Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 06, 2010 |
referred to governmental operations |
Jun 16, 2009 |
referred to governmental operations |
Assembly Bill A8929
2009-2010 Legislative Session
Sponsored By
LANCMAN
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
2009-A8929 (ACTIVE) - Details
- Current Committee:
- Assembly Governmental Operations
- Law Section:
- Executive Law
- Laws Affected:
- Amd §63, Exec L
2009-A8929 (ACTIVE) - Summary
Relates to the powers and duties of the attorney general to issue subpoenas; provides that any subpoena served pursuant to this subdivision without the state shall be issued an ex-parte order of the court based upon a showing that the information or testimony sought bears a reasonable relationship to the subject matter under investigation.
2009-A8929 (ACTIVE) - Sponsor Memo
BILL NUMBER:A8929 TITLE OF BILL: An act to amend the executive law, in relation to the powers and duties of the attorney general to issue subpoenas PURPOSE OR GENERAL IDEA OF BILL: This legislation would give the Attorney General the authority to serve subpoenas outside of New York State to facilitate investigations of out-of-state conduct. SUMMARY OF SPECIFIC PROVISIONS: Section one of the executive laws is amended by the addition of language giving the Attorney General the power to serve subpoenas in the same manner as a summons may be served, with or without the state. JUSTIFICATION: The current statute gives the Attorney General subpoena power to protect New York's residents with vigorous investigations into potentially illicit conduct. However, the current statute does not grant the Attorney General the authority to serve subpoenas outside of New York State. Recent investigations by the Attorney General's office concerning fields ranging from air pollution and unethical lending practices have made it clear that conduct that
2009-A8929 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8929 2009-2010 Regular Sessions I N A S S E M B L Y June 16, 2009 ___________ Introduced by M. of A. LANCMAN -- read once and referred to the Commit- tee on Governmental Operations AN ACT to amend the executive law, in relation to the powers and duties of the attorney general to issue subpoenas THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The second undesignated paragraph of subdivision 12 of section 63 of the executive law, as amended by chapter 86 of the laws of 1985, is amended to read as follows: In connection with any such application, the attorney general is authorized to take proof and make a determination of the relevant facts and to issue subpoenas in accordance with the civil practice law and rules AND TO SERVE SUCH SUBPOENAS IN THE SAME MANNER AS A SUMMONS MAY BE SERVED, WITH OR WITHOUT THE STATE. ANY SUBPOENA SERVED PURSUANT TO THIS SUBDIVISION WITHOUT THE STATE SHALL BE ISSUED AN EX PARTE ORDER OF THE COURT BASED UPON A SHOWING THAT THE INFORMATION OR TESTIMONY SOUGHT BEARS A REASONABLE RELATIONSHIP TO THE SUBJECT MATTER UNDER INVESTI- GATION. Such authorization shall not abate or terminate by reason of any action or proceeding brought by the attorney general under this section. S 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14286-01-9
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.