Assembly Bill A11568

Signed By Governor
2009-2010 Legislative Session

Relates to fraud enforcement

download bill text pdf

Sponsored By

Archive: Last Bill Status - Signed by Governor


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-A11568 (ACTIVE) - Details

See Senate Version of this Bill:
S8378
Law Section:
State Finance Law
Laws Affected:
Amd ยงยง188, 189, 190, 191 & 192, St Fin L

2009-A11568 (ACTIVE) - Summary

Relates to fraud enforcement.

2009-A11568 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  11568

                          I N  A S S E M B L Y

                              June 27, 2010
                               ___________

Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Silver) --
  read once and referred to the Committee on Ways and Means

AN ACT to amend the state finance law, in relation to  establishing  the
  New York fraud, enforcement and recovery act

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 188 of the state finance law, as added  by  section
39  of  part  C of chapter 58 of the laws of 2007, is amended to read as
follows:
  S 188. Definitions. As used in this article, the following terms shall
mean:
  1. "Claim" (A) means any request or demand, whether under  a  contract
or  otherwise,  for  money  or  property [which is made to any employee,
officer, or agent of the state or a local government, or to any contrac-
tor, grantee or other recipient, if the  state  or  a  local  government
provides  any  portion  of  the  money or property which is requested or
demanded or will reimburse such contractor, grantee, or other  recipient
for any portion of the money or property which is requested or demanded]
THAT
  (I)  IS  PRESENTED  TO AN OFFICER, EMPLOYEE OR AGENT OF THE STATE OR A
LOCAL GOVERNMENT; OR
  (II) IS MADE TO A CONTRACTOR, GRANTEE,  OR  OTHER  RECIPIENT,  IF  THE
MONEY OR PROPERTY IS TO BE SPENT OR USED ON THE STATE OR A LOCAL GOVERN-
MENT'S  BEHALF  OR  TO  ADVANCE  A  STATE OR LOCAL GOVERNMENT PROGRAM OR
INTEREST, AND IF THE STATE OR  LOCAL  GOVERNMENT  (A)  PROVIDES  OR  HAS
PROVIDED  ANY PORTION OF THE MONEY OR PROPERTY REQUESTED OR DEMANDED; OR
(B) WILL REIMBURSE SUCH CONTRACTOR, GRANTEE, OR OTHER RECIPIENT FOR  ANY
PORTION OF THE MONEY OR PROPERTY WHICH IS REQUESTED OR DEMANDED;
  (B)  DOES  NOT  INCLUDE REQUESTS OR DEMANDS FOR MONEY OR PROPERTY THAT
THE STATE OR A LOCAL GOVERNMENT HAS ALREADY PAID  TO  AN  INDIVIDUAL  AS
COMPENSATION  FOR  GOVERNMENT EMPLOYMENT OR AS AN INCOME SUBSIDY WITH NO
RESTRICTIONS ON THAT INDIVIDUAL'S USE OF THE MONEY OR PROPERTY.
  2. "False claim" means any claim which is, either in  whole  or  part,
false or fraudulent.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

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