Bill Text: NY S05306 | 2021-2022 | General Assembly | Introduced
Bill Title: Grants the legislature the authority to direct the attorney-general by concurrent resolution to inquire into matters concerning the public peace, public safety and public justice.
Spectrum: Partisan Bill (Democrat 11-0)
Status: (Introduced - Dead) 2022-01-05 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S05306 Detail]
Download: New_York-2021-S05306-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5306 2021-2022 Regular Sessions IN SENATE March 1, 2021 ___________ Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Govern- ment Operations AN ACT to amend the executive law, in relation to granting the legisla- ture the authority to direct the attorney-general to inquire into matters concerning the public peace, public safety and public justice The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 8 of section 63 of the executive law, as 2 amended by chapter 451 of the laws of 1977, is amended to read as 3 follows: 4 8. (a) Whenever in his or her judgment the public interest requires 5 it, the attorney-general may, with the approval of the governor, and 6 when directed by the governor, shall, inquire into matters concerning 7 the public peace, public safety and public justice. For such purpose he 8 or she may, in his or her discretion, and without civil service examina- 9 tion, appoint and employ, and at pleasure remove, such deputies, offi- 10 cers and other persons as he or she deems necessary, determine their 11 duties and, with the approval of the governor, fix their compensation. 12 All appointments made pursuant to this [subdivision] paragraph shall be 13 immediately reported to the governor, and shall not be reported to any 14 other state officer or department. Payments of salaries and compensation 15 of officers and employees and of the expenses of the inquiry shall be 16 made out of funds provided by the legislature for such purposes, which 17 shall be deposited in a bank or trust company in the names of the gover- 18 nor and the attorney-general, payable only on the draft or check of the 19 attorney-general, countersigned by the governor, and such disbursements 20 shall be subject to no audit except by the governor and the attorney- 21 general. The attorney-general, his or her deputy, or other officer, 22 designated by him or her, is empowered to subpoena witnesses, compel 23 their attendance, examine them under oath before himself or herself or a EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10241-01-1S. 5306 2 1 magistrate and require that any books, records, documents [or], papers, 2 or electronic communications or records relevant or material to the 3 inquiry be turned over to him or her for inspection, examination or 4 audit, pursuant to the civil practice law and rules. If a person subpoe- 5 naed to attend upon such inquiry fails to obey the command of a subpoena 6 without reasonable cause, or if a person in attendance upon such inquiry 7 shall, without reasonable cause, refuse to be sworn or to be examined or 8 to answer a question or to produce a book [or], paper, or electronic 9 communication or record, when ordered so to do by the officer conducting 10 such inquiry, he or she shall be guilty of a misdemeanor. It shall be 11 the duty of all public officers, their deputies, assistants and subordi- 12 nates, clerks and employees, and all other persons, to render and 13 furnish to the attorney-general, his or her deputy or other designated 14 officer, when requested, all information and assistance in their 15 possession and within their power. Each deputy or other officer 16 appointed or designated to conduct such inquiry shall make a weekly 17 report in detail to the attorney-general, in form to be approved by the 18 governor and the attorney-general, which report shall be in duplicate, 19 one copy of which shall be forthwith, upon its receipt by the attorney- 20 general, transmitted by him or her to the governor. Any officer partic- 21 ipating in such inquiry and any person examined as a witness upon such 22 inquiry who shall disclose to any person other than the governor or the 23 attorney-general the name of any witness examined or any information 24 obtained upon such inquiry, except as directed by the governor or the 25 attorney-general, shall be guilty of a misdemeanor. 26 (b) Provided, further, that the legislature shall be empowered to 27 direct the attorney-general by concurrent resolution to inquire into 28 matters concerning the public peace, public safety and public justice. 29 For such purposes the attorney-general may, in his or her discretion, 30 and without civil service examination, appoint and employ, and at pleas- 31 ure remove, such deputies, officers and other persons as he or she deems 32 necessary, determine their duties and, with the approval of the legisla- 33 ture, fix their compensation. All appointments made pursuant to this 34 paragraph shall be immediately reported to the temporary president of 35 the senate and the speaker of the assembly and shall not be reported to 36 any other state officer or department. Payments of salaries and compen- 37 sation of officers and employees and of the expenses of the inquiry 38 shall be made out of funds provided by the legislature for such 39 purposes, which shall be deposited in a bank or trust company in the 40 names of the temporary president of the senate, the speaker of the 41 assembly, and the attorney-general, payable only on the draft or check 42 of the attorney-general, countersigned by the temporary president of the 43 senate and the speaker of the assembly, and such disbursements shall be 44 subject to no audit except by the legislature and the attorney-general. 45 The attorney-general, his or her deputy, or other officer, designated by 46 him or her, is empowered to subpoena witnesses, compel their attendance, 47 examine them under oath before him or her or a magistrate and require 48 that any books, records, documents, papers, or electronic communications 49 or records relevant or material to the inquiry be turned over to him or 50 her for inspection, examination or audit, pursuant to the civil practice 51 law and rules. If a person subpoenaed to attend upon such inquiry fails 52 to obey the command of a subpoena without reasonable cause, or if a 53 person in attendance upon such inquiry shall, without reasonable cause, 54 refuse to be sworn or to be examined or to answer a question or to 55 produce a book, paper, or electronic communication or record when 56 ordered to do so by the officer conducting such inquiry, he or she shallS. 5306 3 1 be guilty of a misdemeanor. It shall be the duty of all public officers, 2 their deputies, assistants and subordinates, clerks and employees, and 3 all other persons, to render and furnish to the attorney-general, his or 4 her deputy or other designated officer, when requested, all information 5 and assistance in their possession and within their power. Each deputy 6 or other officer appointed or designated to conduct such inquiry shall 7 make a weekly report in detail to the attorney-general, in a form to be 8 approved by the legislature and the attorney-general, which report shall 9 be in duplicate, one copy of which shall be forthwith, upon its receipt 10 by the attorney-general, transmitted by him or her to the temporary 11 president of the senate and the speaker of the assembly. Any officer 12 participating in such inquiry and any person examined as a witness upon 13 such inquiry who shall disclose to any person other than the legislature 14 or the attorney-general the name of any witness examined or any informa- 15 tion obtained upon such inquiry, except as directed by the legislature 16 or the attorney-general, shall be guilty of a misdemeanor. The investi- 17 gation described in this paragraph shall be entirely free from interfer- 18 ence from the governor or any other state agency or official. The attor- 19 ney-general and legislature shall be under no obligation to disclose any 20 information pertaining to such investigation with any such agency or 21 official and shall be empowered to take additional steps not prescribed 22 by this paragraph to shield the investigation from attempts to influence 23 such investigation which they deem unwarranted and inappropriate. 24 § 2. This act shall take effect immediately.
