Louisiana 2016 Regular Session

Louisiana Senate Bill SB352

Introduced
3/4/16  
Introduced
3/4/16  
Refer
3/4/16  
Refer
3/4/16  
Refer
3/14/16  

Caption

Provides for the Louisiana False Claims Act. (8/1/16) (OR SEE FISC NOTE SD EX See Note)

Impact

The bill's provisions significantly alter the landscape of accountability regarding public funds by formalizing mechanisms for reporting and acting against fraudulent claims. It enhances the state's ability to recover losses and imposes civil fines for violations of the law. The inclusion of qui tam provisions allows private citizens to play an active role in combating fraud, potentially leading to more robust enforcement of laws governing public contracts and expenditures.

Summary

Senate Bill 352 aims to enact the Louisiana False Claims Act, which is designed to combat and prevent fraud against the state government. The legislation empowers the Attorney General to pursue civil monetary penalties and recover damages from individuals or entities that engage in fraudulent activities against state-funded projects or programs. It establishes a legal framework for qui tam actions by private individuals, allowing them to initiate lawsuits on behalf of the state to recover funds lost to fraudulent claims.

Sentiment

The sentiment surrounding SB 352 is largely positive among advocates for public accountability, viewing it as a necessary step to protect state resources from fraud. However, there are concerns among some quarters about potential misuse of the qui tam provisions, with fears that they may lead to frivolous lawsuits or harassment of legitimate contractors. The bill reflects a firm stance against fraudulent activities while aiming to uphold the integrity of state funds.

Contention

Key points of contention within the discourse around SB 352 involve the balance between empowering whistleblowers and safeguarding against malicious claims. Critics argue that without sufficient safeguards, the provisions could encourage opportunistic lawsuits against honest contractors. Furthermore, questions arise about the implementation of the law and the resources necessary for the Attorney General's office to effectively enforce the new provisions.

Companion Bills

No companion bills found.

Previously Filed As

LA SB327

Provides for Louisiana False Claims Act. (8/1/16) (EG SEE FISC NOTE SD EX See Note)

LA SB251

Creates the Louisiana Insurance Fraud Prevention Act. (8/1/12) (EG INCREASE SD EX See Note)

LA SB94

Enacts Louisiana Uniform Adult Guardianship Protective Proceedings Jurisdiction Act. (8/1/16) (EN SEE FISC NOTE GF EX See Note)

LA SB230

Provides relative to the Health Education Authority of Louisiana (HEAL). (8/1/16) (EGF SEE FISC NOTE GF EX See Note)

LA SB374

Provides relative to the Louisiana Public Defender Fund. (8/1/16) (OR SEE FISC NOTE SD EX)

LA SB161

Provides relative to Louisiana Economic Development. (8/1/25) (EN SEE FISC NOTE SD EX See Note)

LA SB765

Creates the Sledge Jeansonne Louisiana Insurance Fraud Prevention Act. (8/1/12) (EN INCREASE SD EX See Note)

LA SB98

Provides relative to the Louisiana Commission for the Deaf. (See Act) (EN SEE FISC NOTE SD EX See Note)

LA SB353

Provides for the Louisiana Expectant and Parenting Students Act. (8/1/16) (EN NO IMPACT See Note)

LA SB739

Provides relative to the Louisiana Carbon Capture and Enhanced Oil Recovery Act. (8/15/10) (RE SEE FISC NOTE SD RV See Note)

Similar Bills

LA SB327

Provides for Louisiana False Claims Act. (8/1/16) (EG SEE FISC NOTE SD EX See Note)

LA HB987

Authorizes a qui tam action for persons who disclose certain cases of fraud

LA HB97

Authorizes a qui tam action for persons who disclose certain cases of fraud

LA SB531

Creates the Oil Spill Relief Integrity Act authorizing actions and qui tam actions for certain matters. (8/15/10)

LA HB560

Provides relative to the Medical Assistance Programs Integrity Act (EN SEE FISC NOTE GF RV)

LA SB391

Provides relative to the Medical Assistance Programs Integrity Law. (8/1/20)

LA HB382

Provides relative to the Medical Assistance Program Integrity Law (EN FF RV See Note)

CA SB799

False claims: taxation.