State funds would not support joint operations with concealed federal officers

The proposal bars spending covered state funds on, or taking part in, joint operations with federal agents who conceal their identities while exercising law enforcement authority. The spending rule covers funds appropriated to the Department of Public Safety. The participation rule covers local governments that receive state public safety funds. The limits do not apply to peace officers acting in the course of their jobs during agency-approved undercover work, special weapons and tactics duties, or explosive recovery and disposal operations.

A person who knowingly uses, or causes someone to use, state funds to support a covered operation would be liable for damages and civil penalties. This applies to a person who knowingly uses or causes the use of state funds to support a joint operation with federal agents concealing their identities while exercising law enforcement authority. Proof that the person specifically intended to defraud is not required. Liability includes three times the damages to the state or local government, a $5,000 to $10,000 penalty for each violation, and case costs and reasonable attorney fees.

A person, the state, or a local government could bring a civil case over a violation in the name of the state or local government. The case must concern a violation of the proposed section and be brought in the name of the state or a local government. The person bringing the case must give the attorney general the complaint and the evidence they have on the day the case is filed. The attorney general or a local government may take over the case within 60 days after receiving those materials. While the case is pending, no one else may join or bring a related case, except the attorney general or a local government. The state receives money collected. The state or local government may recover reasonable case expenses and attorney fees, and the person who brought the case may recover reasonable expenses and attorney fees.