2001 Montana Legislature

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SENATE BILL NO. 12

INTRODUCED BY L. NELSON



A BILL FOR AN ACT ENTITLED: "AN ACT PROVIDING THAT AN INDIVIDUAL IS NOT CIVILLY LIABLE FOR THE GOOD FAITH REPORTING OF SUSPECTED FRAUDULENT OR CRIMINAL ACTIVITY TO A GOVERNMENTAL ENTITY; PROVIDING FOR A PRESUMPTION OF GOOD FAITH WHEN A PERSON REPORTS OR PROVIDES TO THE DEPARTMENT OF LABOR AND INDUSTRY INFORMATION RELATING TO SUSPECTED FRAUDULENT OR CRIMINAL ACTIVITY; AMENDING SECTION 39-71-106, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE AND AN APPLICABILITY DATE."



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:



     NEW SECTION.  Section 1.  No liability for reporting suspected fraudulent or criminal activity. (1) An individual may not be held liable for civil damages for reporting suspected fraudulent or criminal activity to a governmental entity if the governmental entity investigates the report and takes action against the individual or entity that is the subject of the report.

     (2) Subsection (1) does not prevent the filing of a criminal charge pursuant to Title 45, chapter 7, part 2.



     Section 1.  Section 39-71-106, MCA, is amended to read:

     "39-71-106.  No liability for reporting violation. (1) A person, including but not limited to an insurer or an employer, may not be held liable for civil damages as a result of reporting in good faith information that the person believes proves a violation of the provisions of chapter 72 or this chapter.

     (2) A report THE REPORTING OR PROVIDING of information UNDER SUBSECTION (1) is presumed to be in good faith if the workers' compensation fraud investigation and prosecution office established in 2-15-2015 investigates the report and takes action against the individual or entity that is the subject of the report. THE PRESUMPTION MAY BE OVERCOME BY A SHOWING THAT THE PERSON REPORTING OR PROVIDING THE INFORMATION WAS GROSSLY NEGLIGENT OR PROVIDED INFORMATION, KNOWING THE INFORMATION TO BE FALSE."



     NEW SECTION.  Section 3.  Codification instruction. [Section 1] is intended to be codified as an integral part of Title 27, chapter 1, part 7, and the provisions of Title 27, chapter 1, part 7, apply to [section 1].



     NEW SECTION.  Section 2.  Effective date. [This act] is effective on passage and approval.



     NEW SECTION.  Section 3.  Applicability. [This act] applies to reports and to actions arising from reports made on or after [the effective date of this act].

- END -




Latest Version of SB 12 (SB0012.02)
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