senate Bill S2783

Amended

Creates the office of the law enforcement inspector general; appropriation

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 23 / Jan / 2013
    • REFERRED TO FINANCE
  • 11 / Mar / 2013
    • NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
  • 23 / Apr / 2013
    • HELD IN COMMITTEE
  • 05 / Jun / 2013
    • AMEND (T) AND RECOMMIT TO FINANCE
  • 05 / Jun / 2013
    • PRINT NUMBER 2783A
  • 08 / Jan / 2014
    • REFERRED TO FINANCE

Summary

Creates the office of the law enforcement inspector general to oversee the intelligence operations of state and local law enforcement agencies.

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Bill Details

See Assembly Version of this Bill:
A2203
Versions:
S2783
S2783A
Legislative Cycle:
2013-2014
Current Committee:
Senate Finance
Law Section:
Executive Law
Laws Affected:
Add Art 11-A §§232 - 238, Exec L
Versions Introduced in 2011-2012 Legislative Cycle:
S6695, A9779

Sponsor Memo

BILL NUMBER:S2783

TITLE OF BILL: An act to amend the executive law, in relation to
establishing the office of the law enforcement inspector general

PURPOSE: To establish an independent state inspector general for law
enforcement and agencies involved in intelligence gathering.

SUMMARY OF PROVISIONS:

Section 1 - Establishes the office of law enforcement inspector
general organized under a new article.

This section creates the authority of the office to include all state
and local law enforcement and intelligence agencies operating in New
York. It further establishes the powers and duties of the inspector
general. This section also mandates reporting requirements.

Section 2 - Establishes the effective date.

EFFECTS OF THE PRESENT LAW WHICH THIS BILL WOULD ALTER: None.

JUSTIFICATION: Protecting the public trust from waste, fraud, and
abuse is a principle established by the founders of our nation. In
1777, President Washington appointed an New Yorker, Friedrich W. A.
von Steuben as an inspector general of the Army (Patricia Salkin &
Zachary Kansler, Ensuring Public Trust at the Municipal Level:
Inspectors General Enter the Mix, Albany Law Review Vol. 75, No.1).

Over the years we have found the need to establish inspectors general
throughout New York. In 1873, the Legislature established commissioner
of accounts to investigate corruption in New York City. Since then,
the office State Inspector General and most recently the Medicaid
Inspector General were created. These institutions ensure transparency
and accountability.

According to a recent report by Professor James Steiner, Improving
Homeland Security at the State Level, Needed: State-level, Integrated
Intelligence Enterprises at least 1,500 - 1,600 field intelligence
officers operate throughout New York state. These officers are
full-time law enforcement officers who also serve as intelligence
officers and are directed by the New York State Intelligence Center.

In addition, according to the Washington Posts report Top Secret
America, there are at least 1,000 officers in the New York police
Department that engage in intelligence and counter-terrorism
activities. Recent reports by the Associated Press reveal that the
NYPD has conducted surveillance operations based on religion. The NYPD
engaged in surveillance of college students, businesses, non-profit
organizations, and religious organizations well beyond their
jurisdiction including other states. Through various federal programs,
we know the New York police Department and other law enforcement
agencies have received billions in federal funding since the tragic
attack on September 11, 2001. Unfortunately, very little is known
about these entities, the data they collect, and their operations.


This bill seeks to ensure that tax dollars are used lawfully and to
prevent waste, fraud, and abuse by state and local law enforcement
engaged intelligence activities.

LEGISLATIVE HISTORY: 2011-12: S.6695/A.9779 - Referred to
Finance/Referred to Gov't Ops

FISCAL IMPLICATION: To be determined.

EFFECTIVE DATE: 180th day with provisions.

