PRINTER'S NO. 1502
No. 1285 Session of 2001
INTRODUCED BY KENNEY, ORIE, BLAUM, TIGUE, FICHTER, STABACK, ADOLPH, BARRAR, BASTIAN, BELARDI, CAPPABIANCA, CIVERA, CLARK, CLYMER, L. I. COHEN, DALEY, EACHUS, FRANKEL, GEIST, GEORGE, GODSHALL, HALUSKA, HARHAI, HERMAN, HORSEY, LEDERER, MANN, MARSICO, NAILOR, PETRARCA, PRESTON, READSHAW, SAINATO, SHANER, B. SMITH, SOLOBAY, E. Z. TAYLOR, J. TAYLOR, THOMAS, TULLI, WALKO, WASHINGTON, J. WILLIAMS, WILT, WOJNAROSKI AND YOUNGBLOOD, APRIL 4, 2001
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 4, 2001
AN ACT 1 Prohibiting false claims; imposing duties on the Attorney 2 General and on district attorneys; and providing for 3 procedures and for penalties. 4 TABLE OF CONTENTS 5 Chapter 1. Preliminary Provisions 6 Section 101. Short title. 7 Section 102. Definitions. 8 Section 103. Construction. 9 Chapter 3. False Claims 10 Section 301. Offenses defined. 11 Section 302. False claims jurisdiction. 12 Section 303. Procedure. 13 Chapter 5. Qui Tam Actions 14 Section 501. General provisions. 15 Section 502. Commonwealth funds.
1 Section 503. Political subdivision funds. 2 Section 504. Complaints relating to Commonwealth and political 3 subdivision funds. 4 Section 505. Intervention by political subdivision. 5 Section 506. Extension of time. 6 Section 507. Other actions prohibited. 7 Section 508. Exclusions. 8 Section 509. Responsibility for prosecution. 9 Section 510. Dismissal of action. 10 Section 511. Settlement. 11 Section 512. Election not to proceed. 12 Section 513. Intervention. 13 Section 514. Proceeds. 14 Section 515. Reversion to General Fund. 15 Section 516. Expenses. 16 Chapter 7. General Provisions 17 Section 701. Rules of civil procedure. 18 Section 702. Stay of discovery. 19 Section 703. Limitations on participation. 20 Section 704. Employee protection. 21 Section 705. Limitations. 22 Section 706. Remedies. 23 Section 707. Enforcement. 24 Section 708. Civil investigative demand. 25 Section 709. Immunity. 26 Section 710. Regulations. 27 Section 711. Effective date. 28 The General Assembly of the Commonwealth of Pennsylvania 29 hereby enacts as follows: 30 CHAPTER 1 20010H1285B1502 - 2 -
1 PRELIMINARY PROVISIONS 2 Section 101. Short title. 3 This act shall be known and may be cited as the False Claims 4 Act. 5 Section 102. Definitions. 6 The following words and phrases when used in this act shall 7 have the meanings given to them in this section unless the 8 context clearly indicates otherwise: 9 "Claim." Any request or demand for money, property or 10 services made to any employee, officer or agent of the 11 Commonwealth or of any political subdivision thereof or to any 12 contractor, subcontractor, grantee or other recipient of the 13 Commonwealth or any political subdivision thereof, if any 14 portion of the money, property or services requested or demanded 15 issued from, was provided or will be reimbursed by the 16 Commonwealth, referred to as Commonwealth funds, or by any 17 political subdivision thereof, referred to as political 18 subdivision funds. 19 "False." In addition to its ordinary meaning, this term also 20 means fraudulent. 21 "Knowing" or "knowingly." A person who, with respect to 22 information, does any of the following: 23 (1) has actual knowledge of the information; 24 (2) acts in deliberate ignorance of the truth or falsity 25 of the information; or 26 (3) acts in reckless disregard of the truth or falsity 27 of the information. 28 Proof of specific intent to defraud shall not be required. 29 "Person." Any natural person, corporation, county, political 30 subdivision, firm, association, legal entity, organization, 20010H1285B1502 - 3 -
1 partnership, business or trust. 2 "Political subdivision." Any city, county, tax or assessment 3 district, municipal or government authority or other legally 4 authorized local governmental entity in this Commonwealth. 5 "Proceeds." The term includes civil penalties as well as 6 double or treble damages as provided in Chapter 3. 7 "Prosecuting authority." The Attorney General and where 8 appropriate the district attorney of any county in which the 9 political subdivision, including the county itself, lies. 10 Section 103. Construction. 11 This act shall be liberally and broadly construed to 12 effectuate its purposes. It shall be applied and interpreted to 13 promote the public interest to eliminate fraud, waste and abuse 14 through the submission of false or fraudulent claims in this 15 Commonwealth or in any of its political subdivisions. 16 CHAPTER 3 17 FALSE CLAIMS 18 Section 301. Offenses defined. 19 (a) Liability.--A person who commits any of the following 20 acts shall be liable to the Commonwealth or to the political 21 subdivision for three times the amount of damages which the 22 Commonwealth or the political subdivision sustains because of 23 the act of that person and shall also be liable to the 24 Commonwealth or to the political subdivision for the costs of an 25 action brought to recover any of those penalties or damages and 26 shall be liable to the Commonwealth or political subdivision for 27 a civil penalty of not less than $5,000 nor more than $10,000 28 for each false claim: 29 (1) Knowingly presents or causes to be presented to an 30 officer or employee of the Commonwealth or any political 20010H1285B1502 - 4 -
1 subdivision a false claim for payment or approval. 2 (2) Knowingly makes, uses or causes to be made or used a 3 false record or statement to get a false claim paid or 4 approved by the Commonwealth or by any political subdivision. 5 (3) Conspires to defraud the Commonwealth or any 6 political subdivision by getting a false claim allowed or 7 paid by the Commonwealth or by any political subdivision. 8 (4) Has possession, custody or control of public 9 property or money used or to be used by the Commonwealth or 10 by any political subdivision and knowingly delivers or causes 11 to be delivered property of lesser quality, quantity or value 12 than for which the person receives a certificate or receipt. 13 (5) Is authorized to make or deliver a document 14 certifying receipt of property used or to be used by the 15 Commonwealth or by any political subdivision and knowingly 16 makes or delivers a receipt that falsely represents the 17 quality, quantity or value of the property used or to be 18 used. 19 (6) Knowingly buys or receives as a pledge of an 20 obligation or debt public property from any person who 21 lawfully may not sell or pledge the property. 22 (7) Knowingly makes, uses or causes to be made or used a 23 false record or statement to conceal, avoid or decrease an 24 obligation to pay or transmit money or property to the 25 Commonwealth or any political subdivision. 26 (8) Unknowingly submits a false claim, is a beneficiary 27 of payment by the Commonwealth or political subdivision for 28 that claim, subsequently discovers or recklessly fails to 29 discover that the claim was false and fails to disclose that 30 the claim was false. Disclosure shall be made to the 20010H1285B1502 - 5 -
