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15C.01 DEFINITIONS.

Subdivision 1.Scope.

For purposes of this chapter, the terms in this section have the meanings given them.

Subd. 2.Claim.

"Claim" includes a request or demand, whether under a contract or otherwise, for money or property that is made by a contractor, grantee, or other recipient to the state or a political subdivision if the state or the political subdivision has provided or will provide a portion of the money or property that is requested or demanded, or if the state or the political subdivision has reimbursed or will reimburse the contractor, grantee, or other recipient for a portion of the money or property that is requested or demanded.

Subd. 3.Knowing and knowingly.

"Knowing" and "knowingly" mean that a person, with respect to information:

(1) has actual knowledge of the information;

(2) acts in deliberate ignorance of the truth or falsity of the information; or

(3) acts in reckless disregard of the truth or falsity of the information.

No proof of specific intent to defraud is required, but in no case is a person who acts merely negligently, inadvertently, or mistakenly with respect to information deemed to have acted knowingly.

Subd. 4.Original source.

"Original source" means a person who has direct and independent knowledge of information that is probative of an essential element of the allegations in an action brought under this chapter that was not obtained from a public source and who either voluntarily provided the information to the state or the political subdivision before bringing an action based on the information or whose information provided the basis for or caused an investigation, hearing, audit, or report that led to the public disclosure of the allegations or transactions upon which an action brought under this chapter is based.

Subd. 5.Person.

"Person" means a natural person, partnership, corporation, association or other legal entity but does not include the state or a political subdivision.

Subd. 6.Political subdivision.

"Political subdivision" means a political subdivision of the state and includes a department or agency of a political subdivision.

Subd. 7.Prosecuting attorney.

"Prosecuting attorney" means:

(1) the attorney general, if the false or fraudulent claim involves money, property, or services provided by the state; or

(2) the county attorney, city attorney, or other attorney representing a political subdivision, if the false or fraudulent claim involves money, property, or services provided by the political subdivision.

Subd. 8.State.

"State" means the state of Minnesota and includes a department or agency of the state.

NOTE: This section, as added by Laws 2009, chapter 101, article 2, section 24, is effective July 1, 2010. Laws 2009, chapter 101, article 2, section 24, the effective date.

Official Publication of the State of Minnesota
Revisor of Statutes