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

                                  2783

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 23, 2013
                               ___________

Introduced by Sens. PARKER, ADAMS -- read twice and ordered printed, and
  when printed to be committed to the Committee on Finance

AN  ACT  to  amend  the  executive  law, in relation to establishing the
  office of the law enforcement inspector general

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

  Section  1.  The executive law is amended by adding a new article 11-A
to read as follows:
                              ARTICLE 11-A
             OFFICE OF THE LAW ENFORCEMENT INSPECTOR GENERAL
SECTION 232. JURISDICTION.
        233. ESTABLISHMENT AND ORGANIZATION.
        234. DEFINITIONS.
        235. POWERS.
        236. DISCLOSURE OF INFORMATION.
        237. FUNCTIONS AND DUTIES.
        238. REPORTS.
  S 232. JURISDICTION. THIS ARTICLE SHALL, SUBJECT  TO  THE  LIMITATIONS
CONTAINED  HEREIN, CONFER UPON THE OFFICE OF THE LAW ENFORCEMENT INSPEC-
TOR GENERAL JURISDICTION OVER ALL COVERED AGENCIES. FOR THE PURPOSES  OF
THIS  ARTICLE "COVERED AGENCY" SHALL INCLUDE ALL STATE AND LOCAL GOVERN-
MENT LAW ENFORCEMENT AND INTELLIGENCE AGENCIES, INCLUDING  THE  DIVISION
OF  HOMELAND  SECURITY  AND  EMERGENCY SERVICES, ENGAGED IN INTELLIGENCE
OPERATIONS.
  S 233. ESTABLISHMENT AND ORGANIZATION. 1. THERE IS HEREBY  ESTABLISHED
THE  OFFICE  OF  THE  LAW ENFORCEMENT INSPECTOR GENERAL IN THE EXECUTIVE
DEPARTMENT. THE HEAD OF THE OFFICE SHALL BE THE INSPECTOR WHO  SHALL  BE
APPOINTED  BY  THE  GOVERNOR,  BY AND WITH THE ADVISE AND CONSENT OF THE
SENATE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02793-01-3

