5960-S AMS BECK BUCK 455

SSB 5960 - S AMD 444

By Senator Becker

NOT ADOPTED 05/19/2011

    On page 14, beginning on line 29, after "(3)" strike all material through "dismiss." on line 31 and insert "After the sixty-day period for review has passed, the court may dismiss the qui tam action if it determines that it is more likely than not that the action being brought is clearly frivolous or vexatious, or is being brought primarily for the purposes of harassment or the relator has failed to state with particularity circumstances constituting fraud.  If the court does not dismiss the claim immediately after the sixty-day period, the court must forward the complaint to the defendant and allow the defendant thirty days to provide an answer.  If the defendant provides an answer, the court has an additional fifteen days from the date of receipt of the answer to make its determination under this subsection.  The attorney general must be given notice and an opportunity to participate in the hearing on the motion to dismiss."

EFFECT:  Permits a court to dismiss the qui tam action if it determines that the action is clearly frivolous or vexatious or is being brought to harass.   

--- END ---