Legislature(2001 - 2002)
2001-02-23 House Journal
Full Journal pdf2001-02-23 House Journal Page 0416 HB 145 HOUSE BILL NO. 145 by the House Rules Committee by request of the Governor, entitled: "An Act making a civil remedy available to the state or a municipality against persons who make false claims for, or certain misrepresentations regarding, state or municipal money or other property; and providing for an effective date." was read the first time and referred to the Community & Regional Affairs and Judiciary Committees. The following fiscal note(s) apply: 1. Zero, Dept. of Law The Governor's transmittal letter dated February 22, 2001, appears below: "Dear Speaker Porter: 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 2001-02-23 House Journal Page 0417 property against the state or a municipality. The public needs some way of ensuring that persons who make demands on the public treasury by seeking 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 clear consequences for unlawful conduct. This bill would allow for a civil penalty of up to three times the amount suffered as well as court costs and attorney 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, or to permanent fund dividend applications. These programs have specific authority elsewhere in statute providing for the prosecution of false claims. The bill requires the attorney general to investigate misrepresentations and false claims against the state and requires the prosecuting authority for a municipality to investigate misrepresentations and false claims against the municipality. It 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 and fraudulent claims. Sincerely, /s/ Tony Knowles Governor"