§ 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.