Assembly Actions -
Senate Actions - UPPERCASE
|Jul 14, 2020
reported referred to ways and means
|May 18, 2020
referred to judiciary
Assembly Bill A10461
2019-2020 Legislative Session
Archive: Last Bill Status - In Assembly Committee
- In Committee Assembly
- On Floor Calendar Assembly
- Passed Assembly
- Delivered to Governor
- Signed By Governor
2019-A10461 (ACTIVE) - Details
2019-A10461 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 10461 I N A S S E M B L Y May 18, 2020 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Dinowitz) -- read once and referred to the Committee on Judiciary AN ACT to amend the state finance law, in relation to increasing the amount of the award to a person who initiates a qui tam action where such action includes disclosure of information related to the use of government funds during a state of emergency THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraphs (a) and (b) of subdivision 6 of section 190 of the state finance law, as amended by section 9-b of part A of chapter 56 of the laws of 2013, are amended to read as follows: (a) If the attorney general elects to convert the qui tam civil action into an attorney general enforcement action, or to permit a local government to convert the action into a civil enforcement action by such local government, or if the attorney general or a local government elects to intervene in the qui tam civil action, then the person or persons who initiated the qui tam civil action collectively shall be entitled to receive between fifteen and twenty-five percent of the proceeds recovered in the action or in settlement of the action. The court shall determine the percentage of the proceeds to which a person commencing a qui tam civil action is entitled, by considering the extent to which the plaintiff substantially contributed to the prosecution of the action. Where the court finds that the action was based primarily on disclosures of specific information (other than information provided by the person bringing the action) relating to allegations or transactions in a criminal, civil or administrative hearing, in a legislative or administrative report, hearing, audit or investigation, or from the news media, the court may award such sums as it considers appropriate, but in no case more than ten percent of the proceeds, taking into account the significance of the information and the role of the person or persons bringing the action in advancing the case to litigation. WHERE THE COURT FINDS THAT THE ACTION WAS BASED ON DISCLOSURE OF SPECIFIC INFORMATION RELATED TO THE USE OF GOVERNMENT FUNDS DURING A DECLARATION OF A STATE OF EMERGENCY, THE COURT SHALL INCREASE THE PERCENTAGE OF THE PROCEEDS TO EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
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