[Third Reprint]

ASSEMBLY, No. 3304

STATE OF NEW JERSEY

214th LEGISLATURE

 

INTRODUCED OCTOBER 7, 2010

 


 

Sponsored by:

Assemblyman  HERB CONAWAY, JR.

District 7 (Burlington and Camden)

Assemblyman  UPENDRA J. CHIVUKULA

District 17 (Middlesex and Somerset)

 

Co-Sponsored by:

Assemblyman Gusciora

 

 

 

 

SYNOPSIS

     Clarifies the effective date of the “New Jersey False Claims Act.”

 

CURRENT VERSION OF TEXT

     As amended by the General Assembly on December 15, 2011.

  


An Act concerning false claims and amending P.L.2007, c.265.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    Section 11 of P.L.2007, c.265 (C.2A:32C-11) is amended to read as follows:

     11.  a. A civil action under [this act] P.L.2007, c.265 (C.2A:32C-1 et seq.) may not be brought:

     [a.] (1) More than six years after the date on which the violation of the act is committed; or

   [b.] (2)       More than three years after the date when facts material to the right of action are known or reasonably should have been known by the State official charged with responsibility to act in the circumstances, but in no event more than 10 years after the date on which the violation is committed, whichever occurs last.

     b.    P.L.2007, c.265 (C.2A:32C-1 et seq.) shall apply 3[ to all 1[claims that accrued] acts committed1 before March 13, 2008 1[as long as] provided that:

     (1)1 the civil action filed pursuant to the “New Jersey False Claims Act,” P.L. 2007, c.265 (C.2A:32C-1 et seq.) is brought within the applicable statute of limitations set out in subsection a. of this section1; and

     (2) the act that is the basis of the claim was not previously the subject of an action 2involving the “New Jersey Medical Assistance and Health Services Act,” P.L.1968, c.413 (C.30:4D-1 et seq.)2 filed by the same claimant under the “New Jersey False Claims Act,” P.L. 2007, c.265 (C.2A:32C-1 et seq.) or the federal False Claims Act, 31 U.S.C. sec. 3729 et seq. prior to the enactment of P.L.    , c.      (C.        ) (pending before the Legislature as this bill)1], subject to the limitations set forth in subsection a. of this section, to any act which occurred prior to, on, or subsequent to the effective date of the “New Jersey False Claims Act,” P.L.2007, c.265 (C.2A:32C-1 et seq.), except that P.L.2007, c.265 (C.2A:32C-1 et seq.) shall not apply to any act in violation of the “New Jersey Medical Assistance and Health Services Act,” P.L.1968, c.413 (C.30:4D-1 et seq.) which occurred prior to the effective date of the “New Jersey False Claims Act,” P.L.2007, c.265 (C.2A:32C-1 et seq.) and as to which a complaint had not been filed prior to the effective date of P.L.      , c.     (C.       ) (pending before the Legislature as this bill)3  .                   

(cf: P.L.2007, c.265, s.11)

     2.    This act shall take effect immediately.