2000-02-28                     Senate Journal                      Page 2446
SB 284                                                                       
SENATE BILL NO. 284 BY THE SENATE RULES COMMITTEE                              
BY REQUEST OF THE GOVERNOR, entitled:                                          
                                                                               
An Act relating to misrepresentation and false                                
claims made against the state or a municipality; and                           
providing for an effective date.                                               
                                                                               
was read the first time and referred to the Community and Regional             
Affairs and Judiciary Committees.                                              
                                                                               
Indeterminate fiscal note published today from Department of Law.              
Zero fiscal note published today from Department of Administration.            
                                                                               
Governors transmittal letter dated February 25:                                
                                                                               
                                                                               

2000-02-28                     Senate Journal                      Page 2447
SB 284                                                                       
Dear President Pearce:                                                         
                                                                               
This bill I transmit today would fill a gap in our statutory law by            
providing general authority for the civil prosecution of a person who          
makes a false claim for, or a misrepresentation regarding, money or            
property against the state or a municipality. The public needs some            
way of ensuring that persons who seek to recover money or property             
from the state or a municipality are doing so in good faith. The most          
effective means of doing this is to provide for clear consequences for         
unlawful conduct. This bill would allow for a civil penalty of                 
damages up to three times the amount suffered and court costs and              
attorneys fees from persons who make a misrepresentation or false              
claim against the state or a municipality.                                     
                                                                               
The bill would provide incentives to cooperate in the prosecution of           
a misrepresentation or false claim. Also, the bill would apply only            
to matters involving at least $500 and would not apply to                      
unemployment, workers' compensation, state tax, public assistance,             
or temporary assistance claims. These programs have specific                   
authority elsewhere in statute providing for the prosecution of false          
claims. The bill also provides procedures for circumstances in which           
both state and municipal money or property are involved and sets a             
limitation period of 10 years after which suits for misrepresentations         
and false claims are barred.                                                   
                                                                               
Nearly all states and the federal government have false claims                 
statutes. It is time that Alaska had similar authority to protect the          
public treasury from wrongful claims.                                          
                                                                               
					Sincerely,                                                                
					/s/                                                                       
					Tony Knowles                                                              
					Governor