NY State Senate Bill 2017-S3122

Archive: Last Bill Status - In Senate Committee Finance 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to finance
Jan 19, 2017	referred to finance

co-Sponsors

2017-S3122 (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: Appropriations
Laws Affected:: Add Art 11-A §§233 - 238, Exec L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S6695
2013-2014: S2783
2015-2016: S1777
2019-2020: S3595

2017-S3122 (ACTIVE) - Summary

Creates the office of the law enforcement inspector general to oversee the intelligence operations of state and local law enforcement agencies; makes an appropriation therefor.

2017-S3122 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3122

 TITLE OF BILL :

An act to amend the executive law, in relation to establishing the
office of the law enforcement inspector general; and making an
appropriation therefor

 PURPOSE :

To establish an independent state inspector general for law
enforcement and agencies involved in intelligence gathering.

 SUMMARY OF PROVISIONS :

Section 1 - Establishes the office of law enforcement inspector
general organized under a new article. This section creates the
authority of the office to include all state and local law enforcement
and intelligence agencies operating in New York. It further
establishes the powers and duties of the inspector general.  This
section also mandates reporting requirements.

Section 2 - Appropriations

Section 3 - Establishes the effective date.

 EFFECTS OF THE PRESENT LAW WHICH THIS BILL WOULD ALTER :

None.

 JUSTIFICATION :

Protecting the public trust from waste, fraud, and abuse is a
principle established by the founders of our nation. In 1777,
President Washington appointed an New Yorker, Friedrich W. A. von
Steuben as an inspector general of the Army (Patricia Salkin & Zachary
Kansler, Ensuring Public Trust at the Municipal Level:  Inspectors
General Enter the Mix, Albany Law Review Vol. 75, No.1).

Over the years we have found the need to establish inspectors general
throughout New York. In 1873, the Legislature established commissioner
of accounts to investigate corruption in New York City.  Since then,
the office State Inspector General and most recently the Medicaid
Inspector General were created. These institutions ensure transparency
and accountability.

According to a recent report by Professor James Steiner, Improving
home- land Security at the State Level, Needed: State-level,
Integrated Intelligence Enterprises at least 1,500 - 1,600 field
intelligence officers operate throughout New York state. These
officers are full-time law enforcement officers who also serve as
intelligence officer and are directed by the New York State
Intelligence Center.

In addition, according to the Washington Posts report Top Secret
America, there are at least 1,000 officers in the New York ;police
Department that engage in intelligence and counter-terrorism
activities. Recent reports by the Associated Press reveal that the
NYPD has conducted surveillance operations based on religion. The NYPD
engaged in surveillance of college students, businesses, non-profit
organizations, and religious organizations well beyond their
jurisdiction including other states. Through various federal programs,
we know the New York police Department and other law enforcement
agencies have received billions in federal funding since the tragic
attack on September 11, 2001. Unfortunately, very little is known
about these entities, the data they collect, and their operations.
This bill seeks to ensure that tax dollars are used lawfully and to
prevent waste, fraud, and abuse by state and local law enforcement
engaged intelligence activities.

 LEGISLATIVE HISTORY :

2015-2016: S.1777A - Amend and Recommit to Finance
2013-2014: S.2783A - Referred to Finance
2011-2012: S.6695/A.9779 - Referred to Finance/Referred to Gov't Ops

 FISCAL IMPLICATION :

To be determined.

 EFFECTIVE DATE :
180th day after, with provisions.

