[§46-177]  Awards to qui tam plaintiffs. 
(a)  If a county proceeds with an action brought by a person under section
46-175, 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 county 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)  Regardless of whether the county proceeds
with the action, if the court finds that the action was brought by a person who
planned and initiated the violation of section 46-171 upon which the action was
brought, then the court, to the extent the court considers appropriate, may
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 46-171, 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 county to continue the action.



(d)  If the county 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 46-175:



(1)  Against any elected official of the county, if
the action is based on evidence or information known to the county.  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 county;



(2)  When the person is a present or former employee
of the county 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 county 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 county, civil
suit, or an administrative civil money penalty proceeding in which the county
is already a party. [L 2001, c 227, pt of §1]