Regular Session 2021-2022 Senate Bill 0038 P.N. 0941

PRINTER'S NO. 941

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

Session of

2021

INTRODUCED BY L. WILLIAMS, PHILLIPS-HILL, KANE, HUGHES, FONTANA,

MARTIN, COMITTA, STEFANO, COSTA, MUTH AND CAPPELLETTI,

JUNE 22, 2021

REFERRED TO HEALTH AND HUMAN SERVICES, JUNE 22, 2021

AN ACT

Amending the act of June 13, 1967 (P.L.31, No.21), entitled "An

act to consolidate, editorially revise, and codify the public

welfare laws of the Commonwealth," providing for liability

for false claims, for adoption of congressional intent of the

Federal False Claims Act, for damages, costs and civil

penalties, for powers of Attorney General, for qui tam

actions and for civil investigative demands.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The act of June 13, 1967 (P.L.31, No.21), known

as the Human Services Code, is amended by adding an article to

read:

ARTICLE XIV-D

LIABILITY FOR FALSE CLAIMS

(a) Preliminary Provisions

Section 1401-D. Short title.

This article shall be known and may be cited as the

Commonwealth Fraud Prevention Act.

Section 1402-D. Declaration of policy.

The General Assembly declares that this article adopts the

intent of Congress in enacting the Federal False Claims Act

(Public Law 97-258, 31 U.S.C. §§ 3729-3733) on September 13,

1982, including the amendments enacted October 27, 1986 (Public

Law 99-562, 100 Stat. 3153), and all subsequent amendments.

Section 1403-D. Definitions.

The following words and phrases when used in this article

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Claim." As follows:

(1) A request or demand for money or property, whether

under contract or otherwise and regardless of whether the

Commonwealth has title to the money or property, that is

presented, submitted or otherwise made to:

(i) An employee, officer or agent of the

Commonwealth.

(ii) A contractor, grantee or other recipient, and

any portion of the money or property will be spent or

used on the Commonwealth's behalf or to advance a program

or interest of the Commonwealth, and the Commonwealth:

(A) provides or has provided any portion of the

money or property requested or demanded; or

(B) will reimburse the contractor, grantee or

other recipient for any portion of the money or

property which is requested or demanded.

(2) The term does not include requests or demands for

money or property that the Commonwealth has paid to an

individual as compensation for employment or as an income

subsidy with no restrictions on the individual's use of the

money or property.

(3) To the extent it is not connected to a request or

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demand for money or property, a filing with a Commonwealth

agency pursuant to the Commonwealth's insurance laws shall

not constitute a claim.

"Knowingly." As follows:

(1) Whenever a person, with respect to information, does

any of the following:

(i) Has actual knowledge of the information.

(ii) Acts in deliberate ignorance of the truth or

falsity of the information.

(iii) Acts in reckless disregard of the truth or

falsity of the information.

(2) Proof of specific intent to defraud is not required.

"Legal claim." A claim for relief at law or equity, whether

contemplated or asserted, including any claim, demand, account,

note or any other cause of action or liability.

"Material." A natural tendency to influence, or be capable

of influencing, the payment or receipt of money or property.

"Obligation." An established duty, whether or not fixed,

arising from any of the following:

(1) An express or implied contractual relationship.

(2) An express or implied grantor-grantee relationship.

(3) An express or implied licensor-licensee

relationship.

(4) A fee-based or similar relationship.

(5) A statute or regulation.

(6) The retention of an overpayment.

"Official use." A use that is consistent with the law and

the regulations and policies of the Office of Attorney General,

including the following:

(1) Use in connection with internal memoranda and

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reports.

(2) Communications between the Office of Attorney

General and a Federal, State or local government agency or a

contractor of a Federal, State or local government agency,

undertaken in furtherance of an investigation or prosecution

of an action.

(3) Interviews of a qui tam plaintiff or other witness.

(4) Oral examinations.

(5) Depositions.

(6) Preparation for and response to civil discovery

requests.

(7) Introduction into the record of an action or

proceeding.

(8) Applications, motions, memoranda and briefs

submitted to a court or other tribunal.

(9) Communications with investigators, auditors,

consultants and experts, the counsel of other parties,

arbitrators and mediators, concerning an investigation,

action or proceeding.

"Original source." An individual who:

(1) prior to a public disclosure under section 1412-D(f)

(2), has voluntarily disclosed to the Commonwealth the

information on which the allegations or transactions in a

claim are based; or

(2) has knowledge that is independent of and materially

adds to the publicly disclosed allegations or transactions

and who has voluntarily provided the information to the

Commonwealth before filing an action under section 1412-D(b).

" Person. " A natural person, corporation, firm, association,

organization, partnership, limited liability company, business,

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trust, business trust, estate or foundation.

"Qui tam plaintiff." A person bringing a civil action under

section 1412-D(b).

(b) False Claims

Section 1411-D. Acts subjecting persons to liability and

damages.

(a) Liability.--Except as provided in subsection (b), a

person shall be liable to the Commonwealth for three times the

amount of damages that the Commonwealth sustains, plus a civil

penalty in an amount determined under subsection (d) for each

violation, if the person commits any of the following acts:

(1) Knowingly presents or causes to be presented a false

or fraudulent claim for payment or approval.

(2) Knowingly makes, uses or causes to be made or used,

a false record or statement material to a false or fraudulent

claim.

(3) Has possession, custody or control of property or

money used or to be used by the Commonwealth and knowingly

delivers or causes to be delivered less than all of the money

or property.

(4) Is authorized to make or deliver a document

certifying receipt of property used or to be used by the

Commonwealth and, intending to defraud the Commonwealth,

makes or delivers a receipt without completely knowing that

the information on the receipt is true.

(5) Knowingly buys or receives as a pledge of an

obligation or debt, public property from an officer or

employee of the Commonwealth who lawfully may not sell or

pledge the property.

(6) Knowingly makes, uses or causes to be made or used,

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a false record or statement material to an obligation to pay

or transmit money or property to the Commonwealth or

knowingly conceals, or knowingly and improperly avoids or

decreases an obligation to pay or transmit money or property

to the Commonwealth.

(7) Knowingly fails to disclose a fact, event or

occurrence material to an obligation to pay or transmit money

or property to the Commonwealth.

(8) Is a beneficiary of an inadvertent submission of a

false claim, subsequently discovers the falsity of the claim

and fails to disclose the false claim to the Commonwealth

within a reasonable time after discovery of the false claim.

