Assembly Bill A9092

2009-2010 Legislative Session

Requires state officer investigating a subordinate to issue, to such subordinate, a copy of any subpoena duces tecum issued to a party who is not a state employee

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Archive: Last Bill Status - In Assembly 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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2009-A9092 (ACTIVE) - Details

See Senate Version of this Bill:
S6077
Current Committee:
Assembly Governmental Operations
Law Section:
Public Officers Law
Laws Affected:
Amd §61, Pub Off L
Versions Introduced in Other Legislative Sessions:
2011-2012: A4300, S3567
2013-2014: A3399, S819

2009-A9092 (ACTIVE) - Summary

Requires a state officer investigating a subordinate to issue, to such subordinate, a copy of any subpoena duces tecum issued to a party who is not a state officer or employee in connection with such investigation.

2009-A9092 (ACTIVE) - Sponsor Memo

2009-A9092 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9092

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             August 17, 2009
                               ___________

Introduced by M. of A. CAMARA -- read once and referred to the Committee
  on Governmental Operations

AN ACT to amend the public officers law, in relation to investigation of
  state officers and employees

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 61 of the public officers law, as amended by  chap-
ter 310 of the laws of 1962, is amended to read as follows:
  S 61. Investigations  by  state  officers. Every state officer, in any
proceeding held before him OR HER, or in any investigation held  by  him
OR  HER  for the purpose of making inquiry as to the official conduct of
any subordinate officer or employee,  shall  have  the  power  to  issue
subpoenas for and require the attendance of witnesses and the production
of  all  books and papers relating to any matter under inquiry. All such
subpoenas shall be issued under the hand and seal of the  state  officer
holding  such  proceeding. A subpoena issued under this section shall be
regulated by  the  civil  practice  law  and  rules.  The  testimony  of
witnesses in any such proceeding shall be under oath and the state offi-
cer  instituting the proceeding shall have power to administer oaths. In
THE case of state boards or commissions, any member  of  the  same,  or,
when  duly  authorized  by  resolution,  the  secretary of such board or
commission, shall have power to issue subpoenas and administer oaths for
the purposes of this section. A SUBPOENA DUCES TECUM ISSUED BY THE STATE
OFFICER INSTITUTING THE PROCEEDING TO A PARTY OTHER THAN A STATE OFFICER
OR EMPLOYEE IN CONNECTION WITH AN INVESTIGATION OF A  STATE  OFFICER  OR
EMPLOYEE  SHALL BE ACCOMPANIED BY A COURT ORDER UNLESS THE STATE OFFICER
ISSUING THE SUBPOENA SERVES A COPY OF THE SUBPOENA  ON  THE  OFFICER  OR
EMPLOYEE  WHO  IS  THE  SUBJECT OF THE INVESTIGATION AT LEAST SEVEN DAYS
PRIOR TO THE DATE WHEN THE SUBPOENA REQUIRES THE PRODUCTION OF BOOKS  OR
PAPERS.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14599-01-9
              

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