1 Commonwealth or political subdivision within a reasonable 2 time, but in no event longer than 90 days after discovery of 3 the false claim. 4 (b) Reduced assessment.--Notwithstanding subsection (a), the 5 court shall assess not less than two times nor more than three 6 times the amount of damages which the Commonwealth or the 7 political subdivision sustains because of the act of the person 8 described in subsection (a)(1), and no civil penalty, if the 9 person can demonstrate that: 10 (1) the person committing the violation furnished the 11 prosecuting authority with all information known to that 12 person about the violation within 60 days after the date on 13 which the person first obtained the information; 14 (2) the person fully cooperated with any investigation 15 by the prosecuting authority of the violation; and 16 (3) (i) at the time the person furnished the appropriate 17 prosecuting authority with all information about the 18 violation, no criminal prosecution, civil action or 19 administrative action had commenced with respect to the 20 violation and the person did not have knowledge or notice 21 of the existence of an investigation into the violation; 22 or 23 (ii) the person had an effective program that could 24 reasonably be expected to prevent and detect violations 25 of law, even if the program did not detect the instant 26 offense. 27 (c) Joint and several liability.--Liability under this 28 section shall be joint and several for any act committed by two 29 or more persons. 30 (d) Limitation.-- 20010H1285B1502 - 6 -
1 (1) This section does not apply to any controversy 2 involving an aggregate amount of less than $2,500 in value or 3 where the claim was filed by the individual recipient of 4 benefits or compensation conferred under the act of June 2, 5 1915 (P.L.736, No.338), known as the Workers' Compensation 6 Act, or the act of December 5, 1936 (2nd Sp.Sess., 1937 7 P.L.2897, No.1), known as the Unemployment Compensation Law, 8 or the act of June 13, 1967 (P.L.31, No.21), known as the 9 Public Welfare Code. 10 (2) As used in this subsection, the term "controversy" 11 means any one or more false claims submitted or caused to be 12 submitted by either a person or persons who act pursuant to a 13 common plan, scheme or design in violation of this act. 14 Section 302. False claims jurisdiction. 15 (a) General rule.--If any defendant can be found, resides or 16 transacts business in this Commonwealth or if an act proscribed 17 by this act occurred within this Commonwealth, an action under 18 this act: 19 (1) involving Commonwealth funds or both Commonwealth 20 and political subdivision funds shall be brought in the 21 Commonwealth Court; or 22 (2) involving exclusively political subdivision funds 23 shall be brought in the Commonwealth Court. 24 (b) Election by prosecuting authority.--When an action is 25 filed by a qui tam plaintiff pursuant to section 501 and the 26 prosecuting authority proceeds with the action pursuant to 27 section 502, 503, 504 or 505, or intervenes in the action 28 pursuant to section 513, the prosecuting authority shall proceed 29 in the Commonwealth Court. 30 Section 303. Procedure. 20010H1285B1502 - 7 -
1 (a) Commonwealth prosecution.-- 2 (1) The Attorney General shall diligently investigate 3 violations under section 301 involving Commonwealth funds. If 4 the Attorney General finds that a person has violated or is 5 violating section 301, the Attorney General may bring an 6 action under this act against that person. 7 (2) If the Attorney General brings an action under this 8 act on a claim involving political subdivision funds as well 9 as Commonwealth funds, the Attorney General shall, on the 10 same date that the complaint is filed in this action, serve 11 by mail, return receipt requested, a copy of the complaint on 12 the appropriate district attorney. 13 (3) The district attorney shall have the right to 14 intervene in an action brought by the Attorney General under 15 this act within 90 days after receipt of the complaint 16 pursuant to paragraph (2). 17 (b) Political subdivision prosecution.-- 18 (1) The district attorney shall diligently investigate 19 violations under section 301 involving political subdivision 20 funds. If the district attorney finds that a person has 21 violated or is violating section 301, he may bring an action 22 under this act against that person. 23 (2) The district attorney may refer a matter involving 24 political subdivision funds to the Attorney General at any 25 time. The Attorney General may decline or accept the 26 referral. 27 (3) If the district attorney brings an action on a claim 28 involving Commonwealth funds as well as political subdivision 29 funds, the district attorney shall, on the same date that the 30 complaint is filed in this action, serve by mail, return 20010H1285B1502 - 8 -
1 receipt requested, a copy of the complaint on the Attorney 2 General. 3 (4) Within 90 days after receiving the complaint 4 pursuant to paragraph (2), the Attorney General shall do one 5 of the following: 6 (i) Notify the court that the Attorney General 7 intends to proceed with the action, in which case the 8 Attorney General shall assume primary responsibility for 9 conducting the action and the district attorney shall 10 have the right to continue as a party. 11 (ii) Notify the court that the Attorney General 12 declines to prosecute the action, in which case the 13 district attorney shall have the right to conduct the 14 action on its own. 15 (iii) Proceed jointly with the district attorney, 16 assuming coequal responsibility for prosecution of the 17 action. 18 CHAPTER 5 19 QUI TAM ACTIONS 20 Section 501. General provisions. 21 (a) When action may be brought.--A person may bring a qui 22 tam action for a violation of this act for the person and either 23 for the Commonwealth in the name of the Commonwealth if any 24 Commonwealth funds are involved or for a political subdivision 25 in the name of the political subdivision if political 26 subdivision funds are exclusively involved. A qui tam action may 27 be brought alleging fraud involving both Commonwealth and 28 political subdivision funds. The person bringing the qui tam 29 action shall be referred to as the qui tam plaintiff. Once 30 filed, the qui tam action may be dismissed only by the written 20010H1285B1502 - 9 -
1 consent of the court and the prosecuting authority after a 2 hearing, taking into account the best interests of the parties 3 involved and the public purposes of this act. 4 (b) Filing.--A complaint filed by a qui tam plaintiff under 5 this act shall be filed ex parte under seal with the Clerk of 6 the Commonwealth Court or ex parte under seal in the appropriate 7 Federal district court if Federal funds are also involved, and 8 the complaint and all related pleadings shall remain under seal 9 for 90 days from the date of service. No service shall be made 10 on the defendant until after the complaint is unsealed by order 11 of the court. 12 (c) Service.-- 13 (1) Within three days of the complaint being filed 14 pursuant to subsection (b), the qui tam plaintiff shall serve 15 by mail, return receipt requested, the Attorney General and 16 the General Counsel with a copy of the complaint and a 17 written disclosure of substantially all material evidence and 18 information the qui tam plaintiff possesses at that time. 19 (2) Where the complaint involves both Commonwealth and 20 political subdivision funds, or exclusively political 21 subdivision funds, the prosecuting authority shall serve a 22 copy of the complaint, return receipt requested, to counsel 23 for the political subdivision. 24 Section 502. Commonwealth funds. 25 Within 90 days after receiving a complaint alleging 26 violations which involve Commonwealth funds, but not political 27 subdivision funds, the Attorney General shall do either of the 28 following: 29 (1) Notify the court that it intends to proceed with the 30 action and petition the court to have the case unsealed. The 20010H1285B1502 - 10 -