(9) Conspires to commit a violation of paragraph (1),

(2), (3), (4), (5), (6), (7) or (8).

(b) Damages limitation.--Notwithstanding the damages

provision of subsection (a), the court may assess not less than

two times the amount of damages the Commonwealth sustains from a

violation of subsection (a) if the court finds all of the

following:

(1) The person committing the violation furnished the

Commonwealth officials who are responsible for investigating

false claims violations with all information known to that

person about the violation within 30 days after the date on

which the person first obtained the information.

(2) The person fully cooperated with an investigation by

the Commonwealth.

(3) At the time the person furnished the Commonwealth

with information about the violation, no criminal

prosecution, civil action or administrative action had

commenced with respect to the violation, and the person did

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not have actual knowledge of the existence of an

investigation into the violation.

or penalties under subsection (a) shall also be liable to the

Commonwealth for the reasonable costs of investigating and

prosecuting violations of subsection (a), including reasonable

costs to the Office of Attorney General and, if applicable, a

district attorney designated under section 1412-D(a)(2).

(d) Adjustment of penalties.--The upper and lower limits on

civil penalties imposed under subsection (a) shall be equal to

and shall adjust consistently with the civil penalty limits

imposed under 31 U.S.C. § 3729(a)(1) (relating to false claims),

as such limits are periodically adjusted by the Federal Civil

Penalties Inflation Adjustment Act of 1990 (Public Law 101-410,

28 U.S.C. § 2461 note).

(e) Exemption from disclosure.--The Office of Attorney

General shall be exempt from disclosing information under the

act of February 14, 2008 (P.L.6, No.3), known as the Right-to-

Know Law, that is furnished under subsection (b) or accessed or

shared under section 1413.1-D(a).

Section 1412-D. Attorney General investigations and

prosecutions and civil actions.

(a) Responsibilities.--The following shall apply:

(1) The Attorney General shall have authority to

investigate a violation of section 1411-D. If the Attorney

General finds that a person has violated or is violating

section 1411-D, the Attorney General may bring a civil action

under this section against that person.

(2) The Attorney General may enter into an agreement

with a district attorney to designate the district attorney

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to serve as the Attorney General's designee, investigate a

violation of section 1411-D and bring a civil action under

this section against a person that has violated or is

violating section 1411-D. The Attorney General at any time

may rescind the designation made under this paragraph.

(3) Nothing in section 1407 shall be construed to limit

the Attorney General's authority to investigate or prosecute

violations of section 1411-D.

(b) Actions by qui tam plaintiffs.--The following shall

apply:

(1) A qui tam plaintiff may bring a civil action for a

violation of section 1411-D for the qui tam plaintiff and for

the Commonwealth in the name of the Commonwealth. Once filed,

the action may be dismissed only if the court and the

Attorney General give written consent to the dismissal and

their reasons for consenting.

(2) A copy of the complaint and written disclosure of

substantially all material evidence and information the qui

tam plaintiff possesses shall be served promptly on the

Attorney General as provided for in the Pennsylvania Rules of

Civil Procedure or applicable court rule. The complaint shall

be filed in camera and shall remain under seal for at least

120 days and shall not be served on the defendant until the

court orders the service. The Commonwealth may elect to

intervene and proceed with the action within 120 days after

it receives the complaint and the material evidence and

information.

(3) Upon motion of the Commonwealth, the court, for good

cause shown, shall extend the time during which the complaint

remains sealed under paragraph (2). The motion may be

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supported by affidavits or other submissions in camera. The

defendant shall not be required to respond to a complaint

filed under this section until the complaint is unsealed and

served upon the defendant under the Pennsylvania Rules of

Civil Procedure or applicable court rule.

(4) Before the expiration of the 120-day period or any

extensions obtained under paragraph (3), the Commonwealth

shall:

(i) proceed with the action; or

(ii) notify the court that the Commonwealth declines

to take over the action, in which case the qui tam

plaintiff shall have the right to conduct the action.

under subsection (b), no person other than the Commonwealth may

intervene or bring a related action based on the facts

underlying the pending action.

(d) Rights of the parties to qui tam actions.--The following

shall apply:

(1) If the Commonwealth proceeds with the action, it

shall have the primary responsibility for prosecuting the

action and shall not be bound by an act of the qui tam

plaintiff. The qui tam plaintiff shall have the right to

continue as a party to the action, subject to the limitations

set forth in paragraph (2).

(2) The following shall apply:

(i) Upon notice to the qui tam plaintiff, the

Commonwealth may move to dismiss the action despite the

qui tam plaintiff's objections. The court shall dismiss

the action for good cause shown if the court has provided

the qui tam plaintiff with an opportunity to oppose the

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motion and present evidence at a hearing.

(ii) The Commonwealth may settle the action with the

defendant despite the qui tam plaintiff's objections if

the court determines, after a hearing providing the qui

tam plaintiff an opportunity to present evidence, that

the proposed settlement is fair, adequate and reasonable

under the circumstances. Upon a showing of good cause,

the hearing may be held in camera. Upon motion of the

Commonwealth, the court, for good cause shown, shall

order a partial lifting of the seal to facilitate the

investigative process or settlement.

(iii) Upon the Commonwealth's showing that the qui

tam plaintiff's unrestricted participation during the

course of the action would interfere with or unduly delay

the Commonwealth's prosecution of the case or would be

repetitious, irrelevant or for purposes of harassment,

the court may, in its discretion, impose limitations on

the qui tam plaintiff's participation by:

(A) limiting the number of witnesses the qui tam

plaintiff may call;

(B) limiting the length of witness testimony;

examination of witnesses; or

(D) otherwise limiting the qui tam plaintiff's

participation in the action.

(iv) Upon the defendant's showing that the qui tam

plaintiff's unrestricted participation in the action

would be for purposes of harassment or would cause the

defendant undue burden or unnecessary expense, the court

may limit the qui tam plaintiff's participation in the

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action.

(3) If the Commonwealth elects not to proceed with the

action, the qui tam plaintiff shall have the right to conduct

the action. If the Commonwealth requests, it shall be served

with copies of all pleadings filed in the action and shall be

supplied, at the Commonwealth's expense, with copies of all

deposition transcripts and other discovery produced in the

action. Without limiting the qui tam plaintiff's status and

rights, the court shall permit the Commonwealth to intervene

at a later date upon a showing of good cause.

