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Bill No.: Summary Actions Committee&nbspVotes Floor&nbspVotes Memo Text LFIN Chamber&nbspVideo/Transcript S00412 Summary: BILL NO S00412 &nbsp SAME AS SAME AS A01312

&nbsp SPONSOR GOUNARDES &nbsp COSPNSR BAILEY, BRISPORT, FAHY, HINCHEY, LIU, MAY, MAYER, RAMOS, SALAZAR, SANDERS &nbsp MLTSPNSR &nbsp Amd §63, Exec L &nbsp 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.

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STATE OF NEW YORK ________________________________________________________________________

412

2025-2026 Regular Sessions

IN SENATE

(Prefiled)

January 8, 2025 ___________

Introduced by Sens. GOUNARDES, BAILEY, BRISPORT, HINCHEY, LIU, MAY, MAYER, SALAZAR, SANDERS -- 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:

1 Section 1. Subdivision 8 of section 63 of the executive law, as 2 amended by chapter 451 of the laws of 1977, is amended to read as 3 follows: 4 8. (a) Whenever in [ his ] the judgment of the attorney general the 5 public interest requires it, the attorney-general may, with the approval 6 of the governor, and when directed by the governor, shall, inquire into 7 matters concerning the public peace, public safety and public justice. 8 For such purpose [ he ] the attorney general may, in [ his ] their 9 discretion, and without civil service examination, appoint and employ, 10 and at pleasure remove, such deputies, officers and other persons as 11 [ he ] the attorney general deems necessary, determine their duties and, 12 with the approval of the governor, fix their compensation. All appoint- 13 ments made pursuant to this [ subdivision ] paragraph shall be immediately 14 reported to the governor, and shall not be reported to any other state 15 officer or department. Payments of salaries and compensation of officers 16 and employees and of the expenses of the inquiry shall be made out of 17 funds provided by the legislature for such purposes, which shall be 18 deposited in a bank or trust company in the names of the governor and 19 the attorney-general, payable only on the draft or check of the attor- 20 ney-general, countersigned by the governor, and such disbursements shall 21 be subject to no audit except by the governor and the attorney-general.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01299-01-5

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1 The attorney-general, [ his ] their deputy, or other officer, designated 2 by [ him ] the attorney , is empowered to subpoena witnesses, compel their 3 attendance, examine them under oath before [ himself ] the attorney gener- 4 al or a magistrate and require that any books, records, documents [ or ] , 5 papers , or electronic communications or records relevant or material to 6 the inquiry be turned over to [ him ] the attorney general for inspection, 7 examination or audit, pursuant to the civil practice law and rules. If a 8 person subpoenaed to attend upon such inquiry fails to obey the command 9 of a subpoena without reasonable cause, or if a person in attendance 10 upon such inquiry shall, without reasonable cause, refuse to be sworn or 11 to be examined or to answer a question or to produce a book [ or ] , paper, 12 or electronic communication or record, when ordered so to do by the 13 officer conducting such inquiry, [ he ] such person shall be guilty of a 14 misdemeanor. It shall be the duty of all public officers, their depu- 15 ties, assistants and subordinates, clerks and employees, and all other 16 persons, to render and furnish to the attorney-general, [ his ] their 17 deputy or other designated officer, when requested, all information and 18 assistance in their possession and within their power. Each deputy or 19 other officer appointed or designated to conduct such inquiry shall make 20 a weekly report in detail to the attorney-general, in form to be 21 approved by the governor and the attorney-general, which report shall be 22 in duplicate, one copy of which shall be forthwith, upon its receipt by 23 the attorney-general, transmitted by [ him ] the attorney general to the 24 governor. Any officer participating in such inquiry and any person exam- 25 ined as a witness upon such inquiry who shall disclose to any person 26 other than the governor or the attorney-general the name of any witness 27 examined or any information obtained upon such inquiry, except as 28 directed by the governor or the attorney-general, shall be guilty of a 29 misdemeanor. 30 (b) Provided, further, that the legislature shall be empowered to 31 direct the attorney-general by concurrent resolution to inquire into 32 matters concerning the public peace, public safety and public justice. 33 For such purposes the attorney-general may, in their discretion, and 34 without civil service examination, appoint and employ, and at pleasure 35 remove, such deputies, officers and other persons as the attorney gener- 36 al deems necessary, determine their duties and, with the approval of the 37 legislature, fix their compensation. All appointments made pursuant to 38 this paragraph shall be immediately reported to the temporary president 39 of the senate and the speaker of the assembly and shall not be reported 40 to any other state officer or department. Payments of salaries and 41 compensation of officers and employees and of the expenses of the 42 inquiry shall be made out of funds provided by the legislature for such 43 purposes, which shall be deposited in a bank or trust company in the 44 names of the temporary president of the senate, the speaker of the 45 assembly, and the attorney-general, payable only on the draft or check 46 of the attorney-general, countersigned by the temporary president of the 47 senate and the speaker of the assembly, and such disbursements shall be 48 subject to no audit except by the legislature and the attorney-general. 49 The attorney-general, their deputy, or other officer, designated by the 50 attorney, is empowered to subpoena witnesses, compel their attendance, 51 examine them under oath before the attorney general or a magistrate and 52 require that any books, records, documents, papers, or electronic commu- 53 nications or records relevant or material to the inquiry be turned over 54 to the attorney general for inspection, examination or audit, pursuant 55 to the civil practice law and rules. If a person subpoenaed to attend 56 upon such inquiry fails to obey the command of a subpoena without

S. 412 3

1 reasonable cause, or if a person in attendance upon such inquiry shall, 2 without reasonable cause, refuse to be sworn or to be examined or to 3 answer a question or to produce a book, paper, or electronic communi- 4 cation or record when ordered to do so by the officer conducting such 5 inquiry, such person shall be guilty of a misdemeanor. It shall be the 6 duty of all public officers, their deputies, assistants and subordi- 7 nates, clerks and employees, and all other persons, to render and 8 furnish to the attorney-general, their deputy or other designated offi- 9 cer, when requested, all information and assistance in their possession 10 and within their power. Each deputy or other officer appointed or 11 designated to conduct such inquiry shall make a weekly report in detail 12 to the attorney-general, in a form to be approved by the legislature 13 and the attorney-general, which report shall be in duplicate, one copy 14 of which shall be forthwith, upon its receipt by the attorney-general, 15 transmitted to the temporary president of the senate and the speaker of 16 the assembly. Any officer participating in such inquiry and any person 17 examined as a witness upon such inquiry who shall disclose to any person 18 other than the legislature or the attorney-general the name of any 19 witness examined or any information obtained upon such inquiry, except 20 as directed by the legislature or the attorney-general, shall be guilty 21 of a misdemeanor. The investigation described in this paragraph shall be 22 entirely free from interference from the governor or any other state 23 agency or official. The attorney-general and legislature shall be under 24 no obligation to disclose any information pertaining to such investi- 25 gation with any such agency or official and shall be empowered to take 26 additional steps not prescribed by this paragraph to shield the investi- 27 gation from attempts to influence such investigation which they deem 28 unwarranted and inappropriate. 29 § 2. This act shall take effect immediately.

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