1 court may grant the Attorney General's request to lift the 2 seal. The court may, upon motion by the Attorney General, 3 order a partial unsealing where appropriate. 4 (2) Notify the court that it declines to prosecute the 5 action, in which case the complaint may be unsealed by the 6 court within 20 days after written notification is made by 7 the Attorney General to the qui tam plaintiff and counsel 8 that the Attorney General does not wish to intervene. Upon 9 such notification, the qui tam plaintiff shall have the right 10 to conduct the action. 11 Section 503. Political subdivision funds. 12 (a) Procedure.--Within 30 days after receiving a complaint 13 alleging violations which exclusively involve political 14 subdivision funds, the Attorney General shall promptly forward 15 the complaint and written disclosure to the appropriate district 16 attorney for review and disposition and shall notify in writing 17 the qui tam plaintiff and counsel of the transfer. 18 (b) Duty of district attorney.--Within 60 days after the 19 Attorney General forwards the complaint and written disclosure 20 under subsection (a), the district attorney shall do either of 21 the following: 22 (1) Notify the court that it intends to proceed with the 23 action and petition the court to have the case unsealed. If 24 the court grants the district attorney's request, the seal 25 shall be lifted. 26 (2) Notify the court that it declines to take over the 27 action, in which case the seal may be lifted within 20 days 28 after such notification has been made and the qui tam 29 plaintiff shall have the right to conduct the action. 30 Section 504. Complaints relating to Commonwealth and political 20010H1285B1502 - 11 -
1 subdivision funds. 2 (a) Complaints.--Within 30 days after receiving a complaint 3 alleging violations which involve or allege both Commonwealth 4 and political subdivision funds, the Attorney General shall 5 forward copies of the complaint and written disclosure to the 6 appropriate district attorney and shall coordinate its review 7 and investigation with those of the district attorney. 8 (b) Procedure.--Within 90 days after receiving a complaint 9 alleging violations which involve or allege both Commonwealth 10 and political subdivision funds, the Attorney General shall do 11 one of the following: 12 (1) Notify the court in writing that the Attorney 13 General intends to proceed with the action, in which case the 14 seal shall be lifted and service effected on the defendant. 15 (2) Notify the court in writing that the Attorney 16 General declines to take over the action but that the 17 district attorney involved intends to proceed with the 18 action, in which case the seal shall be lifted and the action 19 shall be conducted by the district attorney. 20 (3) Notify the court that both the Attorney General and 21 the district attorney decline to take over the action, in 22 which case the seal may be lifted within 20 days after 23 notification has been made and the qui tam plaintiff shall 24 have the right to conduct the action. 25 Section 505. Intervention by political subdivision. 26 If the Attorney General proceeds with the action under 27 section 503(b)(1), the district attorney shall be permitted to 28 intervene in the action within 60 days after the Attorney 29 General notifies the court of his intentions. 30 Section 506. Extension of time. 20010H1285B1502 - 12 -
1 Upon a showing of good cause and reasonable diligence in his 2 investigation, the prosecuting authority may move the court for 3 reasonable extensions of time during which the complaint will 4 remain under seal. The qui tam plaintiff shall be notified of 5 any extensions requested under this section. Any such motions 6 may be supported by affidavits or other submissions in camera. 7 Section 507. Other actions prohibited. 8 When a qui tam plaintiff brings an action under this act, no 9 other person shall be permitted to bring a related action under 10 this act based on the same or similar facts underlying the 11 pending action. 12 Section 508. Exclusions. 13 (a) General rule.--No court shall have jurisdiction over an 14 action brought under this chapter: 15 (1) Which relies upon the public disclosure of specific 16 allegations or specific transactions in a criminal, civil or 17 administrative hearing, in a governmental report, hearing, 18 audit or investigation or from the news media, unless the 19 action is brought by or intervened in by a prosecuting 20 authority or the qui tam plaintiff is an original source of 21 the information. 22 (2) By a prisoner against any official or employee of 23 the Commonwealth or a political subdivision for acts relating 24 to the operations and expenditures of a correctional agency 25 or facility. 26 (3) Based upon allegations or transactions which are the 27 subject of an investigation, a settlement agreement, or any 28 civil or administrative proceeding, in which the Commonwealth 29 or political subdivision is already a party. 30 (b) Definition.--As used in this section, the term "original 20010H1285B1502 - 13 -
1 source" means an individual who has voluntarily provided the 2 information to the prosecuting authority before filing an action 3 based on that information and either has direct and independent 4 knowledge of the information on which the allegations are based 5 or directly or indirectly provided the impetus, basis or 6 catalyst for the investigation, hearing, audit or report which 7 led to the public disclosure. 8 Section 509. Responsibility for prosecution. 9 If the prosecuting authority proceeds with the action, it 10 shall have the primary responsibility for prosecuting the 11 action. The qui tam plaintiff shall have the right to continue 12 with all rights and obligations as a full party to the action. 13 Section 510. Dismissal of action. 14 The Commonwealth or political subdivision may seek to dismiss 15 the action for good cause notwithstanding the objections of the 16 qui tam plaintiff if the qui tam plaintiff has been notified by 17 the prosecuting authority of the filing of the motion and the 18 court has provided the qui tam plaintiff with an adequate 19 opportunity to oppose and be heard on the motion. 20 Section 511. Settlement. 21 (a) General rule.--The prosecuting authority may settle the 22 action with the defendant notwithstanding the objections of the 23 qui tam plaintiff if the court determines that the proposed 24 settlement is fair, adequate and reasonable under all of the 25 circumstances to all parties involved. 26 (b) Consultation with political subdivision.--The district 27 attorney shall consult with the political subdivision regarding 28 any proposed settlement. 29 Section 512. Election not to proceed. 30 If the prosecuting authority elects not to proceed, the qui 20010H1285B1502 - 14 -