2017-S3122 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3122
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 19, 2017
                                ___________
 
 Introduced  by  Sens.  PARKER, AVELLA -- read twice and ordered printed,
   and when printed to be committed to the Committee on Finance
 
 AN ACT to amend the executive  law,  in  relation  to  establishing  the
   office  of the law enforcement inspector general; and making an appro-
   priation therefor

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The executive law is amended by adding a new article 11-A
 to read as follows:
                               ARTICLE 11-A
              OFFICE OF THE LAW ENFORCEMENT INSPECTOR GENERAL
 SECTION 233. DEFINITIONS.
         234. ESTABLISHMENT AND ORGANIZATION.
         235. JURISDICTION.
         236. POWERS AND DUTIES.
         237. ANNUAL REPORTS.
         238. DISCLOSURE OF INFORMATION.
   § 233. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE, THE FOLLOWING  TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   1.  "INSPECTOR"  SHALL  MEAN  THE  LAW  ENFORCEMENT  INSPECTOR GENERAL
 CREATED BY THIS ARTICLE.
   2. "INTELLIGENCE OPERATIONS" SHALL MEAN THE  VARIETY  OF  INTELLIGENCE
 AND  COUNTERINTELLIGENCE  TASKS  THAT ARE CARRIED OUT BY LAW ENFORCEMENT
 AND INTELLIGENCE AGENCIES, WHICH SHALL INCLUDE BUT  NOT  BE  LIMITED  TO
 ANALYSIS  AND  PRODUCTION;  COLLECTION;  DISSEMINATION  AND INTEGRATION;
 EVALUATION AND FEEDBACK; PLANNING  AND  DIRECTION;  AND  PROCESSING  AND
 EXPLOITATION  OF  INFORMATION  COLLECTED  FROM  TARGETED  INDIVIDUALS OR
 GROUPS.
   3. "INTELLIGENCE AGENCIES" SHALL MEAN ANY GOVERNMENT AGENCIES  RESPON-
 SIBLE  FOR  THE  COLLECTION, ANALYSIS OR EXPLOITATION OF INFORMATION AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06585-01-7

