California 2011-2012 Regular Session Status: Enacted

AB 2492 — The False Claims Act.

Last action — Chaptered by Secretary of State - Chapter 647, Statutes of 2012.

  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 24, 2012. 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 7 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

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 for a civil penalty, as specified. Existing law authorizes a person to bring a civil action for damages resulting from fraudulent claims against the state or a political subdivision, and to share in the recovery. Existing law prohibits employers from engaging in certain acts that prevent employees from disclosing information to the government or law enforcement agency or from acting in furtherance of a false claims action. Existing law requires that a civil action for a false claim be filed within a specified time period. This bill would define the term obligation for purposes of these provisions and expand the definition of a claim. The bill would increase the civil penalty for each violation, as specified. The bill would authorize a court to award a person who planned and initiated a violation, as specified, a share of the proceeds of the action, as specified. The bill would provide specified relief to any employee, contractor, or agent that is, among other things, discharged, demoted, suspended, or in any other manner discriminated against in the terms and conditions of his or her employment because of certain acts done by the employee, contractor, or agent in furtherance of these provisions or to stop one or more violations, as specified. The bill would modify the statute of limitations of certain civil actions, as specified.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 647, Statutes of 2012.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 3:05 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 49. Noes 27. Page 5958.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 15 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 24. Noes 12. Page 4476.).

  7. Read second time. Ordered to third reading.

  8. From committee: Do pass. (Ayes 5. Noes 2.) (July 2).

  9. Read second time and amended. Re-referred to Com. on APPR.

  10. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 4. Noes 0.) (June 12).

  11. Referred to Com. on JUD.

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

  13. Read third time. Passed. Ordered to the Senate. (Ayes 46. Noes 26. Page 4669.)

  14. Read second time. Ordered to third reading.

  15. From committee: Do pass. (Ayes 12. Noes 4.) (April 25).

  16. Re-referred to Com. on APPR.

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

  18. From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 3.) (April 10). Re-referred to Com. on APPR.

  19. Referred to Com. on JUD.

  20. Read first time.

  21. From printer. May be heard in committee March 27.

  22. Introduced. To print.

Sponsors

  • Blumenfield · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 6 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

Passed 49 Yea · 27 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 482504
Democratic 1000
Republican 0200
Total 492704
% of votes cast 61%34%0%5%
How each member voted (80)
Member Party Vote
Gordon — Yea
Yamada — Yea
Campos — Yea
Carter — Yea
Cedillo — Yea
Feuer — Yea
Fong — Yea
Furutani — Yea
Allen — Yea
Gatto — Yea
Gorell — Nay
Hall — Yea
Chesbro — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Hayashi — Yea
Huber — Yea
Cook — Nay
Hueso — Yea
Bonilla — Yea
Atkins — Yea
Ammiano — Yea
Fletcher — Not Voting
Garrick — Nay
Hagman — Nay
Butler — Not Voting
Halderman — Nay
Jeffries — Nay
Conway — Nay
Donnelly — Nay
Knight — Nay
Miller — Nay
Morrell — Nay
Nielsen — Nay
Silva — Nay
Smyth — Nay
Valadao — Nay
Beall — Yea
Block — Yea
Mendoza — Yea
Monning — Yea
Olsen — Nay
Pan — Yea
Perea — Yea
Skinner — Yea
Swanson — Yea
Wagner — Nay
Williams — Yea
Achadjian — Nay
Alejo — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Nay
Hill — Yea
Huffman — Yea
Lara — Not Voting
Logue — Nay
Ma — Yea
Mansoor — Nay
Nestande — Nay
Norby — Nay
Solorio — Yea
Torres — Yea
Wieckowski — Yea
Eng — Yea
Davis — Yea
Dickinson — Yea
Fuentes — Yea
Galgiani — Not Voting
Beth Gaines — Nay
Bill Berryhill — Nay
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Passed 24 Yea · 12 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 231103
Democratic 1001
Republican 0100
Total 241204
% of votes cast 60%30%0%10%
How each member voted (40)
Member Party Vote
Hancock — Not Voting
Yee — Yea
Evans — Yea
Cannella — Nay
Lowenthal — Yea
De León — Yea
Harman — Yea
Negrete McLeod — Yea
Rubio — Yea
Hernandez — Yea
Corbett — Yea
Huff — Nay
Kehoe — Yea
Runner — Nay
Alquist — Yea
Blakeslee — Nay
Dutton — Nay
Lieu — Yea
Price — Yea
Simitian — Yea
Steinberg — Yea
Vargas — Yea
Walters — Nay
Wolk — Yea
Wright — Yea
Anderson — Not Voting
Leno — Yea
Liu — Not Voting
Pavley — Yea
Wyland — Nay
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Fuller — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
La Malfa — Nay
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Not Voting
Strickland, Tony Republican Nay

Official roll call →

Do pass.