1 tam plaintiff shall have the right to conduct the action. If the 2 prosecuting authority so requests, it shall be served with 3 copies of all pleadings filed in the action and supplied with 4 copies of all deposition transcripts. 5 Section 513. Intervention. 6 Upon timely application, the court may permit the prosecuting 7 authority to intervene in an action with which it had initially 8 declined to proceed if the interest of the Commonwealth or 9 political subdivision in recovery of the property or funds 10 involved is not being adequately represented by the qui tam 11 plaintiff. 12 Section 514. Proceeds. 13 (a) Attorney General.--If the Attorney General initiates an 14 action under section 303(a) or assumes control of an action 15 initiated by the district attorney pursuant to section 16 303(b)(4)(ii), the Attorney General shall receive a fixed 33% of 17 the proceeds of the action or settlement of the claim, which 18 funds shall be used to support and expand its ongoing 19 investigation and prosecution of false claims violations in this 20 Commonwealth or to support other investigation and prosecution 21 efforts. 22 (b) District attorney.--If a district attorney initiates and 23 conducts an action pursuant to section 303(b), the office of the 24 district attorney shall receive a fixed 33% of the proceeds of 25 the action or settlement of the claim, which funds shall be used 26 to support and expand its ongoing investigation and prosecution 27 of false claims violations within its jurisdiction or to support 28 other investigation and prosecution efforts. 29 (c) Award of portion of recovery.--If a district attorney 30 intervenes in an action initiated by the Attorney General 20010H1285B1502 - 15 -
1 pursuant to section 303(a)(3) or remains a party to an action 2 assumed by the Attorney General pursuant to section 303(b)(4)(i) 3 and (iii), the court may award the office of the district 4 attorney a portion of the Attorney General's fixed 33% of the 5 recovery under subsection (a), taking into account the district 6 attorney's role in investigating and conducting the action and 7 the resources of the office expended on the prosecution. 8 (d) Qui tam recovery.-- 9 (1) If the prosecuting authority proceeds with an action 10 brought by a qui tam plaintiff under this act, the qui tam 11 plaintiff shall, subject to subsections (g) and (h), receive 12 not less than 20% nor more than 33% of the full proceeds of 13 the action or settlement of the claim, depending upon the 14 extent to which the qui tam plaintiff substantially 15 contributed to the overall prosecution of the action. If the 16 prosecuting authority and the qui tam plaintiff cannot reach 17 an agreement concerning the percentage of proceeds to be 18 distributed to the qui tam plaintiff, the determination shall 19 be made by the court after an evidentiary hearing. 20 (2) When it conducts the action, the Attorney General or 21 the district attorney shall receive a fixed 33% of the 22 proceeds of the action or settlement of the claim, which 23 funds shall be used to support and expand its ongoing 24 investigation and prosecution of false claims made against 25 the Commonwealth or political subdivision or otherwise to 26 investigate or prosecute consistent with the duties of these 27 offices. 28 (3) When both the Attorney General and the district 29 attorney are involved as coparties in a qui tam action 30 pursuant to section 504, the court in its discretion may 20010H1285B1502 - 16 -
1 award the district attorney a portion of the Attorney 2 General's fixed 33% of the recovery, taking into account the 3 district attorney's cooperation and contribution to 4 investigating and conducting the action. 5 (e) Decline to proceed.--If the prosecuting authority 6 declines to proceed with an action, the qui tam plaintiff shall, 7 subject to subsections (g) and (h), receive an amount which the 8 court decides is reasonable for collecting the civil penalty and 9 damages on behalf of the Commonwealth or political subdivision. 10 The amount awarded by the court shall be not less than 30% nor 11 more than 50% of the proceeds of the action or settlement and 12 shall be paid out of the proceeds of the action or settlement of 13 the claim. 14 (f) Allocation of proceeds for costs of annual audit.--The 15 controller, board of auditors or other government auditor 16 performing the annual audit of recoveries as provided under 17 subsection (k) shall receive a fixed 1% of the proceeds of the 18 action or settlement of the claim, which funds shall be used to 19 defray the costs of the annual audit. 20 (g) Present or former employee.--If a qui tam action is 21 brought by a present or former employee of the Commonwealth or 22 political subdivision, the qui tam plaintiff shall not be 23 entitled to any minimum guaranteed recovery from the proceeds. 24 If the prosecuting authority and the qui tam plaintiff cannot 25 reach an agreement concerning the percentage of proceeds to be 26 distributed to the qui tam plaintiff, the determination shall be 27 made by the court. The court may award the qui tam plaintiff 28 those sums from the proceeds as it considers appropriate, but in 29 no case more than 33% of the proceeds if the prosecuting 30 authority goes forth with the action or 50% if it declines to go 20010H1285B1502 - 17 -
1 forth, taking into account the significance of the information, 2 the role of the qui tam plaintiff in advancing the case to 3 litigation and the scope of and response to the qui tam 4 plaintiff's attempts to report and gain recovery of the falsely 5 claimed funds through official channels. 6 (h) Fraudulent activity.--A person who has been convicted of 7 a crime, either in the same or another jurisdiction, based on 8 participation in the fraudulent activity at issue in the action 9 under this act shall under no circumstances be permitted to 10 participate in any action under this act as a qui tam plaintiff. 11 (i) Present or former investigators.--Notwithstanding any 12 other provision of this act, any present or former sworn law 13 enforcement officer, city controller, other government 14 investigator, auditor or inspector general or other auditor or 15 investigator of a person, who obtains information regarding a 16 false claim in the course of his duties, whether or not as an 17 employee or a contractor, shall be precluded from participating 18 in the proceeds of a qui tam action on the basis of that 19 information unless that officer, city controller, government 20 investigator, auditor or inspector general or other auditor or 21 investigator has presented such information to the person and 22 the person fails to take appropriate action within a reasonable 23 time. 24 (j) Use of recoveries.-- 25 (1) Proceeds recovered under this act by the prosecuting 26 authority or awarded to the government auditor pursuant to 27 subsection (f) shall be placed in the General Fund of the 28 Commonwealth, the operating fund of the county of the 29 district attorney or the operating fund of the county of the 30 government auditor, as appropriate. 20010H1285B1502 - 18 -