(4) Whether or not the Commonwealth proceeds with the

action, upon the Commonwealth's showing, in camera, that

certain actions of discovery by the qui tam plaintiff would

interfere with the Commonwealth's investigation or

prosecution of a criminal or civil matter arising out of the

same facts, the court may stay the discovery for a period of

not more than 60 days. The court may extend the 60-day period

upon the Commonwealth's further showing, in camera, that it

has pursued the criminal or civil investigation or

proceedings with reasonable diligence and that the discovery

proposed in the civil action will interfere with the ongoing

criminal or civil investigations or proceedings.

(5) Notwithstanding subsection (b), the Commonwealth may

elect to pursue its legal claims through an alternate remedy

available to the Commonwealth, including an administrative

proceeding to determine a civil money penalty. If the

alternate remedy is pursued in another proceeding, the qui

tam plaintiff shall have the same rights in the proceeding as

if the action had continued under this section. A finding of

fact or conclusion of law made in the other proceeding that

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has become final shall be conclusive on all parties to an

action under this section. A finding or conclusion is final

if it has been finally determined on appeal to the

appropriate court of the Commonwealth, if the time for filing

the appeal regarding the finding or conclusion has expired

without an appeal having been filed or if the finding or

conclusion is not subject to judicial review.

(e) Award to qui tam plaintiff.--

(1) The following shall apply:

(i) If the Commonwealth proceeds with an action

brought by a qui tam plaintiff, the qui tam plaintiff

shall, subject to the provisions of this subsection,

receive at least 15% but not more than 25% of the

proceeds of the action or settlement of the legal claim,

depending upon the extent to which either or both the qui

tam plaintiff and the qui tam plaintiff's counsel

substantially contributed to the prosecution of the

action.

(ii) If the court finds that the action is based

primarily on disclosures of specific information, other

than information provided by the qui tam plaintiff,

relating to allegations or transactions in a criminal,

civil or administrative hearing to which the Commonwealth

is a party, or in a Federal, State or local legislative

or other governmental hearing, audit or investigation or

from the news media, the court may award a sum it

considers appropriate, but in no case more than 10% of

the proceeds of the action or settlement, taking into

account the information's significance and the qui tam

plaintiff's role in advancing the action.

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(2) If the Commonwealth does not proceed with an action

under this section, the qui tam plaintiff shall receive at

least 25% but not more than 30% of the proceeds of the action

or settlement of the legal claim, as the court deems

reasonable.

(3) Whether or not the Commonwealth proceeds with the

action, if the court finds that the qui tam plaintiff planned

and initiated the violation of section 1411-D upon which the

action was filed, the following shall apply:

(i) Subject to subparagraph (ii), the court may, to

the extent the court considers appropriate, reduce the

share of the proceeds of the action or settlement of the

legal claim which the qui tam plaintiff would otherwise

receive under paragraph (1) or (2), taking into account

the qui tam plaintiff's role in advancing the action and

any relevant circumstances pertaining to the violation.

(ii) If the qui tam plaintiff is convicted of

criminal conduct arising from the qui tam plaintiff's

role in the violation, the qui tam plaintiff shall be

dismissed from the civil action and shall not receive a

share of the proceeds of the action. The dismissal shall

not prejudice the Commonwealth's right to continue the

action.

(4) An award to a qui tam plaintiff shall be made from

the proceeds of the action or settlement of the legal claim.

The qui tam plaintiff also shall receive an amount for

reasonable expenses which the court finds were necessarily

incurred, plus reasonable attorney fees and costs. The

expenses, fees and costs shall be awarded against the

defendant.

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(5) If the Commonwealth does not proceed with the action

and the qui tam plaintiff conducts the action, the court may

award to the defendant reasonable attorney fees and expenses

if the defendant prevails in the action and the court finds

that the qui tam plaintiff's legal claim was clearly

frivolous, clearly vexatious or brought primarily for

purposes of harassment.

(f) Certain actions barred.--

(1) A court does not have jurisdiction over an action

filed under this section against the Governor, the Lieutenant

Governor, the Attorney General, the Auditor General, the

Treasurer, a cabinet member, a deputy secretary, a member of

the General Assembly or a member of the judiciary if the

action is based on evidence or information known to the

Commonwealth when the action was brought.

(2) The following shall apply:

(i) Subject to subparagraph (ii), the court shall

dismiss an action or legal claim brought under subsection

(b) if substantially the same allegations or transactions

alleged in the action or legal claim were publicly

disclosed in:

(A) the news media;

(B) a criminal, civil or administrative hearing

in which the Commonwealth is or was a party; or

other governmental report, hearing, audit or

investigation.

(ii) The court may not dismiss an action under

subparagraph (i) if:

(A) the action was brought by the Attorney

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General;

(B) the Attorney General opposes dismissal; or

of the information publicly disclosed.

(3) A person may not bring an action under this section

which is based upon allegations or transactions that are the

subject of a civil suit or an administrative civil money

penalty proceeding in which the Commonwealth is already a

party.

(g) Commonwealth not liable for certain expenses.--The

Commonwealth is not liable for expenses which a qui tam

plaintiff incurs in bringing an action under this section.

(h) (Reserved).

(i) Cooperation by agencies.--Commonwealth agencies shall

cooperate in the investigation and prosecution of false claims

under this section, whether the claims are brought by the

Attorney General or a qui tam plaintiff.

Section 1413-D. Civil investigative demands.

(a) Issuance and service.--The following shall apply:

(1) If the Attorney General or, for purposes of this

subsection, the Attorney General's designee, has reason to

believe that a person may be in possession, custody or

control of documentary material or information relevant to a

false claims investigation under this article, the Attorney

General or designee may, before commencing a civil proceeding

under section 1412-D(a) or making an election under section

1412-D(b), issue in writing and cause to be served upon the

person a civil investigative demand requiring the person to:

(i) produce documentary material for inspection and

copying;

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(ii) answer in writing written interrogatories with

respect to documentary material or information;

(iii) give oral testimony concerning documentary

material or information; or

(iv) furnish any combination of materials, answers

or testimony.

(2) If a civil investigative demand is an express demand

for a product of discovery, the Attorney General or the

Attorney General's designee shall:

(i) cause to be served in any manner authorized by

this subsection a copy of the demand upon the person from

whom or which the discovery was obtained; and

(ii) notify the demand issuee of the date on which

the copy was served.

