Bill Text: NY A10248 | 2023-2024 | General Assembly | Introduced

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Bill Title: Authorizes qui tam proceedings for civil violations of the cannabis law.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced) 2024-05-15 - referred to judiciary [A10248 Detail]

Download: New_York-2023-A10248-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          10248

                   IN ASSEMBLY

                                      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:

     1    Section 1. Paragraph (h) of subdivision 1 of section 189 of the  state
     2  finance law, as amended by section 1 of part J of chapter 57 of the laws
     3  of 2018, is amended to read as follows:
     4    (h) knowingly conceals or knowingly and improperly avoids or decreases
     5  an  obligation  to  pay  or transmit money or property to the state or a
     6  local government, or conspires to do the same; or
     7    (i) violates any civil provisions of section one  hundred  twenty-five
     8  of the cannabis law;
     9    shall be liable to the state or a local government, as applicable, for
    10  a  civil penalty of not less than six thousand dollars and not more than
    11  twelve thousand dollars, as adjusted to be equal to  the  civil  penalty
    12  allowed  under  the  federal  False  Claims Act, 31 U.S.C. sec. 3729, et
    13  seq., as amended, as adjusted for inflation by the Federal Civil  Penal-
    14  ties  Inflation Adjustment Act of 1990, as amended (28 U.S.C. 2461 note;
    15  Pub. L. No.   101-410), plus three times  the  amount  of  all  damages,
    16  including  consequential  damages,  which  the state or local government
    17  sustains because of the act of that person; provided, however, that  the
    18  civil  penalty  for violations of the cannabis law shall be as set forth
    19  in section one hundred thirty-two of such chapter.
    20    § 2. Subdivision 5 of section 138-a of the cannabis law, as amended by
    21  section 14 of part G of chapter 55 of the laws of 2024,  is  amended  to
    22  read as follows:
    23    5. request that the attorney general obtain judicial enforcement of an
    24  order issued under subdivision one of this section or bring an action or
    25  proceeding  for any relief otherwise authorized under this chapter for a
    26  violation of this chapter or bring an action  or  proceeding  authorized
    27  under  section one hundred eighty-nine of the state finance law, includ-
    28  ing the recovery of any applicable civil penalties;
    29    § 3. This act shall take effect immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15512-01-4