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.