(b) Contents and deadlines.--The following shall apply:

(1) A civil investigative demand shall state the nature

of the conduct constituting the alleged violation of this

article that is under investigation and the applicable

provisions of this article alleged to be violated.

(2) If the civil investigative demand is for the

production of documentary material, the demand shall:

(i) describe each class of documentary material to

be produced with definiteness and certainty as to permit

the material to be fairly identified;

(ii) prescribe a return date for each class that

will provide a reasonable time period within which the

material so demanded may be assembled and made available

for inspection and copying; and

(iii) identify the false claims investigator to whom

the material shall be available.

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(3) If the civil investigative demand is for answers to

written interrogatories, the demand shall:

(i) set forth with specificity the written

interrogatories to be answered;

(ii) prescribe dates on which the answers to the

written interrogatories shall be submitted; and

(iii) identify the false claims investigator to whom

the answers shall be submitted.

(4) If the civil investigative demand is for oral

testimony, the demand shall:

(i) prescribe a date, time and place at which the

oral testimony shall be given;

(ii) identify a false claims investigator who shall

conduct the examination and the custodian to whom the

transcript of the examination shall be submitted;

(iii) specify that attendance and testimony are

necessary to the conduct of the false claims

investigation; and

(iv) describe the general purpose for which the

demand is being issued and general nature of the

testimony, including the primary areas of inquiry, which

will be taken under the demand.

(5) A civil investigative demand shall contain the

following statement printed at the beginning of the demand:

"You have the right to seek the assistance of an attorney,

who may represent you in all phases of the investigation of

which this civil investigative demand is a part."

(6) A civil investigative demand that is an express

demand for a product of discovery shall not be returned or

returnable until 20 days after a copy of the demand has been

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served upon the person from whom or which the discovery was

obtained.

(7) The date prescribed for commencement of oral

testimony under a civil investigative demand shall not be

less than seven days after the date on which the demand is

served, unless the Attorney General or a designee determines

that exceptional circumstances exist and warrant commencing

testimony within a lesser time period.

(8) The Attorney General, or a designee, may not

authorize the issuance of more than one civil investigative

demand for the same person's oral testimony unless:

(i) the person requests otherwise; or

(ii) the Attorney General or designee notifies the

person in writing that an additional demand for oral

testimony is necessary.

apply:

(1) A civil investigative demand may not require the

production of documentary material, the submission of answers

to written interrogatories or the giving of oral testimony if

the material, answers or testimony would be protected from

disclosure under the standards applicable to:

(i) subpoenas or subpoenas duces tecum issued by a

court of this Commonwealth to aid in a grand jury

investigation; or

(ii) discovery under the Pennsylvania Rules of Civil

Procedure or other applicable court rule, to the extent

that the application of the standards to a demand is

appropriate and consistent with the provisions and

purposes of this section.

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(2) The following shall apply:

(i) Except where a statute explicitly precludes the

superseding effect imposed by this paragraph, a civil

investigative demand that is an express demand for a

product of discovery supersedes an inconsistent order,

rule or provision of law, other than in this section,

that prevents or restrains disclosure of the product of

discovery to any person.

(ii) A person's disclosure of a product of discovery

under an express demand does not constitute a waiver of

any right or privilege to resist discovery of trial

preparation materials that the person may be entitled to

invoke.

(d) Service and jurisdiction.--Except as otherwise provided,

the following apply to civil investigative demands issued under

this section and petitions filed under subsection (j):

(1) The following shall apply:

(i) A civil investigative demand may be served by a

false claims investigator, a law enforcement officer or

another individual authorized by law to serve process in

the jurisdiction where the demand is served.

(ii) A petition may be served by any person

authorized to serve process under the Pennsylvania Rules

of Civil Procedure or other applicable court rule.

(2) The following shall apply:

(i) A civil investigative demand or petition may be

served upon a person consistent with and in the manner

prescribed by 42 Pa.C.S. Ch. 53 (relating to bases of

jurisdiction and interstate and international procedure)

and the Pennsylvania Rules of Civil Procedure or other

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applicable court rule, for personal service inside or

outside this Commonwealth.

(ii) To the extent the courts of the Commonwealth

can assert jurisdiction over a person outside this

Commonwealth, a court with jurisdiction over an action

filed under this article shall have the same jurisdiction

to take action respecting the person's compliance with

this section that it would have if the person resided

within the court's jurisdiction.

(3) The following shall apply:

(i) A civil investigative demand or petition may be

served upon a legal entity by:

(A) delivering an executed copy of the demand or

petition to a partner, executive officer, managing

agent or general agent of the legal entity, or to an

employee designated or agent authorized by

appointment or law to receive service of process on

behalf of the legal entity;

(B) delivering an executed copy of the demand or

petition to the legal entity's principal office or

place of business;

petition in the United States mail by registered or

certified mail with a return receipt requested,

addressed to the legal entity at its principal office

or place of business; or

(D) any other method provided by the

Pennsylvania Rules of Civil Procedure or other

applicable court rule.

(ii) A civil investigative demand or petition may be

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served upon a natural person by:

(A) delivering an executed copy of the demand or

petition to the person;

(B) depositing an executed copy of the demand or

petition in the United States mail by registered or

certified mail with a return receipt requested,

addressed to the person at the person's residence or

principal office or place of business; or

Pennsylvania Rules of Civil Procedure or other

applicable court rule.

(4) A verified return by the individual serving a civil

investigative demand or a petition, setting forth the manner

of service, shall be proof of service. In the case of service

by registered or certified mail, the return post office

receipt of the demand or petition's delivery shall accompany

the verified return.

(e) Documentary material.--

(1) The following shall apply:

(i) The production of documentary material shall be

made under a written and verified certificate, in the

form the demand designates, by the following individuals:

(A) if the demand issuee is a natural person, by

the demand issuee; and

(B) if the demand issuee is not a natural

person, by an individual who has knowledge of facts

and circumstances relating to the production and is

authorized to act on the demand issuee's behalf.

(ii) The certificate shall state that all the

documentary material required by the demand and in the

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demand issuee's possession, custody or control has been

produced and made available to the false claims

investigator identified in the demand.

(2) The following shall apply:

(i) A demand issuee shall make demanded material

available for inspection and copying to the false claims

investigator identified in the demand:

(A) at the demand issuee's principal place of

business;

(B) at another place as the false claims

investigator and the demand issuee thereafter may

agree and prescribe in writing; or

(ii) The documentary material shall be made

available on the return date specified in the demand or

on a later date as the false claims investigator may

prescribe in writing. The demand issuee may, upon written

agreement with the false claims investigator, substitute

copies for originals of all or any part of the material.

