S T A T E O F N E W Y O R K
________________________________________________________________________
10248
I N A S S E M B L Y
May 15, 2024
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Zaccaro) --
read once and referred to the Committee on Judiciary
AN ACT to amend the state finance law and the cannabis law, in relation
to authorizing a qui tam proceeding for civil violations of the canna-
bis law
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (h) of subdivision 1 of section 189 of the state
finance law, as amended by section 1 of part J of chapter 57 of the laws
of 2018, is amended to read as follows:
(h) knowingly conceals or knowingly and improperly avoids or decreases
an obligation to pay or transmit money or property to the state or a
local government, or conspires to do the same; OR
(I) VIOLATES ANY CIVIL PROVISIONS OF SECTION ONE HUNDRED TWENTY-FIVE
OF THE CANNABIS LAW;
shall be liable to the state or a local government, as applicable, for
a civil penalty of not less than six thousand dollars and not more than
twelve thousand dollars, as adjusted to be equal to the civil penalty
allowed under the federal False Claims Act, 31 U.S.C. sec. 3729, et
seq., as amended, as adjusted for inflation by the Federal Civil Penal-
ties Inflation Adjustment Act of 1990, as amended (28 U.S.C. 2461 note;
Pub. L. No. 101-410), plus three times the amount of all damages,
including consequential damages, which the state or local government
sustains because of the act of that person; PROVIDED, HOWEVER, THAT THE
CIVIL PENALTY FOR VIOLATIONS OF THE CANNABIS LAW SHALL BE AS SET FORTH
IN SECTION ONE HUNDRED THIRTY-TWO OF SUCH CHAPTER.
§ 2. Subdivision 5 of section 138-a of the cannabis law, as amended by
section 14 of part G of chapter 55 of the laws of 2024, is amended to
read as follows:
5. request that the attorney general obtain judicial enforcement of an
order issued under subdivision one of this section or bring an action or
proceeding for any relief otherwise authorized under this chapter for a
violation of this chapter OR BRING AN ACTION OR PROCEEDING AUTHORIZED
UNDER SECTION ONE HUNDRED EIGHTY-NINE OF THE STATE FINANCE LAW, includ-
ing the recovery of any applicable civil penalties;
§ 3. This act shall take effect immediately.
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