NY State Senate Bill 2021-S5306

Senate Bill S5306

2021-2022 Legislative Session

Relates to granting the legislature the power to direct the attorney-general by concurrent resolution to inquire into matters concerning the public peace, public safety and public justice

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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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to investigations and government operations
Mar 01, 2021	referred to investigations and government operations

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2021-S5306 (ACTIVE) - Details

See Assembly Version of this Bill:: A7115
Current Committee:: Senate Investigations And Government Operations
Law Section:: Executive Law
Laws Affected:: Amd §63, Exec L
Versions Introduced in 2023-2024 Legislative Session:: S53, A1688

2021-S5306 (ACTIVE) - Summary

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.

2021-S5306 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5306

SPONSOR: GOUNARDES
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

To create a process by which the legislature may refer matters of public
peace, safety and justice directly to the Attorney General for investi-
gation and review

 
SUMMARY OF PROVISIONS:

Section one of the bill adds a new paragraph b to subdivision 8 of
section 63 of the Executive Law to establish a process by which the
legislature may direct the Attorney General to initiate investigations
by passage of concurrent resolution. As there is an existing process by

which the Governor may initiative investigations, this paragraph dupli-
cates all of the same provisions surrounding appointments, disbursement
of funds, subpoena power, and weekly reporting. This paragraph further
provides that the investigation shall be free from interference from the
Executive and that the legislature and Attorney General are empowered to
take additional steps to shield it from attempts to influence.

Section two sets an immediate effective date.

 
JUSTIFICATION:

Recent allegations concerning the Governor of New York State have shed
light on the severe limitations Attorneys General are subject to when
they wish to initiate certain investigations under Section 63 of the
Executive Law. A plain reading of this statute indicates that Attorneys
General may only investigate and prosecute potentially illegal miscon-
duct by executives and agency officials when they themselves request
such investigation pursuant to subdivision 3 of Section 63. Alternative-
ly, an Attorney General may pursue an investigation if it is a matter of
"public peace, public safety and public justice" under subdivision 8,
but only with the express permission of the Governor or if directed by
him or her. As part of a subdivision 8 investigation, the Governor is
granted control over salary levels for appointments made to implement
the investigation, immediate access to names of candidates for such
appointments, power over disbursement of funds payable only by a check
of the Attorney General which the Governor must countersign, the ability
to audit disbursements, and access to a weekly report, in a format
approved by the Governor, from the deputies and other officers conduct-
ing the investigation.

This process, in which the Governor both initiates and referees an
investigation into himself, falls far short of delivering the independ-
ence and autonomy that an Attorney General needs in order to hold those
in power truly accountable. This bill aims to correct this injustice by
establishing a process by which the legislature may refer investigations
to the Attorney General under Exec Law 63(8), independent of the Execu-
tive. The bill provides that pertinent case information such as appoint-
ments and witnesses may be shared only among the deputies carrying out
the investigation, the Attorney General, and the legislature, and that
these actors are empowered to take any measures they deem necessary to
shield the investigation from inappropriate attempts to influence and
subvert it. The alternative roadmap to justice established by this bill
will help assure the people of New York that matters of alleged miscon-
duct by public officials are investigated thoroughly and with integrity.

 
PRIOR LEGISLATIVE HISTORY:

None

 
FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
Immediate

2021-S5306 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5306
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               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:
 
   Section 1. Subdivision 8 of  section  63  of  the  executive  law,  as
 amended  by  chapter  451  of  the  laws  of 1977, is amended to read as
 follows:
   8. (A) Whenever in his OR HER judgment the  public  interest  requires
 it,  the  attorney-general  may,  with the approval of the governor, and
 when directed by the governor, shall, inquire  into  matters  concerning
 the  public peace, public safety and public justice. For such purpose he
 OR SHE may, in his OR HER discretion, and without civil service examina-
 tion, appoint and employ, and at pleasure remove, such  deputies,  offi-
 cers  and  other  persons  as he OR SHE deems necessary, determine their
 duties and, with the approval of the governor, fix  their  compensation.
 All  appointments made pursuant to this [subdivision] PARAGRAPH shall be
 immediately reported to the governor, and shall not be reported  to  any
 other state officer or department. Payments of salaries and compensation
 of  officers  and  employees and of the expenses of the inquiry shall be
 made out of funds provided by the legislature for such  purposes,  which
 shall be deposited in a bank or trust company in the names of the gover-
 nor  and the attorney-general, payable only on the draft or check of the
 attorney-general, countersigned by the governor, and such  disbursements
 shall  be  subject  to no audit except by the governor and the attorney-
 general. The attorney-general, his OR  HER  deputy,  or  other  officer,
 designated  by  him  OR  HER, is empowered to subpoena witnesses, compel
 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.

