Senate Bill S1120

2021-2022 Legislative Session

Increases 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

download bill text pdf

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Archive: Last Bill Status Via A1431 - Passed Senate


  • 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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2021-S1120 (ACTIVE) - Details

See Assembly Version of this Bill:
A1431
Law Section:
State Finance Law
Laws Affected:
Amd §190, St Fin L
Versions Introduced in 2019-2020 Legislative Session:
S8353, A10461

2021-S1120 (ACTIVE) - Summary

Requires the court to increase 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.

2021-S1120 (ACTIVE) - Sponsor Memo

2021-S1120 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1120
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              January 7, 2021
                                ___________
 
 Introduced  by Sen. KAMINSKY -- 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  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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