California 2009-2010 Regular Session Status: Enacted

AB 1196 — The False Claims Act.

Last action — Chaptered by Secretary of State - Chapter 277, Statutes of 2009.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 27, 2009. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 6 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law, the False Claims Act, provides that a person who commits any one of several enumerated acts relating to the submission to the state or a political subdivision of the state a false claim for money, property, or services, as specified, shall be liable to the state or political subdivision for certain damages and may be liable for a civil penalty. Existing law requires the Attorney General and a prosecuting authority of a political subdivision of the state to diligently investigate specific violations of the act. Existing law also authorizes the Attorney General or the prosecuting authority of a political subdivision of the state to intervene in an action filed by a qui tam plaintiff under these provisions. Existing law authorizes a court to award a defendant its reasonable attorney's fees and expenses under certain circumstances that include when the court finds the claim was brought solely for purposes of harassment. This bill would define terms for purposes of these provisions, expand the definition of a claim, and require the imposition of a civil penalty on a person found liable for a violation. This bill would exclude from these provisions specified claims to the Commissioner of Insurance. This bill would require the written consent of the Attorney General or prosecuting authority of a political subdivision, or both, as appropriate under the allegations of the civil action, to dismiss an action filed by a qui tam plaintiff, and would prohibit the waiver or release of specified claims except as part of a settlement of a civil action filed under these provisions. The bill would also modify the statute of limitations to commence on the date of discovery by the Attorney General or prosecuting authority of a political subdivision. This bill would modify when a court is authorized to award a defendant reasonable attorney's fees and expenses to when the court finds the claim was brought primarily, rather than solely, for purposes of harassment. This bill would state that the Attorney General or prosecuting authority of a political subdivision has a duty to investigate specific violations of the act.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 277, Statutes of 2009.

  2. Approved by the Governor.

  3. Enrolled and to the Governor at 5 p.m.

  4. Senate amendments concurred in. To enrollment. (Ayes 53. Noes 24. Page 3266.)

  5. In Assembly. Concurrence in Senate amendments pending.

  6. Read third time, passed, and to Assembly. (Ayes 28. Noes 12. Page 2294.)

  7. Read second time. To third reading.

  8. Read third time, amended. To second reading.

  9. Read second time. To third reading.

  10. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

  11. Read second time, amended, and re-referred to Com. on APPR.

  12. From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 3. Noes 2.) (July 14).

  13. In committee: Hearing postponed by committee.

  14. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.

  15. In committee: Set, first hearing. Hearing canceled at the request of author.

  16. Referred to Com. on JUD.

  17. In Senate. Read first time. To Com. on RLS. for assignment.

  18. Read third time, passed, and to Senate. (Ayes 53. Noes 23. Page 1870.)

  19. Read third time, amended, and returned to third reading. (Page 1759.).

  20. Read second time. To third reading.

  21. From committee: Do pass. (Ayes 12. Noes 4.) (May 6).

  22. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 8. Noes 0.) (April 21).

  23. Re-referred to Com. on JUD.

  24. From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.

  25. In committee: Hearing postponed by committee.

  26. Referred to Com. on JUD.

  27. Read first time.

  28. From printer. May be heard in committee March 30.

  29. Introduced. To print.

Sponsors

  • Blumenfield · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 4 voted No

Sponsors (1)

  • Blumenfield

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 1196 BLUMENFIELD Concurrence in Senate Amendments

Passed 63 Yea · 26 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 592403
Democratic 3000
Republican 1200
Total 632603
% of votes cast 68%28%0%3%
How each member voted (92)
Member Party Vote
Carter — Yea
Chesbro — Yea
Bill — Yea
Evans — Yea
Feuer — Yea
Furutani — Yea
Charles — Yea
Galgiani — Yea
Hall — Yea
Hayashi — Yea
Hernandez — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Block — Yea
Coto — Yea
Davis — Yea
Hill — Yea
Huffman — Yea
Krekorian — Yea
Lieu — Yea
Mendoza — Yea
Monning — Yea
Nava — Yea
Ruskin — Yea
Skinner — Yea
Conway — Nay
Tom — Nay
Fletcher — Nay
Audra — Nay
Cook — Nay
Gilmore — Nay
Hagman — Nay
Harkey — Nay
Bass — Yea
Blakeslee — Nay
Duvall — Not Voting
Jeffries — Nay
Knight — Not Voting
Miller — Nay
Nestande — Nay
Silva — Nay
Smyth — Nay
Solorio — Yea
Torlakson — Yea
Torres — Yea
Tran — Yea
Villines — Nay
Adams — Nay
Ammiano — Yea
Anderson — Nay
Beall — Yea
Blumenfield — Yea
Bradford — Not Voting
Brownley — Yea
Buchanan — Yea
Huber — Yea
Logue — Nay
Ma — Yea
Nielsen — Yea
Swanson — Yea
Torrico — Yea
Emmerson — Nay
Eng — Yea
DeVore — Nay
Yamada — Yea
Fuentes — Yea
Fuller — Nay
Garrick — Nay
Beth Gaines — Nay
Bill Berryhill — Yea
Bill Berryhill — Nay
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Nay