(3) If the demand issuee objects to the production of

any portion of the required documentary material or otherwise

withholds any portion of the material, the demand issuee

shall with particularity state the reasons for the objection

or withholding and identify all withheld material.

(f) Interrogatories.--The following shall apply:

(1) Each interrogatory in a civil investigative demand

shall be answered separately and fully in writing under oath

and shall be submitted under a verified certificate, in the

form the demand designates, stating that all information

required by the demand and in the demand issuee's possession,

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custody, control or knowledge has been submitted by the

following persons:

(i) if the demand issuee is a natural person, by the

demand issuee; and

(ii) if the demand issuee is not a natural person,

by the individuals responsible for answering each

interrogatory.

(2) If the demand issuee objects to an interrogatory or

any portion thereof, or otherwise withholds information, the

demand issuee shall state with particularity the reasons for

the objection or withholding and identify all withheld

information.

(g) Oral examinations.--

(1) The following shall apply:

(i) The examination of a person under a civil

investigative demand for oral testimony shall be taken

before an officer authorized to administer oaths and

affirmations by the laws of this Commonwealth or of the

place where the examination is held.

(ii) The officer shall put the witness on oath or

affirmation and, personally or by someone acting under

the officer's direction and in the officer's presence,

shall record the witness's testimony.

(iii) The testimony shall be stenographically

transcribed.

(iv) When the transcribing is complete, the officer

shall promptly transmit a copy of the transcript to the

custodian.

(v) This subsection shall not preclude the taking of

testimony by any means authorized by, and in a manner

20210SB0038PN0941 - 23 -

consistent with, the Pennsylvania Rules of Civil

Procedure or other applicable court rule.

(2) The false claims investigator conducting the

examination shall exclude from the place where the

examination is held all persons except the following:

(i) the witness giving the testimony;

(ii) the attorney for the witness;

(iii) the attorney for the Commonwealth;

(iv) the officer before whom the testimony is to be

taken;

(v) the court reporter taking the testimony; and

(vi) any other person agreed to by the witness and

the attorney for the Commonwealth.

(3) Oral testimony taken under a civil investigative

demand shall be taken in the county or city within which the

person resides, is found, or transacts business, or in a

place to which the false claims investigator and the witness

otherwise agree.

(4) The following shall apply:

(i) When the transcript of testimony is completed,

the false claims investigator or the officer before whom

the testimony is taken shall afford the witness, who may

be accompanied by counsel, a reasonable opportunity to

examine and read the transcript, unless the witness

waives the reading and examination.

(ii) The officer or false claims investigator shall

enter and identify on the transcript any changes in form

or substance that the witness desires to make with a

statement of the reasons the witness gives for making the

changes.

20210SB0038PN0941 - 24 -

(iii) The witness shall sign the transcript after

the changes, if any, are made, unless the witness waives

the signing in writing, is ill, cannot be found, or

refuses to sign. If the witness does not sign the

transcript within 30 days after being afforded a

reasonable opportunity to sign it, the officer or false

claims investigator shall sign it and state on the record

the fact of the witness's waiver, illness, absence or

refusal to sign, together with the reasons, if any, given

for why the witness did not sign the transcript.

(iv) The officer before whom the testimony is taken

shall certify on the transcript that the witness was

sworn by the officer and the transcript is a true record

of the witness's testimony, and the officer shall

promptly deliver the transcript or send the transcript by

registered or certified mail to the custodian.

(v) Upon receiving payment of reasonable charges,

the false claims investigator shall furnish a copy of the

transcript to the witness only, except that the Attorney

General or the Attorney General's designee may, for good

cause, limit the witnesses to inspecting the official

transcript.

(5) The following shall apply:

(i) A witness compelled to appear for oral testimony

may be accompanied, represented and advised by counsel.

Counsel may advise the witness in confidence with respect

to any question asked of the witness.

(ii) The witness or counsel may object on the record

to any question, in whole or in part, and shall briefly

state for the record the reason for the objection. An

20210SB0038PN0941 - 25 -

objection may be made, received and entered upon the

record when it is claimed that the witness is entitled to

refuse to answer on the grounds of any constitutional or

legal right or privilege, including the privilege against

self-incrimination. The witness may not otherwise object

to or refuse to answer any question and may not directly

or through counsel otherwise interrupt the oral

examination. If a witness refuses to answer a question, a

petition may be filed with the court under this section

for an order compelling the witness to answer the

question.

(6) A witness appearing for oral testimony under a civil

investigative demand shall be entitled to the same fees and

allowances that are paid to witnesses in the courts of common

pleas.

(h) Refusal to comply on self-incrimination privilege

grounds.--The Attorney General may invoke the provisions of 42

Pa.C.S. § 5947 (relating to immunity of witnesses) if a demand

issuee on the grounds of privilege against self-incrimination,

refuses to:

(1) furnish documentary material or answer an

interrogatory in response to a civil investigative demand;

(2) answer a question asked during oral examination made

under a civil investigative demand; or

(3) otherwise comply with a civil investigative demand.

(i) Custody of documents, answers and transcripts.--The

following shall apply:

(1) Unless the Attorney General designates another

person, the false claims investigator identified on a civil

investigative demand shall serve as custodian of documentary

20210SB0038PN0941 - 26 -

material, interrogatory answers and oral testimony

transcripts received under this section. The Attorney General

may designate additional persons as the Attorney General

determines to be necessary to serve as deputy, alternative or

successor custodians.

(2) A false claims investigator who receives documentary

material, interrogatory answers or oral testimony transcripts

under this section shall:

( i ) if serving as custodian, take possession of the

material, answers or transcripts and be responsible for

their usage and for the return of documentary material;

( ii ) if not serving as custodian, transmit the

materials, answers or transcripts to the custodian, who

shall take possession and responsibility for the

materials, answers or transcripts.

(3) The custodian may cause the preparation of copies of

documentary material, interrogatory answers or oral testimony

transcripts as may be required for official use by a false

claims investigator or another officer or employee of the

Office of Attorney General authorized to use the materials,

answers or transcripts in connection with the taking of oral

testimony under this section.

