| 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 |
| May 24, 2022 | referred to ways and means delivered to assembly passed senate |
| 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
Vetoed By Governor2021-2022 Legislative Session
Sponsored By
Liz Krueger
(D, WF) 28th Senate District
Archive: Last Bill Status - Vetoed by Governor
- Introduced
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Vetoed by Governor
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S8815 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A9975
- Law Section:
- State Finance Law
- Laws Affected:
- Amd §189, St Fin L
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
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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