NY State Senate Bill 2023-S5945

Senate Bill S5945

2023-2024 Legislative Session

Relates to expanding the authority of the attorney general to investigate violations of the public officers law

download bill text pdf

Current 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to investigations and government operations
Mar 23, 2023	referred to investigations and government operations

2023-S5945 (ACTIVE) - Details

See Assembly Version of this Bill:: A7028
Current Committee:: Senate Investigations And Government Operations
Law Section:: Executive Law
Laws Affected:: Amd §63, Exec L
Versions Introduced in 2021-2022 Legislative Session:: S5260

2023-S5945 (ACTIVE) - Summary

Expands the authority of the attorney general to investigate violations of the public officers law.

2023-S5945 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5945

SPONSOR: SKOUFIS
 
TITLE OF BILL:

An act to amend the executive law, in relation to expanding the authori-
ty of the attorney general to investigate violations of the public offi-
cers law

 
PURPOSE OR GENERAL IDEA OF BILL:

To allow the Attorney General to investigate and prosecute any violation
of the public officers law.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 adds a new subdivision to executive law granting the Attorney
General the power to investigate and prosecute violations of the public
officers law.

Section 2 amends subdivision eight of section 63 of the executive law to
make clarifying amendments.

Section 3 sets the effective date.

 
JUSTIFICATION:

Currently, for the Attorney General to investigate a matter of public
interest, including violations of the public officers law, approval must
be secured from the Governor. This allows a Governor to have significant
power over investigations into the misconduct of public officials,
including into the office of the Governor itself.

In addition, under the current statute and case law interpretations
thereof, the Attorney General has limited jurisdiction to prosecute
criminal cases. In public corruption cases, in particular, the Attorney
General must obtain a referral from the head of a state agency to
commence a criminal case, thereby inhibiting these crucial investi-
gations and efforts to stamp out corruption. See Della Pietra v. State
of New York, 71 NY2d 792. To help curb corruption and instill the
public's trust in its elected officials, it makes more sense to give the
Attorney General full prosecutorial jurisdiction regarding violations of
the public officers laws without having to rely on a "referral."

Further, in light of the independence of the Attorney General's office,
its vast resources, and statewide coverage range, it is appropriate for
the legislature to designate the specific power to the Attorney General
to investigate the abuses of a public officer's power. Our laws must.
hold public officials accountable, and by expanding the power of the
Attorney General in these matters, there is no doubt that the misconduct
of public officials will be thoroughly and independently investigated.

 
LEGISLATIVE HISTORY:

Senate

2021-2022: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

Assembly
None.

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
Immediately.

2023-S5945 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5945
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 23, 2023
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- 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 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06607-01-3

 S. 5945                             2
 
 mine  their  duties  and,  with  the approval of the governor, fix their
 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.

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