1 (2) Notwithstanding any other provision of law to the 2 contrary, the Commonwealth, county of the district attorney 3 or the county of the government auditor, as appropriate, 4 shall immediately make such funds available for expenditure, 5 without restriction, by the prosecuting authority or 6 government auditor for the purposes specified elsewhere in 7 this act. The entity having budgetary control over such funds 8 may not anticipate future recoveries in the adoption or 9 approval of the budget for the prosecuting authority. 10 (k) Annual audit of recoveries.--It shall be the 11 responsibility of the Commonwealth, the county of the district 12 attorney, or both, as appropriate, to provide, through the 13 controller, board of auditors or other appropriate auditor, an 14 annual audit of all recoveries under this act. The audit shall 15 be made public, subject to the right of the prosecuting 16 authority to redact portions of the audit which it reasonably 17 believes will compromise investigations or criminal proceedings, 18 and shall be submitted to the Attorney General's office by 19 September 30 of each year. 20 (l) Annual report.--The Attorney General shall annually 21 submit a report to the Appropriations Committee and the 22 Judiciary Committee of the Senate and the Appropriations 23 Committee and Judiciary Committee of the House of 24 Representatives, specifying the recoveries obtained under this 25 act. The report shall give an accounting of all moneys recovered 26 through the sale of any property seized in satisfaction of any 27 judgment arising from an action under this act. 28 (m) Recoveries and appropriations.--Recoveries or future 29 recoveries under this act shall be in addition to any 30 appropriation made to the office of the prosecuting authority. 20010H1285B1502 - 19 -
1 Section 515. Reversion to General Fund. 2 (a) General rule.--The portion of the proceeds not 3 distributed under section 514 shall revert to the General Fund 4 when the underlying false claims involved Commonwealth funds 5 exclusively and to the political subdivision when the underlying 6 false claims involved political subdivision funds exclusively. 7 When petitioned to do so, the court shall make an apportionment 8 of the recovered proceeds between the Commonwealth and political 9 subdivision based on their relative share of the funds falsely 10 claimed. 11 (b) Reimbursement.--When an insurer, guarantor or surety has 12 suffered a loss on an underlying false claim through: 13 (1) reimbursing the Commonwealth or political 14 subdivision; or 15 (2) directly paying a claimant; and 16 (3) when the proceeds reverting to the operating fund 17 under this section exceed any uninsured loss to the 18 Commonwealth or the political subdivision; 19 the insurer, guarantor or surety shall be reimbursed for its 20 loss before further distribution is made under this act. 21 Section 516. Expenses. 22 If the Commonwealth, political subdivision or qui tam 23 plaintiff prevails in or settles any action under this act, the 24 qui tam plaintiff shall receive an amount for all reasonable 25 expenses incurred in the prosecution of the claim, including 26 expert witness fees plus reasonable litigation costs and 27 attorney fees. All expenses, costs and attorney fees shall be 28 awarded against the defendant, and under no circumstances shall 29 they be the responsibility of the prosecuting authority. 30 CHAPTER 7 20010H1285B1502 - 20 -
1 GENERAL PROVISIONS 2 Section 701. Rules of civil procedure. 3 Except where this act provides otherwise, actions under this 4 act shall be governed by the Pennsylvania Rules of Civil 5 Procedure. 6 Section 702. Stay of discovery. 7 (a) General rule.--The court may stay discovery for a period 8 of not more than 90 days if the prosecuting authority or the 9 General Counsel shows that discovery would interfere with an 10 investigation or a prosecution of a criminal or civil matter 11 arising out of the same or similar facts, regardless of whether 12 the prosecuting authority proceeds with the action. Such a 13 showing shall be conducted in camera. The court may extend the 14 90-day period upon a further showing in camera that the 15 prosecuting authority or the General Counsel has pursued the 16 criminal or civil investigation or proceedings with reasonable 17 diligence and that any proposed discovery in the action under 18 this act would interfere with the ongoing criminal or civil 19 investigation or proceedings. 20 (b) Criminal action.--When a criminal action has commenced 21 based upon the same or similar facts underlying the pending 22 action under this act, discovery by the defendant in the pending 23 action under this act shall be confined to that available to a 24 criminal defendant under the Rules of Criminal Procedure and the 25 United States and the Constitution of the Commonwealth of 26 Pennsylvania. The defendant in the pending action under this act 27 may petition the court for a stay of proceedings pending the 28 conclusion of the criminal action. 29 Section 703. Limitations on participation. 30 Upon a showing by the prosecuting authority by a 20010H1285B1502 - 21 -
1 preponderance of the evidence that unrestricted participation 2 during the course of the litigation by the person initiating the 3 action would interfere with or unduly delay the prosecuting 4 authority's prosecution of the case or would be repetitious, 5 irrelevant or for purposes of harassment, the court may, in its 6 discretion, impose limitations on the person's participation, 7 including, but not limited to, the following: 8 (1) limiting the number of witnesses the person may 9 call; 10 (2) limiting the length of the testimony of these 11 witnesses; 12 (3) limiting the person's cross-examination of 13 witnesses; or 14 (4) otherwise limiting the participation by the person 15 in the litigation. 16 Section 704. Employee protection. 17 (a) Disclosing information.--No employer shall solicit, 18 attempt or conspire to prevent, make, adopt or enforce any rule, 19 regulation or policy preventing an employee from disclosing 20 information to a Federal, State or local law enforcement agency 21 or from acting in furtherance of the investigation of, 22 initiation of, testimony in or assistance in filing an action 23 under this act. 24 (b) Discrimination.--No employer shall discharge, demote, 25 suspend, threaten, harass, deny promotion to or in any other 26 manner discriminate, or solicit, attempt or conspire to 27 discriminate against an employee in the terms of and conditions 28 of employment because of lawful acts done by the employee on 29 behalf of the employee or others in disclosing information to a 30 Federal, State or local government or law enforcement agency or 20010H1285B1502 - 22 -
1 in furthering false claims action, including investigation for, 2 initiation of, testimony for or assistance in an action filed or 3 to be filed under this act. 4 (c) Good faith reporting to employer.--No employer may 5 discharge, threaten or otherwise discriminate or retaliate 6 against an employee regarding the employee's compensation, 7 terms, conditions, location or privileges of employment because 8 the employee made or is about to make a good faith report to the 9 employer regarding a false claim under this act, regardless of 10 whether the report is made or to be made orally or in writing. 11 (d) Penalty.--An employer who violates subsection (a), (b) 12 or (c) shall be liable for all relief necessary to make the 13 employee whole, including reinstatement with the same seniority 14 status that the employee would have had but for the 15 discrimination, three times the amount of back pay, prevailing 16 interest on the back pay, compensation for any special damage 17 sustained as a result of the discrimination and, where 18 appropriate, punitive damages. Except in cases alleging 19 intentional misconduct, punitive damages against a person shall 20 not exceed 200% of the compensatory damages awarded. In 21 addition, the employer shall be required to pay all litigation 22 costs and reasonable attorney fees. An employee may bring an 23 action in the Commonwealth Court for the relief provided in this 24 subsection. 25 (e) Limitations.--An employee who is discharged, demoted, 26 suspended, harassed, denied promotion, threatened with 27 termination or in any other manner discriminated against in the 28 terms and conditions of employment by his employer because of 29 participation in conduct which directly or indirectly resulted 30 in a false claim being submitted to the Commonwealth or a 20010H1285B1502 - 23 -