(4) The following shall apply:

(i) Except as otherwise provided in this section, no

documentary material, interrogatory answers or oral

testimony transcripts or copies of the foregoing shall be

available for examination by any individual other than a

false claims investigator or other officer or employee of

the Office of Attorney General.

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(ii) The prohibition in subparagraph (i) shall not

apply if the person who produced material, answers or

transcripts, or in the case of a product of discovery

produced under an express demand for the material, the

person from whom or which the discovery was obtained,

consents.

(iii) Nothing in this paragraph shall be construed

to prevent disclosure to the General Assembly or to a

Commonwealth agency in furtherance of statutory or

constitutional obligations, except that disclosure shall

be subject to 18 Pa.C.S. Ch. 91 (relating to criminal

history record information).

(iv) While in the custodian's possession and under

reasonable terms and conditions as the Attorney General

prescribes, documentary material, interrogatory answers

and oral testimony transcripts shall be made available

for examination by the person that produced them or by

the person's authorized representative.

(5) The following shall apply:

(i) Notwithstanding 18 Pa.C.S. Ch. 91, an attorney

of the Office of Attorney General who is designated to

appear before a court, grand jury or Commonwealth agency

in a case or proceeding may, in connection with the case

or proceeding, obtain from the custodian and use any

documentary material, interrogatory answers or oral

testimony transcripts that the attorney determines is

required.

(ii) Upon the case or proceeding's completion, the

attorney shall return to the custodian documentary

material, interrogatory answers or oral testimony

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transcripts that have not passed into the court's, grand

jury's or agency's control through introduction into the

case or proceeding's record.

(6) The following shall apply:

(i) Subject to subparagraphs (ii) and (iii), upon

the written request of a person producing documentary

material in connection with a false claims investigation,

the custodian shall return the material.

(ii) The custodian shall return the material only

if:

(A) all cases or proceedings arising out of the

false claims investigation have been completed; or

(B) no case or proceeding in which the material

may be used has been commenced within a reasonable

time after completion of the examination and analysis

of all documentary material and other information

assembled in the course of the false claims

investigation.

(iii) The custodian shall not be required to return

either of the following:

(A) material that has passed into a court, grand

jury or Commonwealth agency's control through

introduction into a case or proceeding's record; or

(B) copies furnished to the false claims

investigator or made for the Attorney General under

this subsection.

(j) Judicial proceedings.--The following shall apply:

(1) The Attorney General or the Attorney General's

designee may file and serve upon a person a petition for a

court order enforcing a civil investigative demand if:

20210SB0038PN0941 - 29 -

(i) the person fails to comply with a demand served

upon the person; or

(ii) satisfactory copying or reproduction of the

material requested in the demand cannot be done and the

person refuses to surrender the material.

(2) The following shall apply:

(i) A demand issuee who has received a civil

investigative demand may file and serve upon the false

claims investigator identified in the demand a petition

for a court order modifying or setting aside the demand.

(ii) If a demand is an express demand for a product

of discovery, the person from whom discovery was obtained

may, upon receipt of the demand, file and serve upon the

false claims investigator identified in the demand a

petition for a court order modifying or setting aside

those portions of the demand requiring production of the

product of discovery.

(iii) A petition under this paragraph must be filed

within:

(A) the earlier of 20 days after the civil

investigative demand is served on the person or any

time before the return date specified in the demand;

(B) a longer period if the false claims

investigator so prescribes in writing in the demand.

(iv) A petition under this paragraph shall specify

each ground the petitioner relies on in seeking relief

and may be based on either of the following:

(A) failure of the civil investigative demand,

or any portion thereof, to comply with this section's

20210SB0038PN0941 - 30 -

provisions; or

(B) any constitutional or other legal right or

privilege of the petitioner.

(v) During the pendency of a petition under this

paragraph, the following shall apply:

(A) The court may stay, as it deems proper,

compliance with all or part of the demand and the

running of time allowed for compliance with the

demand.

(B) The petitioner must comply with any portion

of the demand that is not sought to be modified or

set aside, or otherwise subject to a stay issued by

the court.

(3) At any time a custodian possesses or is in custody

or control of documentary material, interrogatory answers or

transcripts of oral testimony given under a civil

investigative demand, the following persons may file and

serve upon the custodian a petition for a court order

requiring the custodian to perform a duty imposed on the

custodian by this section:

(i) the demand issuee that furnished the material,

answers or testimony; and

(ii) in the case of an express demand for a product

of discovery, the person from whom discovery was

obtained.

(4) The following shall apply:

(i) The court shall have jurisdiction to hear and

determine a petition filed under this section and, after

a hearing at which all parties have the opportunity to be

heard, to enter orders as may be required to carry out

20210SB0038PN0941 - 31 -

the provisions of this section.

(ii) A final order entered by Commonwealth Court

under this section shall be subject to appeal to the

Supreme Court under 42 Pa.C.S. § 723 (relating to appeals

from Commonwealth Court).

(k) Exemption from disclosure.--The Office of Attorney

General shall be exempt from disclosing under the act of

February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law,

documentary material, interrogatory answers and oral testimony

provided under a civil investigative demand.

(l) Definitions.--For purposes of this section, the

following words and phrases shall have the meanings given to

them in this subsection unless the context clearly indicates

otherwise:

"Custodian." The false claims investigator or other

custodian or a deputy or alternate custodian designated by the

Attorney General under subsection (i).

"Demand issuee." A person to whom or which a civil

investigative demand is issued or directed.

"Documentary material." Includes the original or a copy of a

book, record, report, memorandum, paper, communication,

tabulation, chart or other document or data compilations stored

or accessible through computer or other information retrieval

systems, together with appropriate and succinct instructions and

all other materials necessary to use or interpret the data

compilations, and a product of discovery.

"False claims investigation." An inquiry conducted by a

false claims investigator for the purposes of ascertaining

whether a person is or has been engaged in a violation of this

article.

20210SB0038PN0941 - 32 -

"False claims investigator." An attorney or investigator

employed by the Office of Attorney General, or by a district

attorney designated under section 1412-D(a)(2), who is charged

with the duty of enforcing or carrying out the provisions of

this article, or an officer or employee of the Commonwealth

acting under the attorney or investigator's direction and

supervision in connection with a false claims investigation.

"Legal entity." A person other than a natural person.

"Person." As defined in 1 Pa.C.S. § 1991 (relating to

definitions).

