHER ACTION
1120		-	UNLESS THE PRIVILEGE WAS WAIVED
1121		-	, INADVERTENTLY OR OTHERWISE , BY
1122		-	THE PERSON WHO HOLDS THE PRIVILEGE
1123		-	; AN EXCEPTION TO THE PRIVILEGE
1124		-	APPLIES
1125		-	; OR DISCLOSURE OF THE INFORMATION IS PERMITTED BY AN
1126		-	ATTORNEY PURSUANT TO
1127		-	17 CFR 205.3 (d)(2), THE APPLICABLE COLORADO
1128		-	RULES OF PROFESSIONAL CONDUCT
1129		-	, OR OTHERWISE.
1130		-	24-31-1205. False claims action procedures - limitation on action
1131		-	- standard of proof. (1) A
1132		-	CIVIL ACTION PURSUANT TO SECTION 24-31-1204
1133		-	MAY NOT BE BROUGHT AFTER THE LATER OF :
1134		-	(a) M
1135		-	ORE THAN SIX YEARS AFTER THE DATE ON WHICH THE
1136		-	VIOLATION OF SECTION
1137		-	24-31-1203 IS COMMITTED OR THE DATE ON WHICH
1138		-	THE LAST IN A SERIES OF SUCH ACTS OR PRACTICES OCCURRED
1139		-	, WHICHEVER
1140		-	IS LATER
1141		-	; OR
1142		-	(b) MORE THAN THREE YEARS AFTER THE DATE ON WHICH FACTS
1143		-	MATERIAL TO THE RIGHT OF ACTION ARE KNOWN OR REASONABLY SHOULD
1144		-	HAVE BEEN KNOWN BY THE OFFICIAL OF THE STATE CHARGED WITH
1145		-	RESPONSIBILITY TO ACT IN THE CIRCUMSTANCES
1146		-	, BUT IN NO EVENT MORE
1147		-	THAN TEN YEARS AFTER THE DATE ON WHICH THE VIOLATION OF SECTION
1148		-	24-31-1203 WAS COMMITTED.
1149		-	PAGE 21-HOUSE BILL 22-1119 (2) (a) IF THE STATE ELECTS TO INTERVENE AND PROCEED WITH AN
1150		-	ACTION BROUGHT PURSUANT TO SECTION
1151		-	24-31-1204, THE STATE MAY FILE
1152		-	ITS OWN COMPLAINT OR AMEND THE ORIGINAL COMPLAINT TO
1153		-	:
1154		-	(I) C
1155		-	LARIFY AND ADD DETAIL, AND ADD ADDITIONAL DEFENDANTS ,
1156		-	TO THE CLAIMS IN WHICH THE STATE IS INTERVENING ; AND
1157		-	(II) ADD ANY ADDITIONAL CLAIMS AND DEFENDANTS WITH RESPECT
1158		-	TO WHICH THE STATE CONTENDS IT IS ENTITLED TO RELIEF
1159		-	.
1160		-	(b) F
1161		-	OR STATUTE OF LIMITATIONS PURPOSES, ANY PLEADINGS BY THE
1162		-	STATE RELATE BACK TO THE FILING DATE OF THE ORIGINAL COMPLAINT FILED
1163		-	BY A PERSON PURSUANT TO SECTION
1164		-	24-31-1204 (3), TO THE EXTENT THAT
1165		-	THE STATE
1166		-	'S CLAIM ARISES OUT OF THE CONDUCT , TRANSACTIONS, OR
1167		-	OCCURRENCES SET FORTH
1168		-	, OR ATTEMPTED TO BE SET FORTH , IN THE
1169		-	ORIGINAL COMPLAINT
1170		-	.
1171		-	(3) I
1172		-	N AN ACTION BROUGHT PURSUANT TO SECTION 24-31-1204, THE
1173		-	STATE OR PERSON WHO BROUGHT THE ACTION PURS UANT TO SECTION
1174		-	24-31-1204 (3) MUST PROVE ALL ESSENTIAL ELEMENTS OF THE CAUSE OF
1175		-	ACTION
1176		-	, INCLUDING DAMAGES, BY A PREPONDERANCE OF THE EVIDENCE .
1177		-	(4) N
1178		-	OTWITHSTANDING ANY OTHER PROVISION OF LAW , THE
1179		-	COLORADO RULES OF CRIMINAL PROCEDURE , OR THE COLORADO RULES OF
1180		-	EVIDENCE
1181		-	, A FINAL JUDGMENT RENDERED IN FAVOR OF THE STATE IN A
1182		-	CRIMINAL PROCEEDING CHARGING FRAUD OR FALSE STATEMENTS
1183		-	, WHETHER
1184		-	UPON A VERDICT AFTER TRIAL OR UPON A PLEA OF GUILTY OR NOLO
1185		-	CONTENDERE
1186		-	, SHALL ESTOP THE DEFENDANT FROM DENYING THE ESSENTIAL
1187		-	ELEMENTS OF THE OFFENSE IN ANY ACTION THAT I NVOLVES THE SAME
1188		-	TRANSACTION AS IN THE CRIMINAL PROCEEDING AND THAT IS BROUGHT
1189		-	PURSUANT TO SECTION
1190		-	24-31-1204.
	1036	+	OLORADO RULES OF CRIMINAL PROCEDURE , OR THE COLORADO RULES OF23
	1037	+	EVIDENCE, A FINAL JUDGMENT RENDERED IN FAVOR OF THE STATE
	1038	+	IN A24
	1039	+	CRIMINAL PROCEEDING CHARGING FRAUD OR FALSE STATEMENTS ,25
	1040	+	WHETHER UPON A VERDICT AFTER TRIAL OR UPON A PLEA OF GUILTY OR26
	1041	+	NOLO CONTENDERE, SHALL ESTOP THE DEFENDANT FROM DENYING THE27
	1042	+	1119
	1043	+	-29- ESSENTIAL ELEMENTS OF THE OFFENSE IN ANY ACTION THAT INVOLVES THE1
	1044	+	SAME TRANSACTION AS IN THE CRIMINAL PROCEEDING AND THAT IS2
	1045	+	BROUGHT PURSUANT TO SECTION 24-31-1204.3
1191	1046		24-31-1206. Jurisdiction. A
1192		-	N ACTION DESCRIBED IN THIS PART 12
1193		-	MAY BE BROUGHT IN ANY JUDICIAL DISTRICT IN WHICH THE DEFENDANT OR ,
1194		-	IN THE CASE OF MULTIPLE DEFENDANTS , ANY ONE DEFENDANT CAN BE
1195		-	FOUND
1196		-	, RESIDES, OR TRANSACTS BUSINESS, OR IN WHICH AN ACT PROSCRIBED
1197		-	BY SECTION
1198		-	24-31-1203 OCCURRED. A PERSON BRINGING AN ACTION
1199		-	PURSUANT TO THIS PART
1200		-	12 SHALL FILE THE COMPLAINT IN A DISTRICT COURT
1201		-	OR A FEDERAL COURT WITH JURISDICTION OVER THE ACTION AND SHALL NOT
1202		-	FILE THE COMPLAINT IN ANY OTHER COURT
1203		-	. THE APPROPRIATE DISTRICT
1204		-	PAGE 22-HOUSE BILL 22-1119 COURT SHALL ISSUE A SUMMONS AS REQUIRED BY THE COLORADO RULES OF
1205		-	CIVIL PROCEDURE AND SERVE THE SUMMONS AT ANY PLACE
1206		-	.