 S. 3122                             2
 
 INTELLIGENCE IN SUPPORT OF LAW ENFORCEMENT, NATIONAL  SECURITY,  DEFENSE
 AND HOMELAND SECURITY OBJECTIVES.
   4.  "LAW ENFORCEMENT AGENCIES" SHALL MEAN ANY ORGANIZATIONAL UNITS, OR
 SUBUNITS, OF THE FEDERAL, STATE, COUNTY OR MUNICIPAL GOVERNMENT WITH THE
 PRINCIPLE FUNCTIONS OF PREVENTION, DETECTION, AND INVESTIGATION OF CRIME
 AND THE APPREHENSION OF ALLEGED OFFENDERS.
   § 234. ESTABLISHMENT AND ORGANIZATION. 1. THERE IS HEREBY  ESTABLISHED
 THE  OFFICE  OF  THE  LAW ENFORCEMENT INSPECTOR GENERAL IN THE EXECUTIVE
 DEPARTMENT. THE HEAD OF THE OFFICE SHALL BE THE INSPECTOR WHO  SHALL  BE
 APPOINTED  BY  THE  GOVERNOR,  BY AND WITH THE ADVISE AND CONSENT OF THE
 SENATE.
   2. THE INSPECTOR SHALL HOLD OFFICE FOR A TERM OF FIVE YEARS.
   3. THE INSPECTOR SHALL REPORT DIRECTLY TO THE GOVERNOR.
   4. SUCH PERSON APPOINTED AS INSPECTOR SHALL, UPON HIS OR HER  APPOINT-
 MENT,  HAVE  NOT LESS THAN TEN YEARS PROFESSIONAL EXPERIENCE IN AREAS OF
 LAW ENFORCEMENT AND LAW ENFORCEMENT TRAINING,  PROVIDED  THE  EXPERIENCE
 INVOLVES EXPERTISE IN INTELLIGENCE OPERATIONS.
   5.  SUCH  PERSON APPOINTED AS INSPECTOR SHALL BE SUBJECT TO A SECURITY
 CLEARANCE INVESTIGATION BY A FEDERAL  GOVERNMENT  AGENCY  AUTHORIZED  TO
 PERFORM SUCH INVESTIGATIONS.
   6.  THE SALARY OF THE INSPECTOR SHALL NOT EXCEED THE SALARY OF CERTAIN
 STATE OFFICERS AS DEFINED IN SECTION  ONE  HUNDRED  SIXTY-NINE  OF  THIS
 CHAPTER.
   §  235.  JURISDICTION.  THIS ARTICLE SHALL, SUBJECT TO THE LIMITATIONS
 CONTAINED HEREIN, CONFER UPON THE OFFICE OF THE LAW ENFORCEMENT  INSPEC-
 TOR  GENERAL JURISDICTION OVER ALL COVERED AGENCIES. FOR THE PURPOSES OF
 THIS ARTICLE "COVERED AGENCY" SHALL INCLUDE ALL STATE AND LOCAL  GOVERN-
 MENT  LAW  ENFORCEMENT AND INTELLIGENCE AGENCIES, INCLUDING THE DIVISION
 OF HOMELAND SECURITY AND EMERGENCY  SERVICES,  ENGAGED  IN  INTELLIGENCE
 OPERATIONS.
   §  236.    POWERS AND DUTIES. 1. GENERAL. (A) THE INSPECTOR SHALL MAKE
 ANY INVESTIGATION OF THE COVERED AGENCIES DIRECTED BY THE  GOVERNOR,  OR
 THE SENATE AND THE ASSEMBLY ACTING BY JOINT RESOLUTION.
   (B)  THE  INSPECTOR  IS  AUTHORIZED AND EMPOWERED TO MAKE ANY STUDY OR
 INVESTIGATION OF THE COVERED AGENCIES THAT IN HIS OR HER OPINION MAY  BE
 IN  THE BEST INTERESTS OF THE STATE, INCLUDING BUT NOT LIMITED TO INVES-
 TIGATIONS OF THE AFFAIRS, FUNCTIONS,  ACCOUNTS,  METHODS,  PERSONNEL  OR
 EFFICIENCY  OF  ANY  COVERED  AGENCY,  OR WHETHER SUCH COVERED AGENCY OR
 AGENCIES ARE ACTING IN COMPLIANCE WITH ALL APPLICABLE FEDERAL, STATE  OR
 LOCAL LAWS, REGULATIONS OR RULES, OR LOCAL ORDINANCES.
   (C) FOR ANY INVESTIGATION MADE PURSUANT TO THIS SECTION, THE INSPECTOR
 SHALL  PREPARE  A  WRITTEN  REPORT  OR  STATEMENT  OF FINDINGS AND SHALL
 FORWARD A COPY OF SUCH REPORT OR STATEMENT TO THE REQUESTING  PARTY,  IF
 ANY.  IN  THE EVENT THAT THE MATTER INVESTIGATED INVOLVES OR MAY INVOLVE
 ALLEGATIONS OF CRIMINAL CONDUCT, OR CONDUCT THAT  VIOLATES  ANY  OR  ALL
 APPLICABLE  FEDERAL,  STATE  OR  LOCAL LAWS, REGULATIONS, RULES OR LOCAL
 ORDINANCES, THE INSPECTOR, UPON COMPLETION OF THE  INVESTIGATION,  SHALL
 ALSO  FORWARD  A COPY OF HIS OR HER WRITTEN REPORT OR STATEMENT OF FIND-
 INGS TO THE GOVERNOR, AND TO THE ATTORNEY GENERAL OF NEW YORK  STATE  OR
 APPROPRIATE  PROSECUTING  ATTORNEY, OR, IN THE EVENT THE MATTER INVESTI-
 GATED INVOLVES OR MAY  INVOLVE  A  CONFLICT  OF  INTEREST  OR  UNETHICAL
 CONDUCT, AS SUCH ARE DEFINED IN THE PUBLIC OFFICERS LAW AND ALL APPLICA-
 BLE  LOCAL  MUNICIPAL  CODES  OF  ETHICS,  TO THE BOARD OF ETHICS OF THE
 APPROPRIATE POLITICAL ENTITY OR SUBDIVISION.
   (D) THE JURISDICTION OF THE INSPECTOR  SHALL  EXTEND  TO  ANY  COVERED
 AGENCY,  OFFICER,  OR EMPLOYEE OF SUCH AGENCIES, OR ANY PERSON OR ENTITY

