Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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---|---|
Jan 04, 2012 |
referred to investigations and government operations |
Feb 25, 2011 |
referred to investigations and government operations |
Senate Bill S3567
2011-2012 Legislative Session
Sponsored By
(D, WF) Senate District
Archive: Last Bill Status - In Senate Committee Investigations And Government Operations 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
Actions
2011-S3567 (ACTIVE) - Details
2011-S3567 (ACTIVE) - Sponsor Memo
BILL NUMBER:S3567 TITLE OF BILL: An act to amend the public officers law, in relation to investigation of state officers and employees PURPOSE OR GENERAL IDEA OF BILL: Establishes procedure for the issuance of a subpoena duces tecum by a state officer in an investigation of a state employee SUMMARY OF SPECIFIC PROVISIONS: § 61. Investigations by state officers. Every state officer, in any proceeding held before him or her, or in any investigation held by him or her for the purpose of making inquiry as to the official conduct of any subordinate officer or employee, shall have the power to issue subpoenas for and require the attendance of witnesses and the production of all books and papers relating to any matter under inquiry. All such subpoenas shall be issued under the hand and seal of the state officer holding such proceeding. A subpoena issued under this section shall be regulated by the civil practice law and rules. The testimony of witnesses in any such proceeding shall be under oath and the state officer instituting the proceeding shall have power to administer oaths. In the case of state boards or commissions, any member of the same, or, when duly authorized by resolution, the secretary of such board or commission, shall have power to issue
2011-S3567 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3567 2011-2012 Regular Sessions I N S E N A T E February 25, 2011 ___________ Introduced by Sen. ADAMS -- 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 public officers law, in relation to investigation of state officers and employees THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 61 of the public officers law, as amended by chap- ter 310 of the laws of 1962, is amended to read as follows: S 61. Investigations by state officers. Every state officer, in any proceeding held before him OR HER, or in any investigation held by him OR HER for the purpose of making inquiry as to the official conduct of any subordinate officer or employee, shall have the power to issue subpoenas for and require the attendance of witnesses and the production of all books and papers relating to any matter under inquiry. All such subpoenas shall be issued under the hand and seal of the state officer holding such proceeding. A subpoena issued under this section shall be regulated by the civil practice law and rules. The testimony of witnesses in any such proceeding shall be under oath and the state offi- cer instituting the proceeding shall have power to administer oaths. In THE case of state boards or commissions, any member of the same, or, when duly authorized by resolution, the secretary of such board or commission, shall have power to issue subpoenas and administer oaths for the purposes of this section. A SUBPOENA DUCES TECUM ISSUED BY THE STATE OFFICER INSTITUTING THE PROCEEDING TO A PARTY OTHER THAN A STATE OFFICER OR EMPLOYEE IN CONNECTION WITH AN INVESTIGATION OF A STATE OFFICER OR EMPLOYEE SHALL BE ACCOMPANIED BY A COURT ORDER UNLESS THE STATE OFFICER ISSUING THE SUBPOENA SERVES A COPY OF THE SUBPOENA ON THE OFFICER OR EMPLOYEE WHO IS THE SUBJECT OF THE INVESTIGATION AT LEAST SEVEN DAYS PRIOR TO THE DATE WHEN THE SUBPOENA REQUIRES THE PRODUCTION OF BOOKS OR PAPERS. S 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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