This amendment adds authorization for civil actions by private persons under the Wyoming False Claims Act and establishes procedures, requirements, and compensation for such qui tam actions.
- Updates the short title description to explicitly reference 'authorizing civil actions' as part of what the act provides. (Page 1, line 7)
- Adds subsection (c) establishing that private persons may bring civil actions on behalf of themselves and the state, with actions brought in the state's name. Actions may be dismissed only with written consent of the attorney general or prosecuting authority and stated reasons for dismissal. (Page 16, after line 4)
- Requires that copies of complaints and material evidence be served on the attorney general or prosecuting authority, filed under seal for at least 60 days, and not served on defendant until court orders. The attorney general or prosecuting authority may elect to intervene within 60 days of receiving the complaint. (Page 16, after line 4)
- Permits the attorney general or prosecuting authority to request court extensions of the sealing period for good cause, with defendant not required to respond to complaint until 20 days after unsealing and service. (Page 16, after line 4)
- Requires the attorney general or prosecuting authority to either proceed with the action (conducted by government) or notify the court of declination, allowing the private person to continue the action. (Page 16, after line 4)
- Prohibits intervention or related actions by other persons based on the same facts as a pending private action under this subsection. (Page 16, after line 4)
- Establishes that if government proceeds and prevails, the private person receives 15% to 25% of proceeds based on contribution to prosecution, plus reasonable expenses, attorney fees, and costs awarded against defendant. (Page 16, after line 4)
- Allows courts to award defendant reasonable attorney fees and expenses if defendant prevails and the private person's claim is found to be clearly frivolous, clearly vexatious, or brought primarily for harassment. (Page 16, after line 4)
- Renumbers the existing subsection (c) to subsection (f) to accommodate the new private civil action provisions. (Page 16, line 6)
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