Assembly Actions -
Senate Actions - UPPERCASE
|Jun 03, 2022||
returned to senate
ordered to third reading cal.643
substituted for a9975
|May 24, 2022||
referred to ways and means
delivered to assembly
|May 23, 2022||
ordered to third reading cal.1458
|May 17, 2022||
reported and committed to rules
|Apr 20, 2022||
referred to finance
Senate Bill S8815
2021-2022 Legislative Session
Archive: Last Bill Status - Passed Senate & Assembly
- In Committee Assembly
- On Floor Calendar Assembly
- Passed Assembly
- Delivered to Governor
- Signed By Governor
2021-S8815 (ACTIVE) - Details
2021-S8815 (ACTIVE) - Sponsor Memo
BILL NUMBER: S8815 SPONSOR: KRUEGER TITLE OF BILL: 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 PURPOSE OR GENERAL IDEA OF BILL: Repeals a section of the State Finance Law to expand liability to weal- thy individuals and corporations that knowingly and illegally fail to file New York tax returns. SUMMARY OF SPECIFIC PROVISIONS: This bill amends section 189 of the State Finance Law by repealing subsection 4(a)iii) to make individuals and corporations with a net income or sales of over $1 million liable under the False Claims Act for knowingly and illegally failing to file tax returns that cost the state or local government at least three hundred fifty thousand dollars in
2021-S8815 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8815 I N S E N A T E April 20, 2022 ___________ Introduced by Sen. KRUEGER -- read twice and ordered printed, and when printed to be committed to the Committee on Finance 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.
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