1207		-	24-31-1207. False claims civil investigation demands. (1) W
1208		-	HEN
1209		-	THE ATTORNEY GENERAL HAS REASONABLE CAUSE TO BELIEVE THAT ANY
1210		-	PERSON
1211		-	, WHETHER IN THIS STATE OR ELSEWHERE , HAS ENGAGED IN OR IS
1212		-	ENGAGING IN ANY VIOLATION OF SECTION
1213		-	24-31-1203, THE ATTORNEY
1214		-	GENERAL MAY
1215		-	:
	1047	+	N ACTION DESCRIBED IN THIS PART 124
	1048	+	MAY BE BROUGHT IN ANY JUDICIAL DISTRICT IN WHICH THE DEFENDANT5
	1049	+	OR, IN THE CASE OF MULTIPLE DEFENDANTS, ANY ONE DEFENDANT CAN BE6
	1050	+	FOUND, RESIDES, OR TRANSACTS BUSINESS , OR IN WHICH AN ACT7
	1051	+	PROSCRIBED BY SECTION 24-31-1203 OCCURRED.
	1052	+	A PERSON BRINGING AN8
	1053	+	ACTION PURSUANT TO THIS PART 12 SHALL FILE THE COMPLAINT IN A9
	1054	+	DISTRICT COURT OR A FEDERAL COURT WITH JURISDICTION OVER THE10
	1055	+	ACTION AND SHALL NOT FILE THE COMPLAINT IN ANY OTHER COURT. THE11
	1056	+	APPROPRIATE DISTRICT COURT SHALL ISSUE A SUMMONS AS REQUIRED BY12
	1057	+	THE COLORADO RULES OF CIVIL PROCEDURE AND SERVE THE SUMMONS AT13
	1058	+	ANY PLACE.14
	1059	+	24-31-1207. False claims civil investigation demands.15
	1060	+	(1) W
	1061	+	HEN THE ATTORNEY GENERAL HAS REASONABLE CAUSE TO BELIEVE16
	1062	+	THAT ANY PERSON, WHETHER IN THIS STATE OR ELSEWHERE, HAS ENGAGED17
	1063	+	IN OR IS ENGAGING IN ANY VIOLATION OF SECTION 24-31-1203, THE18
	1064	+	ATTORNEY GENERAL MAY :19
1216	1065		(a) R
1217		-	EQUEST THE PERSON FILE A STATEMENT OR REPORT IN WRITING
1218		-	UNDER OATH OR OTHERWISE
1219		-	, ON FORMS PRESCRIBED BY THE ATTORNEY
1220		-	GENERAL
1221		-	, AS TO ALL FACTS AND CIRCUMSTANCES CONCERNING THE
1222		-	ALLEGED VIOLATIONS BY THE PERSON AND ANY OTHER DATA AND
1223		-	INFORMATION THE ATTORNEY GENERAL DEEMS NECESSARY
1224		-	; EXCEPT THAT
1225		-	THE PERSON IS NOT REQUIRED TO DISCLOSE ANY INFORMATION THAT IS
1226		-	PROTECTED BY THE PERSON
1227		-	'S ATTORNEY-CLIENT PRIVILEGE UNLESS THE
1228		-	PRIVILEGE WAS WAIVED
1229		-	, INADVERTENTLY OR OTHERWISE , BY THE PERSON
1230		-	WHO HOLDS THE PRIVILEGE
1231		-	; AN EXCEPTION TO THE PRIVILEGE APPLIES; OR
1232		-	DISCLOSURE OF THE INFORMATION IS PERMITTED BY AN ATTORNEY
1233		-	PURSUANT TO
1234		-	17 CFR 205.3 (d)(2), THE APPLICABLE COLORADO RULES OF
1235		-	PROFESSIONAL CONDUCT
1236		-	, OR OTHERWISE.
	1066	+	EQUEST THE PERSON FILE A STATEMENT OR REPORT IN20
	1067	+	WRITING UNDER OATH OR OTHERWISE , ON FORMS PRESCRIBED BY THE21
	1068	+	ATTORNEY GENERAL, AS TO ALL FACTS AND CIRCUMSTANCES CONCERNING22
	1069	+	THE ALLEGED VIOLATIONS BY THE PERSON AND ANY OTHER DATA AND23
	1070	+	INFORMATION THE ATTORNEY GENERAL DEEMS NECESSARY ;
	1071	+	EXCEPT THAT24
	1072	+	THE PERSON IS NOT REQUIRED TO DISCLOSE ANY INFORMATION THAT IS25
	1073	+	PROTECTED BY THE PERSON'S ATTORNEY-CLIENT PRIVILEGE UNLESS THE26
	1074	+	PRIVILEGE WAS WAIVED, INADVERTENTLY OR OTHERWISE, BY THE PERSON27
	1075	+	1119
	1076	+	-30- WHO HOLDS THE PRIVILEGE; AN EXCEPTION TO THE PRIVILEGE APPLIES; OR1
	1077	+	DISCLOSURE OF THE INFORMATION IS PERMITTED BY AN ATTORNEY2
	1078	+	PURSUANT TO 17 CFR 205.3 (d)(2), THE APPLICABLE COLORADO RULES OF3
	1079	+	PROFESSIONAL CONDUCT, OR OTHERWISE.4
1237	1080		(b) E
1238		-	XAMINE UNDER OATH ANY PERSON IN CONNECTION WITH THE
1239		-	ALLEGED VIOLATIONS
1240		-	;
	1081	+	XAMINE UNDER OATH ANY PERSON IN CONNECTION WITH THE5
	1082	+	ALLEGED VIOLATIONS;6
1241	1083		(c) E
1242		-	XAMINE ANY PROPERTY OR SAMPLE THEREOF , OR ANY
1243		-	NONPRIVILEGED RECORD
1244		-	, BOOK, DOCUMENT, ACCOUNT, OR PAPER THE
1245		-	ATTORNEY GENERAL DEEMS NECESSARY
1246		-	;
	1084	+	XAMINE ANY PROPERTY OR SAMPLE THEREOF ,
	1085	+	OR ANY7
	1086	+	NONPRIVILEGED RECORD , BOOK, DOCUMENT, ACCOUNT, OR PAPER THE8
	1087	+	ATTORNEY GENERAL DEEMS NECESSARY ;9
1247	1088		(d) M
1248		-	AKE TRUE COPIES, AT THE EXPENSE OF THE ATTORNEY
1249		-	GENERAL
1250		-	, OF ANY NONPRIVILEGED RECORD , BOOK, DOCUMENT, ACCOUNT,
1251		-	OR PAPER EXAMINED PURSUANT TO SUBSECTION (1)(c) OF THIS SECTION,
1252		-	WHICH COPIES MAY BE OFFERED INTO EVIDENCE IN LIEU OF THE ORIGINALS
1253		-	THEREOF IN AN ACTION BROUGHT PURSUANT TO THIS PART
1254		-	12; AND
1255		-	(e) PURSUANT TO ANY ORDER OF ANY DISTRICT COURT , IMPOUND
1256		-	ANY SAMPLE OF PROPERTY THAT IS MATERIAL TO ANY ALLEGED VIOLATION
1257		-	OF THIS PART
1258		-	12 AND RETAIN THE SAME IN THE ATTORNEY GENERAL 'S
1259		-	POSSESSION UNTIL COMPLETION OF ALL PROCEEDINGS UNDERTAKEN
1260		-	PURSUANT TO THIS PART
1261		-	12. A DISTRICT COURT SHALL NOT ISSUE AN ORDER
1262		-	PAGE 23-HOUSE BILL 22-1119 DESCRIBED IN THIS SUBSECTION (1)(e) WITHOUT GIVING FULL OPPORTUNITY
1263		-	TO THE ACCUSED TO BE HEARD AND UNLESS THE ATTORNEY GENERAL HAS
1264		-	PROVEN BY CLEAR AND CONVINCING EVIDENCE THAT THE ORDER WILL NOT
1265		-	IMPAIR THE BUSINESS ACTIVITIES OF THE PERSON TO WHOM THE ORDER IS
1266		-	DIRECTED
1267		-	.
