S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7028
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               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:
 
   Section 1. Section 63 of the executive law is amended by adding a  new
 subdivision 18 to read as follows:
   18.  INVESTIGATE  THE ALLEGED VIOLATION OF ANY PROVISION OF THE PUBLIC
 OFFICERS LAW AND PROSECUTE ANY SUCH PERSON OR PERSONS BELIEVED  TO  HAVE
 COMMITTED  SUCH VIOLATIONS, PROVIDED THAT NOTHING HEREIN SHALL INTERFERE
 WITH  THE  ABILITY  OF  DISTRICT  ATTORNEYS  AT  ANY  TIME  TO   RECEIVE
 COMPLAINTS,  INVESTIGATE  AND  PROSECUTE  ANY  SUCH CRIMES OR VIOLATIONS
 RELATED TO THE PUBLIC OFFICERS LAW. THE ATTORNEY GENERAL MAY REQUEST AND
 SHALL RECEIVE, FROM ANY AGENCY, DEPARTMENT, DIVISION, BOARD,  BUREAU  OR
 COMMISSION  OF  THE STATE, OR ANY POLITICAL SUBDIVISION THEREOF, COOPER-
 ATION AND ASSISTANCE IN THE PERFORMANCE OF HIS OR  HER  DUTIES  AND  MAY
 PROVIDE  ASSISTANCE TO ANY DISTRICT ATTORNEY OR LAW ENFORCEMENT OFFICIAL
 REQUESTING  ASSISTANCE  IN  THE  INVESTIGATION  OR  PROSECUTION  OF  ANY
 VIOLATIONS OF THE PUBLIC OFFICERS LAW.
   §  2.  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. Whenever in [his] THE ATTORNEY-GENERAL'S judgment the public inter-
 est 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] THE ATTORNEY-GENERAL may, in his  discretion,  and  without
 civil  service  examination, appoint and employ, and at pleasure remove,
 such deputies, officers and other persons as he deems necessary,  deter-
 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
 
 compensation. All appointments made pursuant to this  subdivision  shall
 be  immediately  reported  to the governor, 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 governor 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 gover-
 nor and the attorney-general. The attorney-general, his deputy, or other
 officer, designated by him, is empowered to subpoena  witnesses,  compel
 their attendance, examine them under oath before himself or a magistrate
 and  require  that  any  books, records, documents or papers relevant or
 material to the inquiry be turned over to [him] THE ATTORNEY-GENERAL 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
 or paper, when ordered so to do by the officer conducting such  inquiry,
 he  shall 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 attor-
 ney-general, his 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 to the governor.
 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 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.
   § 3. This act shall take effect immediately.