Senate Bill S9813

2023-2024 Legislative Session

Relates to certain false claims

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Finance Committee


  • 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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2023-S9813 (ACTIVE) - Details

See Assembly Version of this Bill:
A10514
Current Committee:
Senate Finance
Law Section:
State Finance Law
Laws Affected:
Amd §§4, 188, 189, 190 & 190-b, St Fin L; amd §63, Exec L; amd §171, Tax L

2023-S9813 (ACTIVE) - Summary

Provides that the materiality test shall focus on the potential effect of the false record or statement when it is made, not on the actual effect of the false record or statement when it is discovered; provides that unless the attorney general has provided the court with written approval that the qui tam plaintiff may continue the action, the court shall dismiss the action without prejudice to any state or local government; makes related provisions.

2023-S9813 (ACTIVE) - Sponsor Memo

2023-S9813 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9813
 
                             I N  S E N A T E
 
                               May 31, 2024
                                ___________
 
 Introduced  by  Sen.  KRUEGER -- (at request of the Attorney General) --
   read twice and ordered printed, and when printed to  be  committed  to
   the Committee on Finance
 
 AN  ACT  to  amend  the state finance law, the executive law and the tax
   law, in relation to certain false claims
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph (b) of subdivision 11 of section 4 of the state
 finance law, as amended by chapter 171 of the laws of 2022,  is  amended
 to read as follows:
   (b) Paragraph (a) of this subdivision shall not apply to (1) moneys to
 be  distributed  to the federal government, to a local government, or to
 any holder of a bond or other debt instrument issued by the  state,  any
 public  authority,  or  any public benefit corporation; (2) moneys to be
 distributed solely or exclusively as a payment of damages or restitution
 to individuals or entities that were specifically injured or  harmed  by
 the  defendant's or settling party's conduct and that are identified in,
 or can be identified by the terms of, the relevant  judgment,  agreement
 to settle, assurance of discontinuance, or relevant instrument resolving
 the  claim  or  cause  of  action; (3) moneys recovered or obtained by a
 state agency or a state official or employee acting  in  their  official
 capacity  where  application  of  paragraph  (a)  of this subdivision is
 prohibited by federal law, rule, or regulation, or would result  in  the
 reduction  or  loss of federal funds or eligibility for federal benefits
 pursuant to federal law, rule, or regulation; (4)  moneys  recovered  or
 obtained  by or on behalf of a public authority, a public benefit corpo-
 ration, the department of taxation and  finance,  the  workers'  compen-
 sation  board, the New York state higher education services corporation,
 the tobacco settlement financing corporation, a state or  local  retire-
 ment  system, an employee health benefit program administered by the New
 York state department of civil service, the  Title  IV-D  child  support
 fund,  the lottery prize fund, the abandoned property fund, or an endow-
 ment of the state university of New York or  any  unit  thereof  or  any
 state  agency, provided that all of the moneys received or recovered are
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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