"Product of discovery." The term includes:

(1) the original or duplicate of a deposition

interrogatory, document, thing, result of the inspection of

land or other property, examination or admission that is

obtained by any method of discovery in a judicial or

administrative proceeding of an adversarial nature;

(2) a digest, analysis, selection, compilation or

derivation of an item listed in paragraph (1); and

(3) an index or other manner of access to an item listed

in paragraph (1).

"Verified." Supported by oath or affirmation and averred

subject to the penalties of 18 Pa.C.S. § 4904 (relating to

unsworn falsification to authorities).

Section 1413.1-D. Access and sharing of information.

(a) Criminal investigation or prosecution information.--The

following shall apply:

(1) Notwithstanding the provisions of 18 Pa.C.S. Ch. 91

(relating to criminal history record information) or any

other law, and as necessary to advance an investigation or

prosecution of a potential or actual violation of section

20210SB0038PN0941 - 33 -

1411-D, the Attorney General may access and share data,

records, documents or other information obtained during the

course of a criminal investigation or prosecution with the

following:

(i) A section, unit or individual employee or agent

of the Office of Attorney General authorized and

designated by the Attorney General to investigate or

prosecute a potential or actual violation of section

1411-D, including a district attorney designated under

section 1412-D(a)(2).

(ii) The United States Department of Justice.

(iii) The appropriate civil prosecutorial authority

of another jurisdiction.

(2) A recipient under paragraph (1)(i) shall be subject

to the provisions of 18 Pa.C.S. Ch. 91 relating to further

disclosure, dissemination and sharing of the information with

noncriminal justice agencies, departments and individuals,

except as permitted under paragraph (1)(ii) and (iii).

(b) Sharing information with qui tam plaintiff.--Except as

otherwise prohibited by law, information the Attorney General or

the Attorney General's designee obtains under section 1413-D may

be shared with a qui tam plaintiff, if the Attorney General or

designee determines it is necessary as part of a false claims

investigation conducted under this article.

Section 1414-D. Deposit of Commonwealth's share of proceeds.

(a) Distribution and division.--The Commonwealth's share of

the proceeds of an action or settlement under this article, not

including the costs under section 1411-D(c) and less any amount

legally required to be paid from the Commonwealth's share, shall

be distributed in the following manner:

20210SB0038PN0941 - 34 -

(1) An amount equal to 10% of the total enforcement

costs shall be distributed from the Commonwealth's share to

the Office of Attorney General and, if applicable, a district

attorney designated under section 1412-D(a)(2), in proportion

equal to each office's percentage of the enforcement costs.

Money distributed under this paragraph shall be reserved for

use by the Medicaid Fraud Control Section.

(2) After distribution under paragraph (1), an amount

sufficient to reimburse the damages sustained by Commonwealth

agencies as a result of a violation of section 1411-D shall

be distributed from the Commonwealth's share to the agencies.

A Commonwealth agency that distributed money under this

paragraph shall use the money to reimburse the programs

administered by the agency whose funds were diminished as a

result of the violation.

(3) The amount from the Commonwealth's share remaining

after distribution under paragraphs (1) and (2) shall be

deposited into the Budget Stabilization Reserve Fund.

(b) Definition.--As used in this section, the term

"enforcement costs" means the costs awarded under section 1411-

D(c) to the Attorney General and, if applicable, to a district

attorney designated under section 1412-D(a)(2).

Section 1415-D. Annual report.

(a) Report required.--The Attorney General shall prepare an

annual report concerning actions taken under this article by

December 31 each year, beginning December 31, 2021. The report

shall be submitted to the following:

(1) The Governor.

(2) The Department of Auditor General.

(3) The Independent Fiscal Office.

20210SB0038PN0941 - 35 -

(4) The Office of Inspector General.

(5) The members of the General Assembly.

(6) The Legislative Budget and Finance Committee.

(b) Contents.--The report shall include the following:

(1) The number of actions filed under this article by

the Attorney General.

(2) The number of actions filed under this article by

the Attorney General that were completed.

(3) The amount that was recovered in actions filed under

this article by the Attorney General through settlement or

through a judgment and, if known, the amount recovered for

damages, penalties and litigation costs.

(4) The number of actions filed under section 1412-D by

a person other than the Attorney General.

(5) The number of actions filed under section 1412-D by

a person other than the Attorney General that were completed.

(6) The amounts that were recovered in actions filed

under section 1412-D by a person other than the Attorney

General through settlement or through a judgment and, if

known, the amounts recovered for damages, penalties and

litigation costs and the amounts recovered by the

Commonwealth and the person.

(7) The amount expended by the Commonwealth for

investigation, litigation and all other costs for legal

claims under this article.

(8) A narrative describing the most notable or prevalent

violations of section 1411-D and recommendations on how

Commonwealth agencies may prevent similar violations from

occurring.

(9) Legislative recommendations the Attorney General may

20210SB0038PN0941 - 36 -

have for amendments to this article and any other law as it

relates to this article.

Section 1416-D. Statute of limitations, burden of proof and

estoppel.

(a) Statute of limitations.--

(1) (i) Subject to subparagraph (ii), a civil action

under section 1412-D may not be brought more than 10 years

after the date on which the violation was committed.

(ii) If a violation is part of a continuing course

of conduct, a civil action under section 1412-D may not

be brought more than 10 years after the date on which the

last violation in the continuing course of conduct was

committed.

(2) If the Commonwealth elects to intervene and proceed

with an action brought under section 1412-D(b), the following

shall apply:

(i) The Commonwealth may file its own complaint or

amend the qui tam plaintiff's complaint in order to

clarify or add detail to the legal claims and add any

additional claims with respect to which the Commonwealth

contends it is entitled to relief.

(ii) The Commonwealth's pleading shall relate back

to the filing date of the qui tam plaintiff's complaint

to the extent that the Commonwealth's legal claims arise

out of the conduct, transactions or occurrences set

forth, or attempted to be set forth, in the qui tam

plaintiff's complaint.

(b) Burden of proof.--In an action brought under section

1412-D, the Commonwealth or the qui tam plaintiff shall be

required to prove all essential elements of the cause of action,

20210SB0038PN0941 - 37 -

including damages, by a preponderance of the evidence.

final judgment rendered in the Commonwealth's favor in a

criminal proceeding charging false statements or fraud, whether

upon a verdict after trial or upon a plea of guilty or nolo

contendere, shall estop the defendant from denying the essential

elements of the offense in an action brought under section 1412-

D that involves the same transaction as in the criminal

proceeding.

