assembly Bill A9975

Vetoed By Governor
2021-2022 Legislative Session

Relates to the liability of a person who presents false claims for money or property to the state or a local government

download bill text pdf

Sponsored By

Archive: Last Bill Status Via S8815 - Vetoed by Governor

  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Vetoed by Governor

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Actions

view actions (10)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 30, 2023 vetoed memo.199
Dec 29, 2022 delivered to governor
Jun 03, 2022 returned to senate
passed assembly
ordered to third reading cal.643
substituted for a9975
Jun 03, 2022 substituted by s8815
May 05, 2022 advanced to third reading cal.643
May 03, 2022 reported
Apr 27, 2022 referred to ways and means

Votes

view votes

May 24, 2022 - floor Vote

S8815
50
11
floor
50
Aye
11
Nay
0
Absent
2
Excused
0
Abstained
show floor vote details

Floor Vote: May 24, 2022

aye (50)
nay (11)
excused (2)

May 23, 2022 - Rules committee Vote

S8815
16
1
committee
16
Aye
1
Nay
4
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: May 23, 2022

aye (16)
nay (1)
aye wr (4)

May 17, 2022 - Finance committee Vote

S8815
16
1
committee
16
Aye
1
Nay
5
Aye with Reservations
1
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: May 17, 2022

aye (16)
nay (1)
aye wr (5)
absent (1)

A9975 (ACTIVE) - Details

See Senate Version of this Bill:
S8815
Law Section:
State Finance Law
Laws Affected:
Amd §189, St Fin L

A9975 (ACTIVE) - Summary

Relates to the liability of a person who presents false claims for money or property to the state or a local government.

A9975 (ACTIVE) - Bill Text download pdf 

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9975
 
                           I N  A S S E M B L Y
 
                              April 27, 2022
                                ___________
 
 Introduced  by  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 presents false claims for money or property to the state or
   a local government
 
   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 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, are amended to read as follows:
   (a)  This section shall apply to claims, records, [or] statements, AND
 OBLIGATIONS made under the tax law only if: (i) the net income or  sales
 of  the  person against whom the action is brought equals or exceeds one
 million dollars for any taxable  year  subject  to  any  action  brought
 pursuant to this article; (ii) the damages pleaded in such action exceed
 three  hundred  and  fifty  thousand  dollars;  [and (iii) the person is
 alleged to have violated paragraph (a), (b), (c), (d), (e), (f)  or  (g)
 of  subdivision  one of this section; provided, however, that nothing in
 this subparagraph shall be deemed to modify or restrict the  application
 of such paragraphs to any act alleged that relates to a violation of the
 tax  law] AND (III) FOR PURPOSES OF SUCH APPLICATION TO PARAGRAPH (H) OF
 SUBDIVISION ONE OF THIS SECTION,  KNOWLEDGE  SHALL  NOT  BE  ESTABLISHED
 BECAUSE  OF  AN  ACT  OCCURRING  BY  MISTAKE  OR  AS  A  RESULT  OF MERE
 NEGLIGENCE.
   (b) The attorney general shall consult with the  commissioner  of  the
 department of taxation and finance prior to filing or intervening in any
 action  under  this article that is based on the filing of false claims,
 records or statements made under the tax law ON ANY KNOWING VIOLATION OF
 THE TAX LAW. If the  state  declines  to  participate  or  to  authorize
 participation by a local government in such an action pursuant to subdi-
 vision  two  of  section one hundred ninety of this article, the qui tam
 plaintiff must obtain approval from the attorney general  before  making
 any  motion to compel the department of taxation and finance to disclose
 tax records.   NO QUI TAM  ACTION  ALLOWED  BY  THIS  SUBPARAGRAPH  THAT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.