	1089	+	AKE TRUE COPIES, AT THE EXPENSE OF THE ATTORNEY10
	1090	+	GENERAL, OF ANY
	1091	+	NONPRIVILEGED RECORD, BOOK, DOCUMENT, ACCOUNT,11
	1092	+	OR PAPER EXAMINED PURSUANT TO SUBSECTION (1)(c) OF THIS SECTION,12
	1093	+	WHICH COPIES MAY BE OFFERED INTO EVIDENCE IN LIEU OF THE ORIGINALS13
	1094	+	THEREOF IN AN ACTION BROUGHT PURSUANT TO THIS PART 12; AND14
	1095	+	(e) P
	1096	+	URSUANT TO ANY ORDER OF ANY DISTRICT COURT , IMPOUND15
	1097	+	ANY SAMPLE OF PROPERTY THAT IS MATERIAL TO ANY ALLEGED VIOLATION16
	1098	+	OF THIS PART 12 AND RETAIN THE SAME IN THE ATTORNEY GENERAL 'S17
	1099	+	POSSESSION UNTIL COMPLETION OF ALL PROCEEDINGS UNDERTAKEN18
	1100	+	PURSUANT TO THIS PART 12. A DISTRICT COURT SHALL NOT ISSUE AN19
	1101	+	ORDER DESCRIBED IN THIS SUBSECTION (1)(e) WITHOUT GIVING FULL20
	1102	+	OPPORTUNITY TO THE ACCUSED TO BE HEARD AND UNLESS THE ATTORNEY21
	1103	+	GENERAL HAS PROVEN BY CLEAR AND CONVINCING EVIDENCE THAT THE22
	1104	+	ORDER WILL NOT IMPAIR THE BUSINESS ACTIVITIES OF THE PERSON TO23
	1105	+	WHOM THE ORDER IS DIRECTED.24
1268	1106		(2) W
1269		-	HEN THE ATTORNEY GENERAL HAS REASONABLE CAUSE TO
1270		-	BELIEVE THAT A PERSON
1271		-	, WHETHER IN THIS STATE OR ELSEWHERE , HAS
1272		-	ENGAGED IN OR IS ENGAGING IN A VIOLATION OF SECTION
1273		-	24-31-1203, THE
1274		-	ATTORNEY GENERAL MAY ISSUE SUBPOENAS TO REQUIRE THE ATTENDANCE
1275		-	OF WITNESSES OR THE PRODUCTION OF DOCUMENTS
1276		-	, ADMINISTER OATHS,
1277		-	CONDUCT HEARINGS IN AID OF ANY INVESTIGATION OR INQUIRY , AND
1278		-	PRESCRIBE SUCH FORMS AS MAY BE NECESSARY TO ADMINISTER THIS PART
1279		-	12.
	1107	+	HEN THE ATTORNEY GENERAL HAS REASONABLE CAUSE TO25
	1108	+	BELIEVE THAT A PERSON, WHETHER IN THIS STATE OR ELSEWHERE , HAS26
	1109	+	ENGAGED IN OR IS ENGAGING IN A VIOLATION OF SECTION 24-31-1203, THE27
	1110	+	1119
	1111	+	-31- ATTORNEY GENERAL MAY ISSUE SUBPOENAS TO REQUIRE THE1
	1112	+	ATTENDANCE OF WITNESSES OR THE PRODUCTION OF DOCUMENTS ,2
	1113	+	ADMINISTER OATHS, CONDUCT HEARINGS IN AID OF ANY INVESTIGATION OR3
	1114	+	INQUIRY, AND PRESCRIBE SUCH FORMS AS MAY BE NECESSARY TO4
	1115	+	ADMINISTER THIS PART 12.5
1280	1116		(3) T
1281		-	HE ATTORNEY GENERAL MAY ISSUE SUBPOENAS TO ANY PUBLIC
1282		-	OR PRIVATE CORPORATION OR PARTNERSHIP OR ASSOCIATION OR
1283		-	GOVERNMENTAL ENTITY TO PR ODUCE WITNESSES TO APPEAR AND GIVE ORAL
1284		-	TESTIMONY AT INVESTIGATIVE HEARINGS
1285		-	. THE SUBPOENAS MAY DESIGNATE
1286		-	WITH REASONABLE PARTICULARITY THE MATTERS ON WHICH EXAMINATION
1287		-	IS REQUESTED
1288		-	. IN RESPONSE TO THE SUBPOENA , THE ENTITY SHALL
1289		-	DESIGNATE ONE OR MORE OFFICERS
1290		-	, DIRECTORS, OR MANAGING AGENTS, OR
1291		-	DESIGNATE OTHER PERSONS
1292		-	, TO TESTIFY ON ITS BEHALF.