Section 1417-D. Relief from retaliatory actions.

(a) General rule.--An employee, contractor or agent shall be

entitled to all relief necessary to make the employee,

contractor or agent whole, if the employee, contractor or agent

is discharged, demoted, suspended, threatened, harassed or in

any other manner discriminated against in the terms and

conditions of employment, contract or agency because of lawful

acts done by the employee, contractor, agent or associated

others in furtherance of an action under this article or other

efforts to stop one or more violations of this article.

(b) Relief.--Relief under subsection (a) shall include

reinstatement with the same seniority status that the employee,

contractor or agent would have had but for the discrimination,

two times the amount of back pay, interest on the back pay and

compensation for special damages sustained as a result of the

discrimination, including litigation costs and reasonable

attorney fees.

brought more than three years after the date on which the

retaliation occurred.

Section 1418-D. Actions and remedies under other laws.

20210SB0038PN0941 - 38 -

(a) Actions and remedies not exclusive.--The provisions of

this article are not exclusive and the actions and remedies

provided for in this article shall be in addition to any other

actions and remedies provided for in any other law or available

under the common law.

(b) Construction.--The availability of an action or remedy

provided for in any other law or available under the common law

shall not be construed to exclude, impair or limit the

availability or use of the provisions of this article.

article shall not abrogate or modify any existing statutory or

common law privilege or immunity.

Section 1419-D. Qualification of article for increased share of

recoveries.

(a) Submission.--Within 30 days after the effective date of

this article, the Attorney General shall submit a copy of this

article and any other relevant information to the Office of

Inspector General, United States Department of Health and Human

Services and request a determination that this article meets the

requirements of section 1909(b) of the Social Security Act (49

Stat. 620, 42 U.S.C. § 1396h(b)), in order to qualify the

Commonwealth for an increased share of amounts recovered under

this article with respect to false or fraudulent claims

submitted to the medical assistance program.

(b) Review and recommendations.--If the Office of Inspector

General, United States Department of Health and Human Services

determines that this article does not meet the requirements of

section 1909(b) of the Social Security Act, the Attorney General

shall prepare and transmit to the officials designated in

section 1415-D(a), a report explaining the reasons for the

20210SB0038PN0941 - 39 -

denial and suggested revisions to this article which would cause

this article to meet the requirements of section 1909(b) of the

Social Security Act.

Section 1420-D. Rules of procedure.

Except as otherwise set forth in, or where clearly

inconsistent with, this article, proceedings under this article

shall be governed by the Pennsylvania Rules of Civil Procedure

or other applicable court rule.

Section 1421-D. Implementation.

(a) Regulations.--The Attorney General is empowered and

authorized to promulgate regulations as necessary to carry out

the purposes of this article.

(b) Guidelines.--The following shall apply:

(1) In order to facilitate the speedy implementation of

this article, in lieu of initially promulgating regulations,

the Attorney General may promulgate, adopt and use guidelines

which shall be transmitted to the Legislative Reference

Bureau for publication in the Pennsylvania Bulletin. A

guideline promulgated under this section shall not be subject

to review under any of the following:

(i) Section 612 of the act of April 9, 1929

(P.L.177, No.175), known as The Administrative Code of

1929.

(ii) Sections 201, 202, 203, 204 and 205 of the act

of July 31, 1968 (P.L.769, No.240), referred to as the

Commonwealth Documents Law.

(iii) Sections 204(b) and 301(10) of the act of

October 15, 1980 (P.L.950, No.164), known as the

Commonwealth Attorneys Act.

(iv) The act of June 25, 1982 (P.L.633, No.181),

20210SB0038PN0941 - 40 -

known as the Regulatory Review Act.

(2) A guideline promulgated under this section shall be

effective for three years after the effective date of this

article, after which it shall be promulgated as a regulation.

regulation, guideline or internal policy, shall implement

provisions to:

(1) control a person's disclosure, dissemination,

sharing or use of information that is protected under 18

Pa.C.S. Ch. 91 (relating to criminal history record

information) and that the person lawfully obtains in

connection with an investigation or prosecution of a

potential or actual violation of section 1411-D; and

(2) in accordance with section 1413.1-D(b), prevent the

unauthorized further disclosure, dissemination, sharing or

use of protected information.

Section 1422-D. Jurisdiction; Attorney General as relator in

false claims act ions.

(a) Jurisdiction.--An action or petition under this article

shall be filed in a court of competent jurisdiction. The

following shall apply:

(1) An action or petition that is brought in the courts

of the Commonwealth shall be filed in Commonwealth Court.

(2) Commonwealth Court shall have jurisdiction over a

legal claim asserted under the laws of the United States, a

state or a local government, which arises from the same

transaction or occurrence as an action brought under this

article.

(b) Attorney General as relator.--To the extent permitted by

Federal law the Attorney General may bring an action as a

20210SB0038PN0941 - 41 -

relator under 31 U.S.C. § 3730 (relating to civil actions for

false claims) with respect to any act for which a person may be

held liable under 31 U.S.C. Ch. 37 (relating to claims).

Federal Government or a state or local government that is named

as a coplaintiff with the Commonwealth in an action brought

under this article, the following shall apply to a seal on the

action ordered by the court under section 1412-D(b):

(1) The seal shall not preclude the Commonwealth or the

qui tam plaintiff from:

(i) serving the complaint or other pleadings or

filings upon the law enforcement authorities that are

authorized under the law of that Federal, State or local

government to investigate and prosecute the actions on

the government's behalf; or

(ii) disclosing to the law enforcement authorities

substantially all material evidence and information the

Commonwealth or the qui tam plaintiff possesses.

(2) The seal shall apply to the law enforcement

authorities so served to the same extent as the seal applies

to other parties in the action.

(d) Definition.--For purposes of this section, the term

"state" includes the District of Columbia, the Commonwealth of

Puerto Rico, the Virgin Islands and all insular territories of

the United States.

Section 1423-D. Expiration.

This article shall expire as follows:

(1) Except as provided in paragraph (2), this article

shall expire 20 years after the effective date of this

section.

20210SB0038PN0941 - 42 -

(2) This article's expiration shall not apply to or

otherwise affect the following:

(i) A violation of this article that occurred before

this article's expiration.

(ii) An investigation of an alleged violation of

this article that commenced, but was not completed,

before this article's expiration.

Section 2. This act shall take effect in 120 days.

20210SB0038PN0941 - 43 -