12650
. (a) This article shall be known and may be cited as the
False Claims Act.
(b) For purposes of this article:
(1) "Claim" means any request or demand, whether under a contract
or otherwise, for money, property, or services, and whether or not
the state or a political subdivision has title to the money,
property, or services that meets either of the following conditions:
(A) Is presented to an officer, employee, or agent of the state or
of a political subdivision.
(B) Is made to a contractor, grantee, or other recipient, if the
money, property, or service is to be spent or used on a state or any
political subdivision's behalf or to advance a state or political
subdivision's program or interest, and if the state or political
subdivision meets either of the following conditions:
(i) Provides or has provided any portion of the money, property,
or service requested or demanded.
(ii) Reimburses the contractor, grantee, or other recipient for
any portion of the money, property, or service that is requested or
demanded.
(2) "Claim" does not include requests or demands for money,
property, or services that the state or a political subdivision has
paid to an individual as compensation for employment with the state
or political subdivision or as an income subsidy with no restrictions
on that individual's use of the money, property, or services.
(3) "Knowing" and "knowingly" mean that a person, with respect to
information, does any of the following:
(A) Has actual knowledge of the information.
(B) Acts in deliberate ignorance of the truth or falsity of the
information.
(C) Acts in reckless disregard of the truth or falsity of the
information.
Proof of specific intent to defraud is not required.
(4) "Material" means having a natural tendency to influence, or be
capable of influencing, the payment or receipt of money, property,
or services.
(5) "Obligation" means an established duty, whether or not fixed,
arising from an express or implied contractual, grantor-grantee, or
licensor-licensee relationship, from a fee-based or similar
relationship, from statute or regulation, or from the retention of
any overpayment.
(6) "Political subdivision" includes any city, city and county,
county, tax or assessment district, or other legally authorized local
governmental entity with jurisdictional boundaries.
(7) "Political subdivision funds" means funds that are the subject
of a claim.
(8) "Prosecuting authority" refers to the county counsel, city
attorney, or other local government official charged with
investigating, filing, and conducting civil legal proceedings on
behalf of, or in the name of, a particular political subdivision.
(9) "Person" includes any natural person, corporation, firm,
association, organization, partnership, limited liability company,
business, or trust.
(10) "State funds" mean funds that are the subject of a claim.