1 political subdivision shall be entitled to the remedies under 2 subsection (d) if the employee voluntarily discloses information 3 to a Federal, State or local government or law enforcement 4 agency or acted in furtherance of a false claims action, 5 including investigation for, initiation of, testimony for or 6 assistance in an action filed or to be filed. 7 Section 705. Limitations. 8 (a) Time of filing.--An action under this act may not be 9 filed more than six years after the date on which the violation 10 of this act is completed or more than three years after the date 11 of discovery by the prosecuting authority, but in any event no 12 more than ten years after the date on which the violation of 13 section 301 is completed. 14 (b) Prior acts.--An action under this act may be brought 15 regarding false claims made prior to the effective date of this 16 act if the limitations period set forth in subsection (a) has 17 not elapsed. 18 (c) Proof.--In any action brought under this act, the 19 Commonwealth, the political subdivision or the qui tam plaintiff 20 shall be required to prove all essential elements of the cause 21 of action, including damages, by a preponderance of the 22 evidence. 23 (d) Estoppel.--Notwithstanding any other provision of law, a 24 guilty verdict, guilty plea or nolo contendere plea rendered in 25 a criminal proceeding which alleged a scheme to obtain funds 26 fraudulently from the Commonwealth or a political subdivision 27 shall estop the defendant from denying the essential elements of 28 the offense in any action which involves the same transaction as 29 in the criminal proceeding and which is brought under this act. 30 Section 706. Remedies. 20010H1285B1502 - 24 -
1 (a) Civil remedies.-- 2 (1) The Commonwealth Court shall have jurisdiction to 3 prevent and restrain violations of section 301 by issuing 4 appropriate orders, including, but not limited to: 5 (i) Ordering any person to divest himself of any 6 interest, direct or indirect, in any business or entity; 7 imposing reasonable restrictions on the future activities 8 or investments of any person, including, but not limited 9 to, prohibiting any person from engaging in the same type 10 of endeavor or freezing the person's assets. 11 (ii) Making due provisions for the rights of 12 innocent persons, ordering the dissolution of any 13 business or entity, ordering the denial, suspension or 14 revocation of charters of domestic corporations, 15 certificates of authority authorizing foreign 16 corporations to do business in this Commonwealth, 17 licenses, permits or prior approval granted to any 18 business or entity by any department or agency of the 19 Commonwealth or any of its political subdivisions; or 20 prohibiting any business or entity from engaging in any 21 business. 22 (2) Injunctions against false claims: 23 (i) If a person violates or is about to violate this 24 act, the prosecuting authority may commence an action in 25 Commonwealth Court to enjoin such violation. 26 (ii) If a person alienates or disposes of property, 27 or intends to alienate or dispose of property obtained as 28 a result of a violation of this act or property which is 29 traceable to such violation, the prosecuting authority 30 may commence an action in Commonwealth Court to enjoin 20010H1285B1502 - 25 -
1 such alienation or disposition of property, or for a 2 restraining order to prohibit any person from 3 withdrawing, transferring, removing, dissipating or 4 disposing of any such property or property of equivalent 5 value and appoint a temporary receiver to administer such 6 restraining order. 7 (3) In any proceeding under this section, the court 8 shall proceed as soon as practicable to the hearing and 9 determination thereof. Pending final determination, the court 10 may enter preliminary or special injunctions or take such 11 other actions, including the acceptance of satisfactory 12 performance bonds, as it may deem proper. 13 (b) Remedies cumulative.--The provisions of this act are not 14 exclusive, and the remedies provided for in this act shall be in 15 addition to any other remedies provided for in any other law or 16 available under common law. 17 Section 707. Enforcement. 18 (a) Prosecuting authority.--The prosecuting authority shall 19 have the power and duty to enforce this act, including the 20 authority to issue civil investigative demands pursuant to this 21 act, to institute proceedings under this act and to take such 22 actions as may be necessary to ascertain and investigate alleged 23 violations of this act. The prosecuting authority may delegate 24 its powers to investigate and prosecute actions under this act 25 to appropriate Deputy Attorneys General or deputy or assistant 26 district attorneys. 27 (b) Construction.--Nothing contained in this act shall be 28 construed to limit the regulatory or investigative authority of 29 any department or agency of the Commonwealth or political 30 subdivision whose functions might relate to persons, enterprises 20010H1285B1502 - 26 -
1 or matters falling within the scope of this act. 2 Section 708. Civil investigative demand. 3 (a) General rule.--Whenever the prosecuting authority has 4 reason to believe that any person may be in possession, custody 5 or control of any documentary material or information relevant 6 to a false claim investigation, the prosecuting authority may 7 issue in writing and cause to be served upon the person a civil 8 investigative demand requiring such person to: 9 (1) produce such documentary material for inspection and 10 copying; 11 (2) answer in written interrogatories with respect to 12 such documentary material or information; 13 (3) give oral testimony concerning such documentary 14 material or information; or 15 (4) furnish any combination of such material, answers 16 and testimony. 17 (b) Content.--Each demand under this section shall: 18 (1) State the nature of the conduct constituting the 19 alleged false claim violation which is under investigation 20 and the provision of law applicable thereto. 21 (2) If the demand is for the production of documentary 22 material: 23 (i) describe the class or classes of documentary 24 material to be produced thereunder with such definiteness 25 and certainty as to permit the material to be fairly 26 identified; 27 (ii) state that the demand is returnable forthwith 28 or prescribe a return date which will provide a 29 reasonable period of time within which the material so 30 demanded may be assembled and made available for 20010H1285B1502 - 27 -