	1117	+	HE ATTORNEY GENERAL MAY ISSUE SUBPOENAS TO ANY6
	1118	+	PUBLIC OR PRIVATE CORPORATION OR PARTNERSHIP OR ASSOCIATION OR7
	1119	+	GOVERNMENTAL ENTITY TO PR ODUCE WITNESSES TO APPEAR AND GIVE8
	1120	+	ORAL TESTIMONY AT INVESTIGATIVE HEARINGS . THE SUBPOENAS MAY9
	1121	+	DESIGNATE WITH REASONABLE PARTICULARITY THE MATTERS ON WHICH10
	1122	+	EXAMINATION IS REQUESTED. IN RESPONSE TO THE SUBPOENA, THE ENTITY11
	1123	+	SHALL DESIGNATE ONE OR MORE OFFICERS , DIRECTORS, OR MANAGING12
	1124	+	AGENTS, OR DESIGNATE OTHER PERSONS, TO TESTIFY ON ITS BEHALF.13
1293	1125		(4) A
1294		-	NOTICE OR SUBPOENA MAY BE SERVED IN THE MANNER
1295		-	PRESCRIBED BY LAW OR AS PROVIDED IN RULE
1296		-	4 OF THE COLORADO RULES
1297		-	OF CIVIL PROCEDURE
1298		-	.
	1126	+	NOTICE OR SUBPOENA MAY BE SERVED IN THE MANNER14
	1127	+	PRESCRIBED BY LAW OR AS PROVIDED IN RULE 4 OF THE COLORADO RULES15
	1128	+	OF CIVIL PROCEDURE.16
1299	1129		(5) (a) I
1300		-	F THE RECORDS OF A PERSON WHO HAS BEEN ISSUED A
1301		-	SUBPOENA ARE LOCATED OUTSIDE THIS STATE
1302		-	, THE PERSON SHALL EITHER:
	1130	+	F THE RECORDS OF A PERSON WHO HAS BEEN ISSUED A17
	1131	+	SUBPOENA ARE LOCATED OUTSIDE THIS STATE , THE PERSON SHALL EITHER:18
1303	1132		(I) M
1304		-	AKE THEM AVAILABLE TO THE ATTORNEY GENERAL EITHER
1305		-	ELECTRONICALLY OR AT A CONVENIENT LOCATION WITHIN THIS STATE
1306		-	; OR
1307		-	(II) PAY THE REASONABLE AND NECESSARY EXPENSES FOR THE
1308		-	ATTORNEY GENERAL
1309		-	, OR THE ATTORNEY GENERAL'S DESIGNEE, TO EXAMINE
1310		-	THE RECORDS AT THE PLACE WHERE THEY ARE MAINTAINED
1311		-	.
	1133	+	AKE THEM AVAILABLE TO THE ATTORNEY GENERAL EITHER19
	1134	+	ELECTRONICALLY OR AT A CONVENIENT LOCATION WITHIN THIS STATE ; OR20
	1135	+	(II) P
	1136	+	AY THE REASONABLE AND NECESSARY EXPENSES FOR THE21
	1137	+	ATTORNEY GENERAL , OR THE ATTORNEY GENERAL 'S DESIGNEE, TO22
	1138	+	EXAMINE THE RECORDS AT THE PLACE WHERE THEY ARE MAINTAINED .23
1312	1139		(b) T
1313		-	HE ATTORNEY GENERAL MAY DESIGNATE REPRESENTATIVES ,
1314		-	INCLUDING COMPARABLE OFFICIALS OF THE STATE IN WHICH THE RECORDS
1315		-	PAGE 24-HOUSE BILL 22-1119 ARE LOCATED, TO INSPECT THE RECORDS ON BEHALF OF THE ATTORNEY
1316		-	GENERAL
1317		-	.
1318		-	(6) I
1319		-	F ANY PERSON FAILS TO COOPERATE WITH ANY INVESTIGATION
1320		-	PURSUANT TO THIS SECTION OR FAILS TO OBEY ANY SUBPOENA ISSUED
1321		-	PURSUANT TO THIS SECTION
1322		-	, THE ATTORNEY GENERAL MAY APPLY TO THE
1323		-	APPROPRIATE DISTRICT COURT FOR AN APPROPRIATE ORDER TO EFFECTUATE
1324		-	THE PURPOSES OF THIS PART
1325		-	12. AT THE REQUEST OF THE ATTORNEY
1326		-	GENERAL
1327		-	, THE APPLICATION MAY BE FILED IN CAMERA AND KEPT
1328		-	CONFIDENTIAL TO MAINTAIN THE CONFIDENTIALITY OF THE ATTORNEY
1329		-	GENERAL
1330		-	'S INVESTIGATION. THE APPLICATION MUST STATE THAT THERE ARE
1331		-	REASONABLE GROUNDS TO BELIEVE THAT THE ORDER APPLIED FOR IS
1332		-	NECESSARY TO INVESTIGATE A VIOLATION OF THIS PART
1333		-	12. IF THE COURT IS
1334		-	SATISFIED THAT REASONABLE GROUNDS EXIST
1335		-	, THE COURT IN ITS ORDER
1336		-	MAY
1337		-	:
	1140	+	HE ATTORNEY GENERAL MAY DESIGNATE REPRESENTATIVES ,24
	1141	+	INCLUDING COMPARABLE OFFICIALS OF THE STATE IN WHICH THE RECORDS25
	1142	+	ARE LOCATED, TO INSPECT THE RECORDS ON BEHALF OF THE ATTORNEY26
	1143	+	GENERAL.27
	1144	+	1119
	1145	+	-32- (6) IF ANY PERSON FAILS TO COOPERATE WITH ANY INVESTIGATION1
	1146	+	PURSUANT TO THIS SECTION OR FAILS TO OBEY ANY SUBPOENA ISSUED2
	1147	+	PURSUANT TO THIS SECTION, THE ATTORNEY GENERAL MAY APPLY TO THE3
	1148	+	APPROPRIATE DISTRICT COURT FOR AN APPROPRIATE ORDER TO4
	1149	+	EFFECTUATE THE PURPOSES OF THIS PART 12. AT THE REQUEST OF THE5
	1150	+	ATTORNEY GENERAL, THE APPLICATION MAY BE FILED IN CAMERA AND6
	1151	+	KEPT CONFIDENTIAL TO MAINTAIN THE CONFIDENTIALITY OF THE7
	1152	+	ATTORNEY GENERAL'S INVESTIGATION. THE APPLICATION MUST STATE8
	1153	+	THAT THERE ARE REASONABLE GROUNDS TO BELIEVE THAT THE ORDER9
	1154	+	APPLIED FOR IS NECESSARY TO INVESTIGATE A VIOLATION OF THIS PART 12.10
	1155	+	I
	1156	+	F THE COURT IS SATISFIED THAT REASONABLE GROUNDS EXIST , THE COURT11
	1157	+	IN ITS ORDER MAY:12
1338	1158		(a) G
1339		-	RANT APPROPRIATE INJUNCTIVE RELIEF;
	1159	+	RANT APPROPRIATE INJUNCTIVE RELIEF;13
1340	1160		(b) R
1341		-	EQUIRE ATTENDANCE OF OR THE PRODUCTION OF DOCUMENTS
1342		-	BY THE PERSON
1343		-	, OR BOTH;
	1161	+	EQUIRE ATTENDANCE OF OR THE PRODUCTION OF DOCUMENTS14
	1162	+	BY THE PERSON, OR BOTH;15
1344	1163		(c) G
1345		-	RANT OTHER OR FURTHER RELIEF AS MAY BE NECESSARY TO
1346		-	OBTAIN COMPLIANCE BY THE PERSON
1347		-	.
