Bill Text: NY A07028 | 2023-2024 | General Assembly | Introduced

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Bill Title: Expands the authority of the attorney general to investigate violations of the public officers law.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - referred to governmental operations [A07028 Detail]

Download: New_York-2023-A07028-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7028

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      May 10, 2023
                                       ___________

        Introduced  by M. of A. VANEL -- read once and referred to the Committee
          on Governmental Operations

        AN ACT to amend the executive law, in relation to expanding the authori-
          ty of the attorney general to investigate  violations  of  the  public
          officers law

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 63 of the executive law is amended by adding a  new
     2  subdivision 18 to read as follows:
     3    18.  Investigate  the alleged violation of any provision of the public
     4  officers law and prosecute any such person or persons believed  to  have
     5  committed  such violations, provided that nothing herein shall interfere
     6  with  the  ability  of  district  attorneys  at  any  time  to   receive
     7  complaints,  investigate  and  prosecute  any  such crimes or violations
     8  related to the public officers law. The attorney general may request and
     9  shall receive, from any agency, department, division, board,  bureau  or
    10  commission  of  the state, or any political subdivision thereof, cooper-
    11  ation and assistance in the performance of his or  her  duties  and  may
    12  provide  assistance to any district attorney or law enforcement official
    13  requesting  assistance  in  the  investigation  or  prosecution  of  any
    14  violations of the public officers law.
    15    §  2.  Subdivision 8 of section 63 of the executive law, as amended by
    16  chapter 451 of the laws of 1977, is amended to read as follows:
    17    8. Whenever in [his] the attorney-general's judgment the public inter-
    18  est requires it, the attorney-general may,  with  the  approval  of  the
    19  governor, and when directed by the governor, shall, inquire into matters
    20  concerning  the public peace, public safety and public justice. For such
    21  purpose [he] the attorney-general may, in his  discretion,  and  without
    22  civil  service  examination, appoint and employ, and at pleasure remove,
    23  such deputies, officers and other persons as he deems necessary,  deter-
    24  mine  their  duties  and,  with  the approval of the governor, fix their

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06607-01-3
        A. 7028                             2

     1  compensation. All appointments made pursuant to this  subdivision  shall
     2  be  immediately  reported  to the governor, and shall not be reported to
     3  any other state officer or department. Payments of salaries and  compen-
     4  sation  of  officers  and  employees  and of the expenses of the inquiry
     5  shall be made  out  of  funds  provided  by  the  legislature  for  such
     6  purposes,  which  shall  be  deposited in a bank or trust company in the
     7  names of the governor and the  attorney-general,  payable  only  on  the
     8  draft  or  check of the attorney-general, countersigned by the governor,
     9  and such disbursements shall be subject to no audit except by the gover-
    10  nor and the attorney-general. The attorney-general, his deputy, or other
    11  officer, designated by him, is empowered to subpoena  witnesses,  compel
    12  their attendance, examine them under oath before himself or a magistrate
    13  and  require  that  any  books, records, documents or papers relevant or
    14  material to the inquiry be turned over to [him] the attorney-general for
    15  inspection, examination or audit, pursuant to the civil practice law and
    16  rules. If a person subpoenaed to attend upon such inquiry fails to  obey
    17  the  command  of  a subpoena without reasonable cause, or if a person in
    18  attendance upon such inquiry shall, without reasonable cause, refuse  to
    19  be  sworn or to be examined or to answer a question or to produce a book
    20  or paper, when ordered so to do by the officer conducting such  inquiry,
    21  he  shall be guilty of a misdemeanor. It shall be the duty of all public
    22  officers,  their  deputies,  assistants  and  subordinates,  clerks  and
    23  employees,  and  all  other persons, to render and furnish to the attor-
    24  ney-general, his deputy or other designated officer, when requested, all
    25  information and assistance in their possession and within  their  power.
    26  Each  deputy  or  other  officer appointed or designated to conduct such
    27  inquiry shall make a weekly report in detail to the attorney-general, in
    28  form to be approved by the  governor  and  the  attorney-general,  which
    29  report shall be in duplicate, one copy of which shall be forthwith, upon
    30  its receipt by the attorney-general, transmitted by him to the governor.
    31  Any  officer  participating in such inquiry and any person examined as a
    32  witness upon such inquiry who shall disclose to any  person  other  than
    33  the governor or the attorney-general the name of any witness examined or
    34  any  information  obtained  upon such inquiry, except as directed by the
    35  governor or the attorney-general, shall be guilty of a misdemeanor.
    36    § 3. This act shall take effect immediately.