 S. 3122                             3
 
 DOING BUSINESS WITH SUCH AGENCIES, OR ANY PERSON OR ENTITY WHO  IS  PAID
 OR RECEIVES MONEY FROM OR THROUGH THE COVERED AGENCIES.
   (E)  THE  INSPECTOR  MAY  APPOINT  THREE DEPUTIES, EITHER OF WHOM MAY,
 SUBJECT TO THE DIRECTION OF THE INSPECTOR, CONDUCT  OR  PRESIDE  AT  ANY
 INVESTIGATIONS  AUTHORIZED  BY  THIS  CHAPTER.  THE  INSPECTOR  MAY ALSO
 APPOINT SUCH DIRECTORS, ASSISTANTS AND OTHER OFFICERS AND  EMPLOYEES  AS
 MAY BE NEEDED FOR THE PERFORMANCE OF HIS OR HER DUTIES AND MAY PRESCRIBE
 THEIR  DUTIES  AND  FIX THEIR COMPENSATION WITH THE AMOUNTS APPROPRIATED
 THEREFOR.
   2. INVESTIGATIONS. (A)(I) FOR THE PURPOSE  OF  ASCERTAINING  FACTS  IN
 CONNECTION  WITH  ANY STUDY OR INVESTIGATION AUTHORIZED BY THIS CHAPTER,
 THE INSPECTOR AND EACH DEPUTY  SHALL  HAVE  FULL  POWER  TO  COMPEL  THE
 ATTENDANCE OF WITNESSES, INCLUDING BUT NOT LIMITED TO THE POWER TO ISSUE
 SUBPOENAS  AND SUBPOENAS DUCES TECUM, TO ADMINISTER OATHS AND TO EXAMINE
 SUCH PERSONS AS HE OR SHE MAY DEEM NECESSARY.
   (II) THE INSPECTOR SHALL HAVE THE POWER TO REQUIRE THE  PRODUCTION  OF
 ANY  BOOKS  AND PAPERS DEEMED RELEVANT OR MATERIAL TO ANY INVESTIGATION,
 EXAMINATION OR REVIEW.
   (III) THE INSPECTOR SHALL HAVE THE POWER, NOTWITHSTANDING ANY  LAW  TO
 THE  CONTRARY, TO EXAMINE AND COPY OR REMOVE DOCUMENTS OR RECORDS OF ANY
 KIND PREPARED, MAINTAINED OR HELD BY ANY COVERED AGENCY. THE REMOVAL  OF
 SUCH  RECORDS SHALL BE LIMITED TO THOSE CIRCUMSTANCES, AT THE DISCRETION
 OF THE INSPECTOR, IN WHICH A COPY THEREOF IS INSUFFICIENT FOR AN  APPRO-
 PRIATE  LEGAL  OR  INVESTIGATIVE PURPOSE, PROVIDED IN SUCH INSTANCES THE
 COPYING AND RETURN OF SUCH ORIGINAL,  OR  COPY  WHERE  THE  ORIGINAL  IS
 REQUIRED FOR AN APPROPRIATE LEGAL OR INVESTIGATIVE PURPOSE, IS EXPEDITED
 AND SUCH ORIGINAL OR COPY IS READILY ACCESSIBLE BY THE COVERED AGENCY.
   (B)  THE  INSPECTOR OR ANY AGENT OR EMPLOYEE OF THE OFFICE DULY DESIG-
 NATED IN WRITING BY HIM OR HER FOR SUCH PURPOSES MAY ADMINISTER OATHS OR
 AFFIRMATIONS, EXAMINE WITNESSES IN PUBLIC OR  PRIVATE  HEARING,  RECEIVE
 EVIDENCE AND PRESIDE AT OR CONDUCT ANY SUCH STUDY OR INVESTIGATION.
   3.  REPORTS.  THE  INSPECTOR SHALL FORWARD TO THE GOVERNOR, AND TO THE
 TEMPORARY PRESIDENT OF THE SENATE  AND  SPEAKER  OF  THE  ASSEMBLY,  THE
 MINORITY  LEADERS  OF  THE SENATE AND ASSEMBLY, THE CHAIRS OF THE SENATE
 AND ASSEMBLY STANDING COMMITTEES ON INVESTIGATIONS,  THE  COMMANDANT  OF
 THE STATE POLICE, THE COMMISSIONER OF THE NEW YORK POLICE DEPARTMENT AND
 THE  ATTORNEY  GENERAL OF NEW YORK STATE, A COPY OF ALL REPORTS PREPARED
 BY THE INSPECTOR AND HIS OR HER  AGENTS  AND  EMPLOYEES  CONCERNING  THE
 AFFAIRS,  FUNCTIONS,  ACCOUNTS,  METHODS, PERSONNEL OR EFFICIENCY OF ANY
 COVERED AGENCY, UPON ISSUANCE BY THE COMMISSIONER.
   § 237. ANNUAL REPORTS. 1. THE INSPECTOR SHALL,  NO  LATER  THAN  MARCH
 THIRTY-FIRST  OF  EACH YEAR SUBMIT TO THE GOVERNOR AND THE LEGISLATURE A
 REPORT SUMMARIZING THE ACTIVITIES OF THE  OFFICE  DURING  THE  PRECEDING
 CALENDAR YEAR.
   2. (A) THE INSPECTOR SHALL NOT PUBLICLY DISCLOSE INFORMATION WHICH:
   (I) IS A PART OF ANY ONGOING CRIMINAL INVESTIGATION;
   (II) COMPROMISES AN INTELLIGENCE OPERATION;
   (III)   IS  SPECIFICALLY  PROHIBITED  FROM  DISCLOSURE  BY  ANY  OTHER
 PROVISION OF LAW.
   (B) NOTWITHSTANDING PARAGRAPH (A)  OF  THIS  SUBDIVISION,  ANY  REPORT
 UNDER THIS SECTION SHALL BE MADE AVAILABLE TO THE PUBLIC IN A FORM WHICH
 INCLUDES  INFORMATION  WITH  RESPECT  TO  A  PART OF AN ONGOING CRIMINAL
 INVESTIGATION ONLY IF SUCH INFORMATION HAS BEEN  INCLUDED  IN  A  PUBLIC
 RECORD.