Official roll call →

Assembly 3rd Reading AB1196 Blumenfield By Corbett

Passed 29 Yea · 12 Nay
Party YeaNayPresentNot Voting
Unaffiliated 271100
Democratic 2000
Republican 0100
Total 291200
% of votes cast 71%29%0%0%
How each member voted (41)
Member Party Vote
Yee — Yea
Cedillo — Yea
Hancock — Yea
Wyland — Yea
Lowenthal — Yea
Negrete — Yea
Cogdill — Nay
Harman — Yea
Hollingsworth — Nay
Huff — Nay
Runner — Nay
Ducheny — Yea
Leno — Yea
Liu — Yea
McLeod — Yea
Oropeza — Yea
Pavley — Yea
Price — Yea
Ashburn — Nay
Benoit — Nay
Dutton — Nay
Romero — Yea
Walters — Nay
Wiggins — Yea
Wolk — Yea
Aanestad — Nay
Alquist — Yea
Kehoe — Yea
Maldonado — Yea
Simitian — Yea
Steinberg — Yea
Wright — Yea
Corbett — Yea
Correa — Yea
Cox — Nay
DeSaulnier — Yea
Denham — Nay
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

AB 1196 BLUMENFIELD Assembly Third Reading

Passed 63 Yea · 25 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 592304
Democratic 3000
Republican 1200
Total 632504
% of votes cast 68%27%0%4%
How each member voted (92)
Member Party Vote
Hagman — Nay
Carter — Yea
Chesbro — Yea
Bill — Yea
Evans — Yea
Fuentes — Yea
Charles — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fong — Yea
Beall — Yea
Coto — Yea
Davis — Yea
Yamada — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Conway — Nay
Cook — Not Voting
DeVore — Nay
Tom — Nay
Fuller — Nay
Furutani — Yea
Garrick — Nay
Gilmore — Nay
Fletcher — Nay
Audra — Nay
Hall — Yea
Harkey — Nay
Duvall — Nay
Anderson — Nay
Bass — Yea
Blakeslee — Nay
Hayashi — Yea
Hernandez — Yea
Huber — Yea
Jeffries — Nay
Knight — Nay
Lieu — Yea
Logue — Nay
Mendoza — Yea
Miller — Nay
Nava — Yea
Nestande — Not Voting
Price — Yea
Ruskin — Yea
Silva — Nay
Smyth — Yea
Solorio — Yea
Swanson — Yea
Torlakson — Yea
Torrico — Yea
Tran — Yea
Adams — Nay
Ammiano — Yea
Block — Not Voting
Blumenfield — Yea
Brownley — Not Voting
Buchanan — Yea
Hill — Yea
Huffman — Yea
Krekorian — Yea
Ma — Yea
Monning — Yea
Nielsen — Yea
Skinner — Yea
Torres — Yea
Villines — Nay
Emmerson — Nay
Eng — Yea
Feuer — Yea
Galgiani — Yea
Beth Gaines — Nay
Bill Berryhill — Yea
Bill Berryhill — Nay
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Nay

Official roll call →

Do pass.

Passed 16 Yea · 5 Nay
Party YeaNayPresentNot Voting
Unaffiliated 15400
Democratic 1000
Republican 0100
Total 16500
% of votes cast 76%24%0%0%
How each member voted (21)
Member Party Vote
Charles — Yea
De — Yea
Leon — Yea
John — Yea
A. — Yea
Perez — Yea
Audra — Nay
Fuentes — Yea
Hall — Yea
Harkey — Nay
Duvall — Nay
Miller — Nay
Nielsen — Yea
Skinner — Yea
Solorio — Yea
Torlakson — Yea
Ammiano — Yea
Price — Yea
Davis — Yea
Calderon, Lisa Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Subjects

public-safety finance civil-rights
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Frequently asked questions

What does AB 1196 do?
Existing law, the False Claims Act, provides that a person who commits any one of several enumerated acts relating to the submission to the state or a political subdivision of the state a false claim for money, property, or services, as specified, shall be liable to the state or political subdivision for certain damages and may be liable for a civil penalty. Existing law requires the Attorney General and a prosecuting authority of a political subdivision of the state to diligently investigate specific violations of the act. Existing law also authorizes the Attorney General or the prosecuting authority of a political subdivision of the state to intervene in an action filed by a qui tam plaintiff under these provisions. Existing law authorizes a court to award a defendant its reasonable attorney's fees and expenses under certain circumstances that include when the court finds the claim was brought solely for purposes of harassment. This bill would define terms for purposes of these provisions, expand the definition of a claim, and require the imposition of a civil penalty on a person found liable for a violation. This bill would exclude from these provisions specified claims to the Commissioner of Insurance. This bill would require the written consent of the Attorney General or prosecuting authority of a political subdivision, or both, as appropriate under the allegations of the civil action, to dismiss an action filed by a qui tam plaintiff, and would prohibit the waiver or release of specified claims except as part of a settlement of a civil action filed under these provisions. The bill would also modify the statute of limitations to commence on the date of discovery by the Attorney General or prosecuting authority of a political subdivision. This bill would modify when a court is authorized to award a defendant reasonable attorney's fees and expenses to when the court finds the claim was brought primarily, rather than solely, for purposes of harassment. This bill would state that the Attorney General or prosecuting authority of a political subdivision has a duty to investigate specific violations of the act.
Who sponsors AB 1196?
AB 1196 is sponsored by Blumenfield.
What is the current status of AB 1196?
This bill has been enacted into law. Introduced February 27, 2009. Enacted.
Where can I track AB 1196?
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