Section 6-5-406 - Kickbacks; penalties; civil action(a) A person is guilty of providing or accepting kickbacks when he knowingly: (i) Provides, attempts to provide or offers to provide any kickback;(ii) Solicits, accepts or attempts to accept any kickback; or(iii) Includes, either directly or indirectly, the amount of any kickback in the contract price charged by a subcontractor to a prime contractor or a higher-tier subcontractor or includes, either directly or indirectly, in the contract price the amount of any kickback in the contract price charged by a prime contractor to a governmental entity for a public contract.(b) Providing or accepting kickbacks is a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000.00), imprisonment for not more than one (1) year, or both.(c) A governmental entity may file a civil action to recover a civil penalty of two (2) times the amount of each kickback from any person who knowingly engages in conduct prohibited by paragraph (a)(iii) of this section. This subsection shall not be construed to limit any governmental entity from seeking to recover damages as authorized by any other law. A civil action shall not be commenced under this subsection after six (6) years of the later of the date on which:(i) The conduct establishing the civil action occurred; or(ii) The governmental entity knew or should have known that the conduct establishing the civil action occurred.Added by Laws 2021 , ch. 36, § 2, eff. 7/1/2021.