	1164	+	RANT OTHER OR FURTHER RELIEF AS MAY BE NECESSARY TO16
	1165	+	OBTAIN COMPLIANCE BY THE PERSON .17
1348	1166		24-31-1208. Rule-making. T
1349		-	HE ATTORNEY GENERAL MAY
1350		-	PROMULGATE RULES NECESSARY TO IMPLEMENT THIS PART
1351		-	12.
1352		-	24-31-1209. Use of recoveries - false claims recovery cash fund
	1167	+	HE ATTORNEY GENERAL MAY18
	1168	+	PROMULGATE RULES NECESSARY TO IMPLEMENT THIS PART 12.19
	1169	+	24-31-1209. Use of recoveries - false claims recovery cash fund20
1353	1170		- creation. (1) T
1354		-	HE STATE TREASURER SHALL TRANSFER ALL PROCEEDS
1355		-	RETAINED BY THE STATE FROM A FALSE CLAIMS ACTION BROUGHT PURSUANT
1356		-	TO THIS PART
1357		-	12 TO THE FALSE CLAIMS RECOVERY CASH FUND , WHICH IS
1358		-	HEREBY CREATED
1359		-	.
	1171	+	HE STATE TREASURER SHALL TRANSFER ALL PROCEEDS21
	1172	+	RETAINED BY THE STATE FROM A FALSE CLAIMS ACTION BROUGHT22
	1173	+	PURSUANT TO THIS PART 12 TO THE FALSE CLAIMS RECOVERY CASH FUND ,23
	1174	+	WHICH IS HEREBY CREATED.24
1360	1175		(2) A
1361		-	NY MONEY IN THE FUND NOT EXPENDED FOR THE PURPOSE OF
1362		-	THIS SECTION MAY BE INVESTED BY THE STATE TREASURER AS PROVIDED BY
1363		-	LAW
1364		-	. ALL INTEREST AND INCOME DERIVED FROM INVESTMENT AND DEPOSIT
1365		-	OF MONEY IN THE FUND SHALL BE CREDITED TO THE FUND
1366		-	.
	1176	+	NY MONEY IN THE FUND NOT EXPENDED FOR THE PURPOSE OF25
	1177	+	THIS SECTION MAY BE INVESTED BY THE STATE TREASURER AS PROVIDED26
	1178	+	BY LAW. ALL INTEREST AND INCOME DERIVED FROM INVESTMENT AND27
	1179	+	1119
	1180	+	-33- DEPOSIT OF MONEY IN THE FUND SHALL BE CREDITED TO THE FUND .1
1367	1181		(3) (a) S
1368		-	UBJECT TO ANNUAL APPROPRIATION BY THE GENERAL
1369		-	ASSEMBLY
1370		-	, THE DEPARTMENT MAY EXPEND MONEY FROM THE FUND FOR
1371		-	PAGE 25-HOUSE BILL 22-1119 NECESSARY ACTUAL COSTS OF CARRYING OUT ITS DUTIES PURSUANT TO THIS
1372		-	PART
1373		-	12.
	1182	+	UBJECT TO ANNUAL APPROPRIATION BY THE GENERAL2
	1183	+	ASSEMBLY, THE DEPARTMENT MAY EXPEND MONEY FROM THE FUND FOR3
	1184	+	NECESSARY ACTUAL COSTS OF CARRYING OUT ITS DUTIES PURSUANT TO4
	1185	+	THIS PART 12.5
1374	1186		(b) (I) W
1375		-	HEN PROCEEDS RETAINED BY THE STATE FROM A FALSE
1376		-	CLAIMS ACTION ARE DEPOSITED INTO THE FUND
1377		-	, THE ATTORNEY GENERAL
1378		-	SHALL DETERMINE THE AMOUNT OF THE PROCEEDS THAT SHOULD REMAIN IN
1379		-	THE FUND FOR USE BY THE DEPARTMENT FOR THE COSTS OF CARRYING OUT
1380		-	ITS DUTIES PURSUANT TO THIS PART
1381		-	12 AND THE AMOUNT OF ANY PROCEEDS
1382		-	DEPOSITED INTO THE FUND THAT ARE ATTRIBUTABLE TO A POLITICAL
1383		-	SUBDIVISION
1384		-	.
	1187	+	HEN PROCEEDS RETAINED BY THE STATE FROM A FALSE6
	1188	+	CLAIMS ACTION ARE DEPOSITED INTO THE FUND , THE ATTORNEY GENERAL7
	1189	+	SHALL DETERMINE THE AMOUNT OF THE PROCEEDS THAT SHOULD REMAIN8
	1190	+	IN THE FUND FOR USE BY THE DEPARTMENT FOR THE COSTS OF CARRYING9
	1191	+	OUT ITS DUTIES PURSUANT TO THIS PART
	1192	+	12 AND THE AMOUNT OF ANY10
	1193	+	PROCEEDS DEPOSITED INTO THE FUND THAT ARE ATTRIBUTABLE TO A11
	1194	+	POLITICAL SUBDIVISION.12
1385	1195		(II) I
1386		-	F THE AMOUNT OF THE PROCEEDS IS EQUAL TO OR EXCEEDS THE
1387		-	AMOUNT OF THE FALSE CLAIM PLUS THE DEPARTMENT
1388		-	'S COSTS, THE
1389		-	ATTORNEY GENERAL SHALL DIRECT THE STATE TREASURER TO TRANSFER TO
1390		-	THE ORIGINAL FUND FROM WHICH THE FALSE CLAIM WAS PAID AN AMOUNT
1391		-	EQUAL TO THE FALSE CLAIM
1392		-	. IF ALL OR PART OF THE PROCEEDS ARE
1393		-	ATTRIBUTABLE TO A POLITICAL SUBDIVISION
1394		-	, THE ATTORNEY GENERAL
1395		-	SHALL DIRECT THE TREASURER TO PAY TO THE POLITICAL SUBDIVISION
1396		-	, AS
1397		-	DESCRIBED IN SUBSECTION
1398		-	(3)(c) OF THIS SECTION, AN AMOUNT EQUAL TO
1399		-	THE FALSE CLAIM
1400		-	.
