[§661-27]  Awards to qui tam
plaintiffs.  (a)  If the State proceeds with an action brought by a person
under section 661-25, the person shall receive at least fifteen per cent but
not more than twenty-five per cent of the proceeds of the action or settlement
of the claim, depending upon the extent to which the person substantially
contributed to the prosecution of the action.  Where the action is one that the
court finds to be based primarily on disclosures of specific information, other
than information provided by the person bringing the action, relating to
allegations or transactions in a criminal, civil, or administrative hearing, in
a legislative or administrative report, hearing, audit, or investigation, or
from the news media, the court may award sums as it considers appropriate, but
in no case more than ten per cent of the proceeds, taking into account the
significance of the information and the role of the person bringing the action
in advancing the case to litigation.  Any payment to a person under this
subsection shall be made from the proceeds.  [The] person shall also receive an
amount for reasonable expenses that the court finds to have been necessarily
incurred, plus reasonable attorneys' fees and costs.  All expenses, fees, and
costs shall be awarded against the defendant.



(b)  If the State does not proceed with an
action under this section, the person bringing the action or settling the claim
shall receive an amount that the court decides is reasonable for collecting the
civil penalty and damages.  The amount shall be not less than twenty-five per
cent and not more than thirty per cent of the proceeds of the action or
settlement and shall be paid out of the proceeds.  The person shall also
receive an amount for reasonable expenses that the court finds to have been
necessarily incurred, plus reasonable attorneys' fees and costs.  All expenses,
fees, and costs shall be awarded against the defendant.



(c)  Whether or not the State proceeds with the
action, if the court finds that the action was brought by a person who planned
and initiated the violation of section 661-21 upon which the action was
brought, then the court may, to the extent the court considers appropriate,
reduce the share of the proceeds of the action that the person would otherwise
receive under subsection (a), taking into account the role of that person in
advancing the case to litigation and any relevant circumstances pertaining to
the violation.  If the person bringing the action is convicted of criminal
conduct arising from the person's role in the violation of section 661-21, that
person shall be dismissed from the civil action and shall not receive any share
of the proceeds of the action.  The dismissal shall not prejudice the right of
the State to continue the action.



(d)  If the State does not proceed with the
action and the person bringing the action conducts the action, the court may
award to the defendant its reasonable attorneys' fees and expenses if the
defendant prevails in the action and the court finds that the claim of the
person bringing the action was frivolous, vexatious, or brought primarily for
purposes of harassment.



(e)  In no event may a person bring an action
under section 661-25:



(1)  Against a member of the state senate or state
house of representatives, a member of the judiciary, or an elected official in
the executive branch of the State, if the action is based on evidence or
information known to the State.  For purposes of this section, evidence or
information known only to the person or persons against whom an action is
brought shall not be considered to be known to the State;



(2)  When the person is a present or former employee
of the State and the action is based upon information discovered by the
employee during the course of the employee's employment, unless the employee
first, in good faith, exhausted any existing internal procedures for reporting
and seeking recovery of the falsely claimed sums through official channels and
the State failed to act on the information provided within a reasonable period
of time; or



(3)  That is based upon allegations or transactions
that are the subject of a civil or criminal investigation by the State, civil
suit, or an administrative civil money penalty proceeding in which the State is
already a party. [L 2000, c 126, pt of §1]