S. 2783                             2

  2. THE INSPECTOR SHALL HOLD OFFICE UNTIL THE END OF THE  TERM  OF  THE
GOVERNOR  BY WHOM HE OR SHE WAS APPOINTED AND UNTIL HIS OR HER SUCCESSOR
IS APPOINTED AND HAS QUALIFIED.
  3. THE INSPECTOR SHALL REPORT DIRECTLY TO THE GOVERNOR.
  4.  SUCH PERSON APPOINTED AS INSPECTOR SHALL, UPON HIS OR HER APPOINT-
MENT, HAVE NOT LESS THAN TEN YEARS PROFESSIONAL EXPERIENCE IN  AREAS  OF
LAW  ENFORCEMENT  AND  LAW ENFORCEMENT TRAINING, PROVIDED THE EXPERIENCE
INVOLVES EXPERTISE IN INTELLIGENCE OPERATIONS.
  5. SUCH PERSON APPOINTED AS INSPECTOR SHALL BE SUBJECT TO  A  SECURITY
CLEARANCE  INVESTIGATION  BY  A  FEDERAL GOVERNMENT AGENCY AUTHORIZED TO
PERFORM SUCH INVESTIGATIONS.
  6. THE SALARY OF THE INSPECTOR SHALL BE ESTABLISHED  BY  THE  GOVERNOR
WITHIN THE LIMIT OF FUNDS AVAILABLE THEREFOR.
  S  234. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
  1. "INSPECTOR"  SHALL  MEAN  THE  LAW  ENFORCEMENT  INSPECTOR  GENERAL
CREATED BY THIS ARTICLE.
  2. "INTELLIGENCE OPERATIONS" SHALL MEAN ANY INVESTIGATIVE LAW ENFORCE-
MENT OPERATION, INCLUDING BUT NOT LIMITED TO, SENSITIVE OPERATION PLANS,
SECURITY  ACTIVITIES,  INTELLIGENCE MATTERS, COUNTERINTELLIGENCE MATTERS
AND ONGOING CRIMINAL INVESTIGATIONS.
  S 235. POWERS. THE INSPECTOR SHALL HAVE THE POWER TO:
  1. SUBPOENA AND ENFORCE THE ATTENDANCE OF WITNESSES;
  2. ADMINISTER OATHS OR AFFIRMATIONS AND EXAMINE WITNESSES UNDER OATH;
  3. REQUIRE THE PRODUCTION OF ANY BOOKS AND PAPERS DEEMED  RELEVANT  OR
MATERIAL TO ANY INVESTIGATION, EXAMINATION OR REVIEW;
  4. APPOINT SUCH DEPUTIES, DIRECTORS, ASSISTANTS AND OTHER OFFICERS AND
EMPLOYEES  AS MAY BE NEEDED FOR THE PERFORMANCE OF HIS OR HER DUTIES AND
MAY PRESCRIBE THEIR DUTIES AND FIX THEIR COMPENSATION WITHIN THE AMOUNTS
APPROPRIATED THEREFOR;
  5. SOLICIT, RECEIVE AND INVESTIGATION  COMPLAINTS  RELATED  TO  FRAUD,
CORRUPTION AND ABUSE WITHIN A COVERED AGENCY;
  6. NOTWITHSTANDING ANY LAW TO THE CONTRARY, EXAMINE AND COPY OR REMOVE
DOCUMENTS  OR  RECORDS  OF  ANY KIND PREPARED, MAINTAINED OR HELD BY ANY
COVERED AGENCY. THE REMOVAL OF RECORDS SHALL BE LIMITED TO THOSE CIRCUM-
STANCES IN WHICH A COPY THEREOF IS INSUFFICIENT FOR AN APPROPRIATE LEGAL
OR INVESTIGATIVE PURPOSE, PROVIDED THAT IN SUCH  INSTANCES  THE  COPYING
AND  RETURN OF SUCH ORIGINAL, OR COPY WHERE THE ORIGINAL IS REQUIRED FOR
AN APPROPRIATE LEGAL OR INVESTIGATIVE PURPOSE,  IS  EXPEDITED  AND  SUCH
ORIGINAL OR COPY IS READILY ACCESSIBLE BY THE COVERED AGENCY;
  7. REQUIRE ANY OFFICER OR EMPLOYEE IN A COVERED AGENCY TO ANSWER QUES-
TIONS  CONCERNING  ANY  MATTER  RELATED TO THE PERFORMANCE OF HIS OR HER
OFFICIAL DUTIES. NO STATEMENT OR OTHER EVIDENCE DERIVED THEREFROM MAY BE
USED AGAINST SUCH OFFICER OR EMPLOYEE IN ANY SUBSEQUENT CRIMINAL  PROSE-
CUTION  OTHER  THAN FOR PERJURY OR CONTEMPT ARISING FROM SUCH TESTIMONY.
THE REFUSAL OF ANY OFFICER OR EMPLOYEE  TO  ANSWER  QUESTIONS  SHALL  BE
CAUSE  FOR REMOVAL FROM OFFICE OR EMPLOYMENT OR OTHER APPROPRIATE PENAL-
TY;
  8. MONITOR THE IMPLEMENTATION BY COVERED AGENCIES OF  ANY  RECOMMENDA-
TIONS MADE BY THE LAW ENFORCEMENT INSPECTOR GENERAL;
  9.  DEVELOP  POLICIES, MONITOR AND EVALUATE COVERED AGENCY PERFORMANCE
AND PROVIDE GUIDANCE TO ALL COVERED AGENCY ACTIVITIES RELATING TO CRIMI-
NAL INVESTIGATIONS AND OTHER INTELLIGENCE OPERATIONS;
  10. PERFORM ANY OTHER FUNCTIONS THAT ARE NECESSARY OR  APPROPRIATE  TO
FULFILL THE DUTIES AND RESPONSIBILITIES OF OFFICE.