1 inspection and copying or reproduction; and 2 (iii) identify an investigator to whom the material 3 shall be made available. 4 (3) If the demand is for written interrogatories: 5 (i) set forth with specificity the written 6 interrogatories to be answered; 7 (ii) prescribe dates at which time answers to 8 written interrogatories shall be submitted; and 9 (iii) identify the investigator to whom such answers 10 shall be submitted. 11 (4) If such demand is for the giving of oral testimony: 12 (i) prescribe a date, time and place at which oral 13 testimony should be commenced; 14 (ii) identify the investigator who shall conduct the 15 examination and the person to whom the transcript of such 16 investigation shall be submitted; 17 (iii) specify that such attendance and testimony are 18 necessary to the conduct of the investigation; and 19 (iv) describe the general purpose for which the 20 demand is being issued and the general nature of the 21 testimony, including the primary areas of inquiry, which 22 will be taken pursuant to the demand. 23 (5) Contain the following statement printed 24 conspicuously at the top of the demand: 25 You have the right to seek the assistance of any 26 attorney, and he may represent you in all phases of 27 the false claim investigation of which this civil 28 investigative demand is a part. 29 (c) Limitation.--No demand under this section shall: 30 (1) contain any requirement which would be held to be 20010H1285B1502 - 28 -
1 unreasonable if contained in a subpoena duces tecum issued by 2 any court in connection with a grand jury investigation of 3 the alleged fraud violation; or 4 (2) require the production of any documentary evidence 5 which would be privileged from disclosure if demanded by a 6 subpoena duces tecum issued by any court in connection with a 7 grand jury investigation of the alleged false claim 8 violation. 9 (d) Service.--Service of any demand or any petition filed 10 under this section shall be made in the manner prescribed by the 11 Pennsylvania Rules of Civil Procedure for service of writs and 12 complaints unless otherwise agreed to by the prosecuting 13 authority and the person. 14 (e) Return.--A verified return by the individual serving any 15 demand or petition under this section setting forth the manner 16 of service shall be prima facie proof of such service. In the 17 case of service by registered or certified mail, the return 18 shall be accompanied by the return post office receipt of 19 delivery of the demand. 20 (f) Procedure.-- 21 (1) A person upon whom a demand issued under this 22 section has been duly served shall make the demanded material 23 available for inspection and copying or reproduction to an 24 investigator designated in the demand at the principal place 25 of business of the person or at such other place as the 26 investigator and the person thereafter may agree or as the 27 court may direct pursuant to this section on the return date 28 specified in the demand. The person may, upon agreement of 29 the investigator, substitute copies of all or any part of the 30 demanded material for the originals of the demanded material. 20010H1285B1502 - 29 -
1 (2) The investigator to whom any documentary material is 2 so delivered shall take physical possession of the material 3 and shall be responsible for the use made of the material and 4 for its return pursuant to this section. The investigator may 5 cause the preparation of the copies of the documentary 6 material as may be required for official use. While in the 7 possession of the investigator, no material so produced shall 8 be available for examination by any individual other than the 9 prosecuting authority or any investigator without the consent 10 of the person who produced the material. Under such 11 reasonable terms and conditions as the prosecuting authority 12 shall prescribe, documentary material while in the possession 13 of the investigator shall be available for examination by the 14 person who produced the material or any duly authorized 15 representatives of that person. 16 (3) The production of documentary material in response 17 to a civil investigative demand served under this section 18 shall be made under a sworn certificate, in such form as the 19 demand designates, by: 20 (i) in the case of a natural person, the person to 21 whom the demand is directed; or 22 (ii) in the case of a person other than a natural 23 person, a person having knowledge of the facts and 24 circumstances relating to such production and authorized 25 to act on behalf of such person. 26 The certificate shall state that all of the documentary 27 material required by the demand and in the possession, 28 custody or control of the person to whom the demand is 29 directed has been produced and made available to the 30 investigator identified in the demand. 20010H1285B1502 - 30 -
1 (4) Each interrogatory in a civil demand served under 2 this section shall be answered separately and fully in 3 writing under oath and shall be submitted under a sworn 4 certificate, in such form as the demand designates, by: 5 (i) in the case of a natural person, the person to 6 whom the demand is directed; or 7 (ii) in the case of a person other than a natural 8 person, a person or persons responsible for answering 9 each interrogatory. 10 (5) If any interrogatory is objected to, the reasons for 11 the objection shall be stated in the certificate instead of 12 an answer. The certificate shall state that all information 13 required by the demand and in the possession, custody, 14 control or knowledge of the person to whom the demand is 15 directed has been submitted. To the extent that any 16 information is not furnished, the information shall be 17 identified and reasons set forth with particularity regarding 18 the reasons why the information was not furnished. 19 (6) (i) The examination of any person pursuant to a 20 civil investigative demand for oral testimony served 21 under this section shall be deemed an "official 22 proceeding" within the meaning of 18 Pa.C.S. § 4902(a) 23 (relating to perjury). The examination shall be taken 24 before an officer authorized to administer oaths and 25 affirmations by the laws of this Commonwealth. The 26 officer before whom the testimony is to be taken shall 27 put the witness on oath or affirmation and shall, 28 personally or by someone acting under the direction of 29 the officer and in the officer's presence, record the 30 testimony of the witness. The testimony shall be taken 20010H1285B1502 - 31 -
1 accurately and shall be transcribed. When the testimony 2 is fully transcribed, a copy of the transcript shall be 3 promptly forwarded to the designated person. This 4 subsection shall not preclude the taking of testimony by 5 any means authorized by, and in a manner consistent with, 6 the Pennsylvania Rules of Civil Procedure. 7 (ii) The investigator conducting the examination 8 shall exclude from the place where the examination is 9 held all persons except the person giving the testimony, 10 the attorney for and any other representative of the 11 person giving the testimony, the prosecuting authority, 12 any person who may be agreed upon by the prosecuting 13 authority and the person giving the testimony, and any 14 stenographer taking such testimony. 15 (iii) The oral testimony of any person taken 16 pursuant to a civil investigative demand served under 17 this section shall be taken in the county where the 18 office of the investigator conducting the examination is 19 situated, or in such other place as may be agreed upon by 20 the investigator and such person. 21 (iv) When the testimony is fully transcribed, the 22 investigator shall afford the witness, who may be 23 accompanied by counsel, a reasonable opportunity to 24 examine and read the transcript, unless such examination 25 and reading are waived by the witness. Any changes in 26 form or substance which the witness desires to make shall 27 be entered and identified upon the transcript by the 28 officer or the investigator, with a statement of the 29 reasons given by the witness for making such changes. The 30 transcript shall then be signed by the witness, unless 20010H1285B1502 - 32 -
