Assembly Bill A11066

2019-2020 Legislative Session

Relates to the liability of a person who makes or uses a false record or statement material to an obligation to pay money to the state or a local government under the tax law

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee


  • 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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2019-A11066 (ACTIVE) - Details

See Senate Version of this Bill:
S8872
Current Committee:
Assembly Ways And Means
Law Section:
State Finance Law
Laws Affected:
Amd §§188 & 189, St Fin L
Versions Introduced in Other Legislative Sessions:
2021-2022: A2506, S5319
2023-2024: S556

2019-A11066 (ACTIVE) - Summary

Relates to the liability of a person who makes or uses a false record or statement material to an obligation to pay money to the state or a local government under the tax law, or who conceals or improperly avoids or decreases an obligation to pay money to the state or a local government under the tax law.

2019-A11066 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11066
 
                           I N  A S S E M B L Y
 
                              October 7, 2020
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Weinstein)
   -- read once and referred to the Committee on Ways and Means
 
 AN ACT to amend the state finance law, in relation to the liability of a
   person who makes or uses a false record or statement  material  to  an
   obligation  to  pay money to the state or a local government under the
   tax law, or who conceals or improperly avoids or  decreases  an  obli-
   gation  to  pay money to the state or a local government under the tax
   law
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 189 of the state finance law is amended by adding a
 new subdivision 1-a to read as follows:
   1-A.  ANY  PERSON  WHO,  IN  ACCORDANCE WITH THE CRITERIA SET FORTH IN
 SUBDIVISION FOUR OF THIS SECTION:
   (A) MAKES, USES, OR CAUSES TO BE MADE  OR  USED,  A  FALSE  RECORD  OR
 STATEMENT  MATERIAL TO THEIR OWN OBLIGATION TO PAY MONEY TO THE STATE OR
 A LOCAL GOVERNMENT UNDER THE TAX LAW, OR AN OBLIGATION OF A  SUBSIDIARY,
 PARTNERSHIP, CORPORATION OR ENTITY THAT THEY CONTROL; OR
   (B) CONCEALS OR IMPROPERLY AVOIDS OR DECREASES THEIR OWN OBLIGATION TO
 PAY  MONEY  TO  THE STATE OR A LOCAL GOVERNMENT UNDER THE TAX LAW, OR AN
 OBLIGATION OF A SUBSIDIARY, PARTNERSHIP, CORPORATION OR ENTITY THAT THEY
 CONTROL; SHALL BE LIABLE FOR DAMAGES, INCLUDING  CONSEQUENTIAL  DAMAGES,
 WHICH  THE STATE OR LOCAL GOVERNMENT SUSTAINS BECAUSE OF THE ACT OF THAT
 PERSON.  FOR PURPOSES OF THIS SECTION,  CONSEQUENTIAL  DAMAGES  INCLUDES
 INTEREST OWED PURSUANT TO THE TAX LAW.
   §  2.  Paragraph  (b)  of  subdivision  3  of section 188 of the state
 finance law, as amended by chapter 379 of the laws of 2010,  is  amended
 to read as follows:
   (b)  require no proof of specific intent to defraud, provided, however
 that acts occurring by mistake or as a result of mere negligence are not
 covered by this [article] DEFINITION.
   § 3. Paragraph (a) of subdivision  4  of  section  189  of  the  state
 finance law, as amended by section 8 of part A of chapter 56 of the laws
 of 2013, is amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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