senate Bill S8815

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

Current Bill Status - Passed Senate & Assembly


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

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Actions

view actions (10)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
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

Votes

view votes

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 Rules committee vote details

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 Finance committee vote details

S8815 (ACTIVE) - Details

See Assembly Version of this Bill:
A9975
Law Section:
State Finance Law
Laws Affected:
Amd §189, St Fin L

S8815 (ACTIVE) - Summary

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

S8815 (ACTIVE) - Sponsor Memo

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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