                                                            LBD10241-01-1

 S. 5306                             2
 
 magistrate and require that any books, records, documents [or],  papers,
 OR  ELECTRONIC  COMMUNICATIONS  OR  RECORDS  relevant or material to the
 inquiry be turned over to him OR  HER  for  inspection,  examination  or
 audit, pursuant to the civil practice law and rules. If a person subpoe-
 naed to attend upon such inquiry fails to obey the command of a subpoena
 without reasonable cause, or if a person in attendance upon such inquiry
 shall, without reasonable cause, refuse to be sworn or to be examined or
 to  answer  a  question  or to produce a book [or], paper, OR ELECTRONIC
 COMMUNICATION OR RECORD, when ordered so to do by the officer conducting
 such inquiry, he OR SHE shall be guilty of a misdemeanor.  It  shall  be
 the duty of all public officers, their deputies, assistants and subordi-
 nates,  clerks  and  employees,  and  all  other  persons, to render and
 furnish to the attorney-general, his OR HER deputy or  other  designated
 officer,  when  requested,  all  information  and  assistance  in  their
 possession  and  within  their  power.  Each  deputy  or  other  officer
 appointed  or  designated  to  conduct  such inquiry shall make a weekly
 report in detail to the attorney-general, in form to be approved by  the
 governor  and  the attorney-general, which report shall be in duplicate,
 one copy of which shall be forthwith, upon its receipt by the  attorney-
 general,  transmitted by him OR HER to the governor. Any officer partic-
 ipating in such inquiry and any person examined as a witness  upon  such
 inquiry  who shall disclose to any person other than the governor or the
 attorney-general the name of any witness  examined  or  any  information
 obtained  upon  such  inquiry, except as directed by the governor or the
 attorney-general, shall be guilty of a misdemeanor.
   (B) PROVIDED, FURTHER, THAT THE  LEGISLATURE  SHALL  BE  EMPOWERED  TO
 DIRECT  THE  ATTORNEY-GENERAL  BY  CONCURRENT RESOLUTION TO INQUIRE INTO
 MATTERS CONCERNING THE PUBLIC PEACE, PUBLIC SAFETY AND  PUBLIC  JUSTICE.
 FOR  SUCH  PURPOSES  THE ATTORNEY-GENERAL MAY, IN HIS OR HER DISCRETION,
 AND WITHOUT CIVIL SERVICE EXAMINATION, APPOINT AND EMPLOY, AND AT PLEAS-
 URE REMOVE, SUCH DEPUTIES, OFFICERS AND OTHER PERSONS AS HE OR SHE DEEMS
 NECESSARY, DETERMINE THEIR DUTIES AND, WITH THE APPROVAL OF THE LEGISLA-
 TURE, FIX THEIR COMPENSATION. ALL APPOINTMENTS  MADE  PURSUANT  TO  THIS
 PARAGRAPH  SHALL  BE  IMMEDIATELY REPORTED TO THE TEMPORARY PRESIDENT OF
 THE SENATE AND THE SPEAKER OF THE ASSEMBLY AND SHALL NOT BE REPORTED  TO
 ANY  OTHER STATE OFFICER OR DEPARTMENT. PAYMENTS OF SALARIES AND COMPEN-
 SATION OF OFFICERS AND EMPLOYEES AND OF  THE  EXPENSES  OF  THE  INQUIRY
 SHALL  BE  MADE  OUT  OF  FUNDS  PROVIDED  BY  THE  LEGISLATURE FOR SUCH
 PURPOSES, WHICH SHALL BE DEPOSITED IN A BANK OR  TRUST  COMPANY  IN  THE
 NAMES  OF  THE  TEMPORARY  PRESIDENT  OF  THE SENATE, THE SPEAKER OF THE
 ASSEMBLY, AND THE ATTORNEY-GENERAL, PAYABLE ONLY ON THE DRAFT  OR  CHECK
 OF THE ATTORNEY-GENERAL, COUNTERSIGNED BY THE TEMPORARY PRESIDENT OF THE
 SENATE  AND THE SPEAKER OF THE ASSEMBLY, AND SUCH DISBURSEMENTS SHALL BE
 SUBJECT TO NO AUDIT EXCEPT BY THE LEGISLATURE AND THE  ATTORNEY-GENERAL.
 THE ATTORNEY-GENERAL, HIS OR HER DEPUTY, OR OTHER OFFICER, DESIGNATED BY
 HIM OR HER, IS EMPOWERED TO SUBPOENA WITNESSES, COMPEL THEIR ATTENDANCE,
 EXAMINE  THEM  UNDER  OATH BEFORE HIM OR HER OR A MAGISTRATE AND REQUIRE
 THAT ANY BOOKS, RECORDS, DOCUMENTS, PAPERS, OR ELECTRONIC COMMUNICATIONS
 OR RECORDS RELEVANT OR MATERIAL TO THE INQUIRY BE TURNED OVER TO HIM  OR
 HER FOR INSPECTION, EXAMINATION OR AUDIT, PURSUANT TO THE CIVIL PRACTICE
 LAW  AND RULES. IF A PERSON SUBPOENAED TO ATTEND UPON SUCH INQUIRY FAILS
 TO OBEY THE COMMAND OF A SUBPOENA WITHOUT  REASONABLE  CAUSE,  OR  IF  A
 PERSON  IN ATTENDANCE UPON SUCH INQUIRY SHALL, WITHOUT REASONABLE CAUSE,
 REFUSE TO BE SWORN OR TO BE EXAMINED OR  TO  ANSWER  A  QUESTION  OR  TO
 PRODUCE  A  BOOK,  PAPER,  OR  ELECTRONIC  COMMUNICATION  OR RECORD WHEN
 ORDERED TO DO SO BY THE OFFICER CONDUCTING SUCH INQUIRY, HE OR SHE SHALL

