Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 06, 2010 |
referred to governmental operations |
Aug 17, 2009 |
referred to governmental operations |
Assembly Bill A9092
2009-2010 Legislative Session
Sponsored By
CAMARA
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
Actions
co-Sponsors
Nelson Castro
Adam Clayton Powell IV
Naomi Rivera
David McDonough
multi-Sponsors
William Boyland
Vanessa Gibson
Susan John
Grace Meng
2009-A9092 (ACTIVE) - Details
2009-A9092 (ACTIVE) - Sponsor Memo
BILL NUMBER:A9092 TITLE OF BILL: An act to amend the public officers law, in relation to investigation of state officers and employees PURPOSE OR GENERAL IDEA: Requires that a sate officer who is conducting an investigation of a state employee shall either obtain a court order or give the employee at least seven days notice of subpoena duces tecum requiring the production of documents related to the employee. SUMMARY OF PROVISIONS: Amends section 61 of the public officer's law to require law to require that a state who is conducting an investigation of a state employee shall either obtain a court order or give the employee at least seven days notice of a subpoena duces tecum requiring the production of documents related to the employee. EXISTING LAW: Public Officers law section 61 authorizes a state officer who is conducting an investigation to issue a subpoena requiring the production of documents. However, when the investigation involves a specific state employee, this broad subpoena power can lead to an unwar- ranted invasion of privacy when the documents subpoenaed include personal records such as personal phone bills or bank accounts. Under current law, the employee who is the subject of such an investigation is not even given notice that his or her personal records have been disclosed. This bill would add due process without unduly limiting the ability to conduct an investigation. It does so by requiring that a
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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