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5200
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Dutton — Nay
Steinberg — Yea
Walters — Nay
Alquist — Yea
Kehoe — Yea
Lieu — Yea
Price — Yea

Official roll call →

Passed 46 Yea · 26 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 452408
Republican 0200
Democratic 1000
Total 462608
% of votes cast 58%33%0%10%
How each member voted (80)
Member Party Vote
Gordon — Yea
Hall — Not Voting
Yamada — Yea
Eng — Yea
Butler — Yea
Campos — Yea
Feuer — Yea
Gatto — Yea
Fong — Yea
Hayashi — Yea
Allen — Yea
Hill — Yea
Hueso — Yea
Huffman — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Lara — Yea
Mendoza — Yea
Carter — Yea
Monning — Yea
Atkins — Yea
Olsen — Nay
Cedillo — Yea
Alejo — Yea
Ammiano — Yea
Beall — Yea
Chesbro — Yea
Cook — Nay
Pan — Yea
Perea — Yea
Skinner — Yea
Solorio — Yea
Torres — Yea
Fletcher — Not Voting
Bonilla — Not Voting
Furutani — Not Voting
Galgiani — Not Voting
Gorell — Nay
Hagman — Nay
Halderman — Nay
Donnelly — Nay
Harkey — Nay
Jeffries — Nay
Knight — Nay
Miller — Nay
Nestande — Nay
Nielsen — Nay
Silva — Nay
Smyth — Not Voting
Valadao — Nay
Williams — Not Voting
Achadjian — Nay
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Huber — Yea
Logue — Nay
Ma — Yea
Mansoor — Nay
Morrell — Nay
Norby — Nay
Swanson — Yea
Wagner — Nay
Wieckowski — Yea
Conway — Nay
Davis — Yea
Dickinson — Yea
Fuentes — Yea
Garrick — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
Bonnie Lowenthal — Yea
Roger Hernández — Not Voting
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Do pass.

Passed 12 Yea · 4 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 11401
Democratic 1000
Total 12401
% of votes cast 71%24%0%6%
How each member voted (17)
Member Party Vote
Campos — Yea
Fuentes — Yea
Gatto — Yea
Hall — Yea
Harkey — Not Voting
Hill — Yea
Lara — Yea
Mitchell — Yea
Davis — Yea
Donnelly — Nay
Norby — Nay
Solorio — Yea
Blumenfield — Yea
Bradford — Yea
Nielsen — Nay
Wagner — Nay
Calderon, Lisa Democratic Yea

Official roll call →

Subjects

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Frequently asked questions

What does AB 2492 do?
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 for a civil penalty, as specified. Existing law authorizes a person to bring a civil action for damages resulting from fraudulent claims against the state or a political subdivision, and to share in the recovery. Existing law prohibits employers from engaging in certain acts that prevent employees from disclosing information to the government or law enforcement agency or from acting in furtherance of a false claims action. Existing law requires that a civil action for a false claim be filed within a specified time period. This bill would define the term obligation for purposes of these provisions and expand the definition of a claim. The bill would increase the civil penalty for each violation, as specified. The bill would authorize a court to award a person who planned and initiated a violation, as specified, a share of the proceeds of the action, as specified. The bill would provide specified relief to any employee, contractor, or agent that is, among other things, discharged, demoted, suspended, or in any other manner discriminated against in the terms and conditions of his or her employment because of certain acts done by the employee, contractor, or agent in furtherance of these provisions or to stop one or more violations, as specified. The bill would modify the statute of limitations of certain civil actions, as specified.
Who sponsors AB 2492?
AB 2492 is sponsored by Blumenfield.
What is the current status of AB 2492?
This bill has been enacted into law. Introduced February 24, 2012. Enacted.
Where can I track AB 2492?
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