 S. 5306                             3
 
 BE GUILTY OF A MISDEMEANOR. IT SHALL BE THE DUTY OF ALL PUBLIC OFFICERS,
 THEIR DEPUTIES, ASSISTANTS AND SUBORDINATES, CLERKS AND  EMPLOYEES,  AND
 ALL OTHER PERSONS, TO RENDER AND FURNISH TO THE ATTORNEY-GENERAL, HIS OR
 HER  DEPUTY OR OTHER DESIGNATED OFFICER, WHEN REQUESTED, ALL INFORMATION
 AND ASSISTANCE IN THEIR POSSESSION AND WITHIN THEIR POWER.  EACH  DEPUTY
 OR  OTHER  OFFICER APPOINTED OR DESIGNATED TO CONDUCT SUCH INQUIRY SHALL
 MAKE A WEEKLY REPORT IN DETAIL TO THE ATTORNEY-GENERAL, IN A FORM TO  BE
 APPROVED BY THE LEGISLATURE AND THE ATTORNEY-GENERAL, WHICH REPORT SHALL
 BE  IN DUPLICATE, ONE COPY OF WHICH SHALL BE FORTHWITH, UPON ITS RECEIPT
 BY THE ATTORNEY-GENERAL, TRANSMITTED BY HIM  OR  HER  TO  THE  TEMPORARY
 PRESIDENT  OF  THE  SENATE  AND THE SPEAKER OF THE ASSEMBLY. ANY OFFICER
 PARTICIPATING IN SUCH INQUIRY AND ANY PERSON EXAMINED AS A WITNESS  UPON
 SUCH INQUIRY WHO SHALL DISCLOSE TO ANY PERSON OTHER THAN THE LEGISLATURE
 OR THE ATTORNEY-GENERAL THE NAME OF ANY WITNESS EXAMINED OR ANY INFORMA-
 TION  OBTAINED  UPON SUCH INQUIRY, EXCEPT AS DIRECTED BY THE LEGISLATURE
 OR THE ATTORNEY-GENERAL, SHALL BE GUILTY OF A MISDEMEANOR. THE  INVESTI-
 GATION DESCRIBED IN THIS PARAGRAPH SHALL BE ENTIRELY FREE FROM INTERFER-
 ENCE FROM THE GOVERNOR OR ANY OTHER STATE AGENCY OR OFFICIAL. THE ATTOR-
 NEY-GENERAL AND LEGISLATURE SHALL BE UNDER NO OBLIGATION TO DISCLOSE ANY
 INFORMATION  PERTAINING  TO  SUCH  INVESTIGATION WITH ANY SUCH AGENCY OR
 OFFICIAL AND SHALL BE EMPOWERED TO TAKE ADDITIONAL STEPS NOT  PRESCRIBED
 BY THIS PARAGRAPH TO SHIELD THE INVESTIGATION FROM ATTEMPTS TO INFLUENCE
 SUCH INVESTIGATION WHICH THEY DEEM UNWARRANTED AND INAPPROPRIATE.
   § 2. This act shall take effect immediately.

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