1 the witness in writing waives the signing, is ill, cannot 2 be found or refuses to sign. If the transcript is not 3 signed by the witness within 30 days after being afforded 4 a reasonable opportunity to examine it, the officer or 5 the investigator shall sign it and state on the record 6 the fact of the waiver, illness, absence of the witness 7 or the refusal to sign, together with the reasons, if 8 any, given therefor. 9 (v) Upon payment of reasonable charges therefor, the 10 investigator shall furnish a copy of the transcript to 11 the witness only, except that the prosecuting authority 12 may, for good cause, limit such witness to inspection of 13 the official transcript of the witness' testimony. 14 (vi) Any person compelled to appear for oral 15 testimony under a civil investigative demand may be 16 accompanied, represented and advised by counsel. Counsel 17 may advise the person, in confidence, with respect to any 18 question asked of that person. The person or counsel may 19 object on the record to any question, in whole or in 20 part, and shall briefly state for the record the reason 21 for the objection. An objection may be made, received and 22 entered upon the record when it is claimed that such 23 person is entitled to refuse to answer the question on 24 the grounds of any constitutional or other legal right or 25 privilege, including the privilege against self- 26 incrimination. The person may not otherwise object to or 27 refuse to answer any question, and may not directly or 28 through counsel otherwise interrupt the oral examination. 29 If the person refuses to answer any question, a petition 30 may be filed in the Commonwealth Court under section 20010H1285B1502 - 33 -
1 708(g) for an order compelling the person to answer the 2 question. 3 (7) Upon completion of: 4 (i) the false claims investigation for which any 5 documentary material was produced under this section; and 6 (ii) any case or proceeding arising from such 7 investigation; 8 the investigator shall return to the person who produced the 9 material all of the material other than copies of the 10 material made pursuant to this section which have not passed 11 into the control of any court or grand jury through 12 introduction into the record of such case or proceeding. 13 (8) When documentary material has been produced by a 14 person under this section for use in a false claims 15 investigation and no case or proceeding arising from the 16 investigation has been instituted within a reasonable time 17 after completion of the examination and analysis of all 18 evidence assembled in the course of the investigation, the 19 person shall be entitled, upon written demand made upon the 20 prosecuting authority, to the return of all documentary 21 material, other than copies of the material made pursuant to 22 this section, so produced by that person. 23 (g) Failure to comply.--Whenever a person fails to comply 24 with a civil investigative demand that is served upon him under 25 this section or whenever satisfactory copying or reproduction of 26 any of the material cannot be done and the person refuses to 27 surrender the material, the prosecuting authority may file in 28 the Commonwealth Court and serve upon the person a petition for 29 an order of the court for the enforcement of this section. 30 (h) Petition for relief.-- 20010H1285B1502 - 34 -
1 (1) Within 20 days after the service of any demand under 2 this section upon any person or at any time before the return 3 date specified in the demand, whichever period is shorter, 4 the person may file in the Commonwealth Court and serve upon 5 the prosecuting authority a petition for an order of the 6 court modifying or setting aside this demand. The time 7 allowed for compliance with the demand, in whole or in part, 8 as deemed proper and ordered by the court shall not run 9 during the pendency of the petition in the court. The 10 petition shall specify each ground upon which the petitioner 11 relies in seeking the relief and may be based on any failure 12 of the demand to comply with the provisions of this section 13 or on any constitutional or other legal right or privilege of 14 the person. 15 (2) At any time during which the prosecuting authority 16 is in custody or control of documentary material delivered by 17 a person in compliance with a demand under this section, the 18 person may file in the Commonwealth Court and serve upon the 19 prosecuting authority a petition for an order of the court 20 requiring the performance of any duty imposed by this 21 section. 22 (3) Whenever a petition is filed in the Commonwealth 23 Court, the court shall have jurisdiction to hear and 24 determine the matter so presented and, after a hearing at 25 which all parties are represented, to enter such order or 26 orders as may be required to carry into effect the provisions 27 of this section. 28 (i) Definition.--As used in this section, the term 29 "documentary material" includes, but is not limited to, any 30 book, paper, record, recording, tape, report, memorandum, data, 20010H1285B1502 - 35 -
1 written or electronic communication or other document relating 2 to the business affairs of any person, enterprise or matter 3 falling within the purview of this act. 4 Section 709. Immunity. 5 Whenever any individual refuses on the basis of his privilege 6 against self-incrimination to comply with a civil investigative 7 demand issued pursuant to this act or to testify or produce 8 other information in a proceeding under this act, the 9 prosecuting authority may invoke the provisions of 42 Pa.C.S. § 10 5947 (relating to immunity of witnesses). 11 Section 710. Regulations. 12 (a) General rule.--The Attorney General shall have the power 13 and authority to promulgate rules and regulations which may be 14 necessary to carry out the purposes set forth in this act. 15 (b) Guidelines.--In order to facilitate the speedy 16 implementation of this act, the Attorney General shall have the 17 power and authority to promulgate, adopt and use guidelines 18 which shall be published in the Pennsylvania Bulletin. The 19 guidelines shall not be subject to review pursuant to section 20 205 of the act of July 31, 1968 (P.L.769, No.240), referred to 21 as the Commonwealth Documents Law, sections 204(b) and 301(10) 22 of the act of October 15, 1980 (P.L.950, No.164), known as the 23 Commonwealth Attorneys Act, the act of June 25, 1982 (P.L.633, 24 No.181), known as the Regulatory Review Act, and shall be 25 effective for a period of not more than two years from the 26 effective date of this act. After the expiration of the two-year 27 period, the guidelines shall expire and be replaced by 28 regulations which shall be promulgated, adopted and published as 29 provided by law. 30 Section 711. Effective date. 20010H1285B1502 - 36 -
1 This act shall take effect in 60 days. C12L44DMS/20010H1285B1502 - 37 -