S. 2783                             3

  S  236.  DISCLOSURE  OF  INFORMATION. THE INSPECTOR SHALL NOT DISCLOSE
INFORMATION WHICH IS PROHIBITED FROM DISCLOSURE BY ANY  OTHER  PROVISION
OF LAW.
  S  237.    FUNCTIONS AND DUTIES. THE LAW ENFORCEMENT INSPECTOR GENERAL
SHALL HAVE THE FOLLOWING DUTIES AND RESPONSIBILITIES:
  1. RECEIVE AND INVESTIGATE COMPLAINTS FROM ANY SOURCE, OR UPON HIS  OR
HER  OWN INITIATIVE, CONCERNING ALLEGATIONS OF CORRUPTION, FRAUD, CRIMI-
NAL ACTIVITY, CONFLICTS OF INTEREST OR ABUSE IN ANY COVERED AGENCY;
  2. INFORM THE HEADS OF COVERED AGENCIES OF SUCH  ALLEGATIONS  AND  THE
PROGRESS OF INVESTIGATIONS RELATED THERETO, UNLESS SPECIAL CIRCUMSTANCES
REQUIRE CONFIDENTIALITY;
  3.  DETERMINE  WITH  RESPECT  TO SUCH ALLEGATIONS WHETHER DISCIPLINARY
ACTION, CIVIL OR CRIMINAL PROSECUTION, OR FURTHER  INVESTIGATION  BY  AN
APPROPRIATE  FEDERAL,  STATE OR LOCAL AGENCY IS WARRANTED, AND TO ASSIST
IN SUCH INVESTIGATIONS;
  4. PREPARE AND RELEASE TO THE PUBLIC WRITTEN REPORTS OF SUCH  INVESTI-
GATIONS,  AS  APPROPRIATE AND TO THE EXTENT PERMITTED BY LAW, SUBJECT TO
REDACTION TO PROTECT THE CONFIDENTIALITY OF WITNESSES.  THE  RELEASE  OF
ALL OR PORTIONS OF SUCH REPORTS MAY BE DEFERRED TO PROTECT THE CONFIDEN-
TIALITY OF ONGOING INVESTIGATIONS;
  5.  REVIEW  AND  EXAMINE  PERIODICALLY  THE POLICIES AND PROCEDURES OF
COVERED  AGENCIES  WITH  REGARD  TO  THE  PREVENTION  AND  DETECTION  OF
CORRUPTION, FRAUD, CRIMINAL ACTIVITY, CONFLICTS OF INTEREST OR ABUSE;
  6.  RECOMMEND  REMEDIAL  ACTION  TO  PREVENT  OR ELIMINATE CORRUPTION,
FRAUD, CRIMINAL ACTIVITY, CONFLICTS OF  INTEREST  OR  ABUSE  IN  COVERED
AGENCIES;
  7.  ESTABLISH  PROGRAMS  FOR  TRAINING  STATE  OFFICERS  AND EMPLOYEES
REGARDING THE PREVENTION AND ELIMINATION OF CORRUPTION, FRAUD,  CRIMINAL
ACTIVITY, CONFLICTS OF INTEREST OR ABUSE IN COVERED AGENCIES.
  S  238. REPORTS. 1. THE INSPECTOR SHALL, NO LATER THAN APRIL THIRTIETH
OF EACH YEAR SUBMIT TO THE GOVERNOR AND THE LEGISLATURE A REPORT  SUMMA-
RIZING THE ACTIVITIES OF THE OFFICE DURING THE PRECEDING CALENDAR YEAR.
  2. (A) THE INSPECTOR SHALL NOT PUBLICLY DISCLOSE INFORMATION WHICH:
  (I) IS A PART OF ANY ONGOING CRIMINAL INVESTIGATION;
  (II) COMPROMISES AN INTELLIGENCE OPERATION;
  (III)   IS  SPECIFICALLY  PROHIBITED  FROM  DISCLOSURE  BY  ANY  OTHER
PROVISION OF LAW.
  (B) NOTWITHSTANDING PARAGRAPH (A)  OF  THIS  SUBDIVISION,  ANY  REPORT
UNDER THIS SECTION SHALL BE MADE AVAILABLE TO THE PUBLIC IN A FORM WHICH
INCLUDES  INFORMATION  WITH  RESPECT  TO  A  PART OF AN ONGOING CRIMINAL
INVESTIGATION ONLY IF SUCH INFORMATION HAS BEEN  INCLUDED  IN  A  PUBLIC
RECORD.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that effective immediate-
ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
necessary for the implementation of this act on its effective  date  are
authorized  and  directed  to  be  made  and completed on or before such
effective date.

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