	1196	+	F THE AMOUNT OF THE PROCEEDS IS EQUAL TO OR EXCEEDS13
	1197	+	THE AMOUNT OF THE FALSE CLAIM PLUS THE DEPARTMENT 'S COSTS, THE14
	1198	+	ATTORNEY GENERAL SHALL DIRECT THE STATE TREASURER TO
	1199	+	TRANSFER15
	1200	+	TO THE ORIGINAL FUND FROM WHICH THE FALSE CLAIM WAS PAID AN16
	1201	+	AMOUNT EQUAL TO THE FALSE CLAIM . IF ALL OR PART OF THE PROCEEDS17
	1202	+	ARE ATTRIBUTABLE TO A POLITICAL SUBDIVISION , THE ATTORNEY18
	1203	+	GENERAL SHALL DIRECT THE TREASURER TO PAY TO THE POLITICAL19
	1204	+	SUBDIVISION, AS DESCRIBED IN SUBSECTION (3)(c) OF THIS SECTION, AN20
	1205	+	AMOUNT EQUAL TO THE FALSE CLAIM .21
1401	1206		(III) I
1402		-	F THE AMOUNT OF THE PROCEEDS IS LESS THAN THE AMOUNT
1403		-	OF THE FALSE CLAIM PLUS THE DEPARTMENT
1404		-	'S COSTS, THE ATTORNEY
1405		-	GENERAL SHALL DIRECT THE STATE TREASURER TO TRANSFER TO THE
1406		-	ORIGINAL FUND FROM WHICH THE FALSE CLAIM WAS PAID A PRO
1407		-	-RATED
1408		-	AMOUNT BASED ON THE ACTUAL RECOVERY
1409		-	. IF ALL OR PART OF THE
1410		-	PROCEEDS ARE ATTRIBUTABLE TO A POLITICAL SUBDIVISION
1411		-	, THE ATTORNEY
1412		-	GENERAL SHALL DIRECT THE TREASURER TO PAY TO THE POLITICAL
1413		-	SUBDIVISION
1414		-	, AS DESCRIBED IN SUBSECTION (3)(c) OF THIS SECTION, A
1415		-	PRO
1416		-	-RATED AMOUNT BASED ON THE ACTUAL RECOVERY .
	1207	+	F THE AMOUNT OF THE PROCEEDS IS LESS THAN THE AMOUNT22
	1208	+	OF THE FALSE CLAIM PLUS THE DEPARTMENT 'S COSTS, THE ATTORNEY23
	1209	+	GENERAL SHALL DIRECT THE STATE TREASURER TO
	1210	+	TRANSFER TO THE24
	1211	+	ORIGINAL FUND FROM WHICH THE FALSE CLAIM WAS PAID A PRO -RATED25
	1212	+	AMOUNT BASED ON THE ACTUAL RECOVERY . IF ALL OR PART OF THE26
	1213	+	PROCEEDS ARE ATTRIBUTABLE TO A POLITICAL SUBDIVISION , THE27
	1214	+	1119
	1215	+	-34- ATTORNEY GENERAL SHALL DIRECT THE TREASURER TO PAY TO THE1
	1216	+	POLITICAL SUBDIVISION, AS DESCRIBED IN SUBSECTION (3)(c) OF THIS2
	1217	+	SECTION, A PRO-RATED AMOUNT BASED ON THE ACTUAL RECOVERY .3
1417	1218		(IV) F
1418	1219		OR THE PURPOSES OF A FALSE CLAIMS ACTION INVOLVING A
1419		-	~~VIOLATION OF SECTION~~
1420		-	24-31-1203(1)(g), THE RELEVANT FUND IS ~~THE~~
1421		-	UNEMPLOYMENT COMPENSATION FUND ESTABLISHED IN ~~SECTION~~
1422		-	8-77-101.
	1220	+	4
	1221	+	VIOLATION OF SECTION 24-31-1203(1)(g), THE RELEVANT FUND IS THE5
	1222	+	UNEMPLOYMENT COMPENSATION FUND ESTABLISHED IN SECTION6
	1223	+	8-77-101.7
1423	1224		(c) N
1424		-	O LATER THAN SEVEN DAYS AFTER THE ATTORNEY GENERAL
1425		-	DIRECTS THE STATE TREASURER TO MAKE A PAYMENT TO A POLITICAL
1426		-	SUBDIVISION PURSUANT TO SUBSECTION
1427		-	(3)(b) OF THIS SECTION, THE STATE
1428		-	TREASURER SHALL ISSUE A WARRANT TO BE PAID UPON DEMAND FROM THE
1429		-	FUND TO THE POLITICAL SUBDIVISION IN THE AMOUNT SPECIFIED BY THE
1430		-	PAGE 26-HOUSE BILL 22-1119 ATTORNEY GENERAL.
	1225	+	O LATER THAN SEVEN DAYS AFTER THE ATTORNEY GENERAL8
	1226	+	DIRECTS THE STATE TREASURER TO MAKE A PAYMENT TO A POLITICAL9
	1227	+	SUBDIVISION PURSUANT TO SUBSECTION (3)(b) OF THIS SECTION, THE10
	1228	+	STATE TREASURER SHALL ISSUE A WARRANT TO BE PAID UPON DEMAND11
	1229	+	FROM THE FUND TO THE POLITICAL SUBDIVISION IN THE AMOUNT SPECIFIED12
	1230	+	BY THE ATTORNEY GENERAL .13
1431	1231		(4) A
1432		-	NY UNEXPENDED AND UNENCUMBERED MONEY REMAINING IN
1433		-	THE FUND AT THE END OF A FISCAL YEAR SHALL REMAIN IN THE FUND AND
1434		-	SHALL NOT BE CREDITED OR TRANSFERRED TO ANOTHER FUND
1435		-	.
1436		-	24-31-1210. No limitations on common law authority - medicaid
1437		-	fraud control. N
1438		-	OTHING IN THIS PART 12 AFFECTS, LIMITS, OR SUPPLANTS
1439		-	THE COMMON LAW AUTHORITY OF THE ATTORNEY GENERAL OR THE
1440		-	DEPARTMENT TO INVESTIGATE AND PROSECUTE MEDICAID FR AUD PURSUANT
1441		-	TO PART
1442		-	8 OF THIS ARTICLE 31.