 S. 3122                             4
 
   §  238.  DISCLOSURE  OF  INFORMATION. THE INSPECTOR SHALL NOT DISCLOSE
 INFORMATION WHICH IS PROHIBITED FROM DISCLOSURE BY ANY  OTHER  PROVISION
 OF LAW.
   §  2. The sum of ten million dollars ($10,000,000), or so much thereof
 as may be necessary, is hereby appropriated to the  office  of  the  law
 enforcement inspector general out of any moneys in the state treasury in
 the general fund to the credit of the state purposes account, not other-
 wise  appropriated,  and  made immediately available, for the purpose of
 carrying out the provisions of this act. Such moneys shall be payable on
 the audit and warrant  of  the  comptroller  on  vouchers  certified  or
 approved by the comptroller in the manner prescribed by law.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law; provided, however, that effective immediate-
 ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
 necessary for the implementation of this act on its effective  date  are
 authorized  and  directed  to  be  made  and completed on or before such
 effective date.

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Senate Bill S3122

Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee

co-Sponsors

2017-S3122 (ACTIVE) - Details

2017-S3122 (ACTIVE) - Summary

2017-S3122 (ACTIVE) - Sponsor Memo

2017-S3122 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3122

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Sponsored By

Kevin S. Parker

Archive: Last Bill Status - In Senate Committee Finance Committee

co-Sponsors

Tony Avella

2017-S3122 (ACTIVE) - Details

2017-S3122 (ACTIVE) - Summary

2017-S3122 (ACTIVE) - Sponsor Memo

2017-S3122 (ACTIVE) - Bill Text download pdf

Comments