1443		-	24-31-1211. False claims act report. (1) O
1444		-	N OR BEFORE JANUARY
1445		-	15, 2024, AND ON OR BEFORE EACH JANUARY 15 THEREAFTER, THE
1446		-	ATTORNEY GENERAL SHALL SUBMIT A WRITTEN REPORT TO THE HOUSE OF
1447		-	REPRESENTATIVES BUSINESS AFFAIRS AND LABOR COMMITTEE
1448		-	, THE HOUSE
1449		-	OF REPRESENTATIVES JUDICIARY COMMITTEE
1450		-	, THE SENATE BUSINESS, LABOR,
1451		-	AND TECHNOLOGY COMMITTEE , AND THE SENATE JUDICIARY COMMITTEE , OR
1452		-	THEIR SUCCESSOR COMMITTEES
1453		-	, CONCERNING CLAIMS BROUGHT PURSUANT
1454		-	TO THIS PART
1455		-	12 DURING THE PREVIOUS FISCAL YEAR . THE REPORT MUST
1456		-	INCLUDE
1457		-	, BUT IS NOT LIMITED TO:
1458		-	(a) T
1459		-	HE NUMBER OF ACTIONS BROUGHT BY THE ATTORNEY GENERAL
1460		-	AND THE DISPOSITION OF THE ACTIONS
1461		-	;
1462		-	(b) T
1463		-	HE AMOUNT OF PROCEEDS RECOVERED BY THE STATE THROUGH
1464		-	SETTLEMENT OR JUDGMENT IN AN ACTION BROUGHT PURSUANT TO THIS PART
1465		-	12, INCLUDING:
1466		-	(I) T
1467		-	HE CASE NUMBER AND PARTIES FOR EACH ACTION IN WHICH
1468		-	PROCEEDS WERE RECOVERED
1469		-	;
1470		-	(II)
1471		-	THE AMOUNT OF PROCEEDS RECOVERED IN EACH CASE ,
1472		-	CATEGORIZED BY THE AMOUNT RECOVERED AS DAMAGES , PENALTIES, AND
1473		-	LITIGATION COSTS
1474		-	; AND
1475		-	(III) IF APPLICABLE, THE PERCENTAGE OF THE PROCEEDS RECOVERED
1476		-	AND THE TOTAL AMOUNT AWARDED TO A PRIVATE PERSON WHO BROUGHT
1477		-	THE ACTION
1478		-	.
1479		-	(c) T
1480		-	HE NUMBER OF ACTIONS BROUGHT BY A PERSON OTHER THAN
1481		-	PAGE 27-HOUSE BILL 22-1119 THE ATTORNEY GENERAL IN WHICH THE ATTORNEY GENERAL DID NOT
1482		-	INTERVENE
1483		-	, WHETHER THE ACTIONS WERE CONTINUED BY THE OTHER
1484		-	PERSON
1485		-	, AND THE DISPOSITION OF THE ACTIONS;
1486		-	(d) T
1487		-	HE AMOUNT OF PROCEEDS, INCLUDING ANY LITIGATION COSTS
1488		-	AND ATTORNEY FEES
1489		-	, RECOVERED THROUGH SETTLEMENT OR JUDGMENT IN
1490		-	ACTIONS BROUGHT BY A PERSON OTHER T HAN THE ATTORNEY GENERAL
1491		-	; AND
1492		-	(e) THE AMOUNT EXPENDED BY THE STATE FOR INVESTIGATION AND
1493		-	LITIGATION OF FALSE CLAIMS PURSUANT TO THIS PART
1494		-	12 AND ALL OTHER
1495		-	COSTS RELATED TO THIS PART
1496		-	12.
1497		-	(2) N
1498		-	OTWITHSTANDING SECTION 24-1-136 (11)(a)(I), THE REPORTING
1499		-	REQUIREMENT DESCRIBED IN THIS SECTION CONTINUES INDEFINITELY
1500		-	.
1501		-	SECTION 3. In Colorado Revised Statutes, 2-3-109, add (3) as
1502		-	follows:
	1232	+	NY UNEXPENDED AND UNENCUMBERED MONEY REMAINING14
	1233	+	IN THE FUND AT THE END OF A FISCAL YEAR SHALL REMAIN IN THE FUND15
	1234	+	AND SHALL NOT BE CREDITED OR TRANSFERRED TO ANOTHER FUND .16
	1235	+	24-31-1210. No limitations on common law authority -17
	1236	+	medicaid fraud control. N
	1237	+	OTHING IN THIS PART 12 AFFECTS, LIMITS, OR18
	1238	+	SUPPLANTS THE COMMON LAW AUTHORITY OF THE ATTORNEY GENERAL OR19
	1239	+	THE DEPARTMENT TO INVESTIGATE AND PROSECUTE MEDICAID FRAUD20
	1240	+	PURSUANT TO PART 8 OF THIS ARTICLE 31.21
	1241	+	24-31-1211. False claims act report. (1) ON OR BEFORE22
	1242	+	JANUARY 15, 2024, AND ON OR BEFORE EACH JANUARY 15 THEREAFTER,23
	1243	+	THE ATTORNEY GENERAL SHALL SUBMIT A WRITTEN REPORT TO THE HOUSE24
	1244	+	OF REPRESENTATIVES BUSINESS AFFAIRS AND LABOR COMMITTEE, THE25
	1245	+	HOUSE OF REPRESENTATIVES JUDICIARY COMMITTEE, THE SENATE26
	1246	+	BUSINESS, LABOR, AND TECHNOLOGY COMMITTEE, AND THE SENATE27
	1247	+	1119
	1248	+	-35- JUDICIARY COMMITTEE, OR THEIR SUCCESSOR COMMITTEES, CONCERNING1
	1249	+	CLAIMS BROUGHT PURSUANT TO THIS PART 12 DURING THE PREVIOUS2
	1250	+	FISCAL YEAR. THE REPORT MUST INCLUDE, BUT IS NOT LIMITED TO:3
	1251	+	(a) THE NUMBER OF ACTIONS BROUGHT BY THE ATTORNEY4
	1252	+	GENERAL AND THE DISPOSITION OF THE ACTIONS ;5
	1253	+	(b) THE AMOUNT OF PROCEEDS RECOVERED BY THE STATE6
	1254	+	THROUGH SETTLEMENT OR JUDGMENT IN AN ACTION BROUGHT PURSUANT7
	1255	+	TO THIS PART 12, INCLUDING:8
	1256	+	(I) THE CASE NUMBER AND PARTIES FOR EACH ACTION IN WHICH9
	1257	+	PROCEEDS WERE RECOVERED ;10
	1258	+	(II) THE AMOUNT OF PROCEEDS RECOVERED IN EACH CASE,11
	1259	+	CATEGORIZED BY THE AMOUNT RECOVERED AS DAMAGES , PENALTIES, AND12
	1260	+	LITIGATION COSTS; AND13
	1261	+	(III) IF APPLICABLE, THE PERCENTAGE OF THE PROCEEDS14
	1262	+	RECOVERED AND THE TOTAL AMOUNT AWARDED TO A PRIVATE PERSON15
	1263	+	WHO BROUGHT THE ACTION .16
	1264	+	(c) THE NUMBER OF ACTIONS BROUGHT BY A PERSON OTHER THAN17
	1265	+	THE ATTORNEY GENERAL IN WHICH THE ATTORNEY GENERAL DID NOT18
	1266	+	INTERVENE, WHETHER THE ACTIONS WERE CONTINUED BY THE OTHER19
	1267	+	PERSON, AND THE DISPOSITION OF THE ACTIONS;20
	1268	+	(d) THE AMOUNT OF PROCEEDS, INCLUDING ANY LITIGATION COSTS21
	1269	+	AND ATTORNEY FEES, RECOVERED THROUGH SETTLEMENT OR JUDGMENT22
	1270	+	IN ACTIONS BROUGHT BY A PERSON OTHER THAN THE ATTORNEY GENERAL ;23
	1271	+	AND24
	1272	+	(e) THE AMOUNT EXPENDED BY THE STATE FOR INVESTIGATION25
	1273	+	AND LITIGATION OF FALSE CLAIMS PURSUANT TO THIS PART 12 AND ALL26
	1274	+	OTHER COSTS RELATED TO THIS PART 12.27
	1275	+	1119
	1276	+	-36- (2) NOTWITHSTANDING SECTION 24-1-136 (11)(a)(I), THE1
	1277	+	REPORTING REQUIREMENT DESCRIBED IN THIS SECTION CONTINUES2
	1278	+	INDEFINITELY.3
	1279	+	SECTION 3. In Colorado Revised Statutes, 2-3-109, add (3) as4
	1280	+	follows:5
1503	1281		2-3-109. Emergency reports. (3) I
1504		-	F THE STATE AUDITOR IN THE
1505		-	COURSE OF AN AUDIT FINDS EVIDENCE OF APPARENTLY FALSE CLAIMS
1506		-	RELATED TO PUBLIC FUNDS OR PROPERTY
1507		-	, THE STATE AUDITOR SHALL
1508		-	IMMEDIATELY REPORT SUCH TRANSACTIONS TO THE COMMITTEE AND SHALL
1509		-	FILE A WRITTEN COPY OF THE REPORT WITH THE ATTORNEY GENERAL
1510		-	.
1511		-	SECTION 4. In Colorado Revised Statutes, 2-3-110.5, amend
1512		-	(3)(a)(II) as follows:
1513		-	2-3-110.5. Fraud hotline - investigations - confidentiality - access
1514		-	to records - definitions. (3) (a) (II) The state auditor shall forward all
1515		-	hotline calls alleging fraud by a medicaid recipient to the department of
1516		-	health care policy and financing, and
1517		-	all calls alleging fraud by a medicaid
1518		-	provider or contractor to the medicaid fraud control unit of the office of the
1519		-	attorney general,
1520		-	AND ALL CALLS ALLEGING FRAUD IN VIOLATION OF THE
1521		-	"COLORADO FALSE CLAIMS ACT", PART 12 OF ARTICLE 31 OF TITLE 24, TO
1522		-	THE ATTORNEY GENERAL UNLESS THE ALLEGATION RELATES TO A STATE
1523		-	EMPLOYEE IN THE PERFORMANCE OF THE EMPLOYEE
1524		-	'S DUTIES.
1525		-	SECTION 5. Appropriation. For the 2022-23 state fiscal year,
1526		-	$13,568 is appropriated to the legislative department for use by the office
1527		-	of the state auditor. This appropriation is from the general fund. The office
1528		-	PAGE 28-HOUSE BILL 22-1119 may use this appropriation to implement this act.
1529		-	SECTION 6. Act subject to petition - effective date. This act
1530		-	takes effect at 12:01 a.m. on the day following the expiration of the
1531		-	ninety-day period after final adjournment of the general assembly; except
1532		-	that, if a referendum petition is filed pursuant to section 1 (3) of article V
1533		-	of the state constitution against this act or an item, section, or part of this act
1534		-	within such period, then the act, item, section, or part will not take effect
1535		-	unless approved by the people at the general election to be held in
1536		-	PAGE 29-HOUSE BILL 22-1119 November 2022 and, in such case, will take effect on the date of the official
1537		-	declaration of the vote thereon by the governor.
1538		-	____________________________ ____________________________
1539		-	Alec Garnett Steve Fenberg
1540		-	SPEAKER OF THE HOUSE PRESIDENT OF
1541		-	OF REPRESENTATIVES THE SENATE
1542		-	____________________________ ____________________________
1543		-	Robin Jones Cindi L. Markwell
1544		-	CHIEF CLERK OF THE HOUSE SECRETARY OF
1545		-	OF REPRESENTATIVES THE SENATE
1546		-	APPROVED________________________________________
1547		-	(Date and Time)
1548		-	_________________________________________
1549		-	Jared S. Polis
1550		-	GOVERNOR OF THE STATE OF COLORADO
1551		-	PAGE 30-HOUSE BILL 22-1119
	1282	+	F THE STATE AUDITOR IN THE6
	1283	+	COURSE OF AN AUDIT FINDS EVIDENCE OF APPARENTLY FALSE CLAIMS7
	1284	+	RELATED TO PUBLIC FUNDS OR PROPERTY , THE STATE AUDITOR SHALL8
	1285	+	IMMEDIATELY REPORT SUCH TRANSACTIONS TO THE COMMITTEE AND9
	1286	+	SHALL FILE A WRITTEN COPY OF THE REPORT WITH THE ATTORNEY10
	1287	+	GENERAL.11
	1288	+	SECTION 4. In Colorado Revised Statutes, 2-3-110.5, amend12
	1289	+	(3)(a)(II) as follows:13
	1290	+	2-3-110.5. Fraud hotline - investigations - confidentiality -14
	1291	+	access to records - definitions. (3) (a) (II) The state auditor shall15
	1292	+	forward all hotline calls alleging fraud by a medicaid recipient to the16
	1293	+	department of health care policy and financing, and
	1294	+	all calls alleging17
	1295	+	fraud by a medicaid provider or contractor to the medicaid fraud control18
	1296	+	unit of the office of the attorney general,
	1297	+	AND ALL CALLS ALLEGING FRAUD19
	1298	+	IN VIOLATION OF THE "COLORADO FALSE CLAIMS ACT", PART 12 OF20
	1299	+	ARTICLE 31 OF TITLE 24, TO THE ATTORNEY GENERAL UNLESS THE21
	1300	+	ALLEGATION RELATES TO A STATE EMPLOYEE IN THE PERFORMANCE OF22
	1301	+	THE EMPLOYEE'S DUTIES.23
	1302	+	SECTION 5. Appropriation. For the 2022-23 state fiscal year,24
	1303	+	$13,568 is appropriated to the legislative department for use by the office25
	1304	+	of the state auditor. This appropriation is from the general fund. The26
	1305	+	office may use this appropriation to implement this act.27
	1306	+	1119
	1307	+	-37- SECTION 6. Act subject to petition - effective date. This act1
	1308	+	takes effect at 12:01 a.m. on the day following the expiration of the2
	1309	+	ninety-day period after final adjournment of the general assembly; except3
	1310	+	that, if a referendum petition is filed pursuant to section 1 (3) of article V4
	1311	+	of the state constitution against this act or an item, section, or part of this5
	1312	+	act within such period, then the act, item, section, or part will not take6
	1313	+	effect unless approved by the people at the general election to be held in7
	1314	+	November 2022 and, in such case, will take effect on the date of the8
	1315	+	official declaration of the vote thereon by the governor.9
	1316	+	1119
	1317	+	-38-