Senate Bill S172

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

                                   172

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  Sen.  KRUGER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance

AN ACT in relation to appointing a  special  prosecutor  to  investigate
  certain violations by the New York city school construction authority

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

  Section 1. 1. (a) The governor, by and with the advice and consent  of
the  senate,  shall within thirty days of the effective date of this act
appoint a special prosecutor to investigate safety violations by the New
York city school construction authority. The  special  prosecutor  shall
serve  for  a  term of three years unless removed by the governor, after
notice and an opportunity for a hearing, and then only for one  or  more
of the following reasons: permanent disability which renders the special
prosecutor  incapable  of  performing  the  duties of his or her office;
gross inefficiency, typified by a lack of ability  to  properly  conduct
investigations  and  prosecutions; neglect of duty, including an unwill-
ingness to pursue claims of criminal fraud, abuse or corruption; malfea-
sance; conviction of a felony; or conduct involving moral turpitude.
  (b) Such special prosecutor shall receive an annual salary to be fixed
by law from within  the  amounts  appropriated  therefor.  Such  special
prosecutor  shall  possess  all  of  the powers of an assistant attorney
general otherwise authorized by this act  provided,  however  that  such
special  prosecutor  shall devote his or her full time and effort exclu-
sively to investigations and prosecutions  of  actions  and  proceedings
relating  to  claims of safety violations and negligence against the New
York city school construction authority.
  2. The special prosecutor may appoint such other deputies,  directors,
assistants,  and  other  employees  to serve at the special prosecutor's
pleasure and discretion as may be needed for the performance  of  duties

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02042-01-9
              

S. 172                              2

and  may  prescribe  their  powers and fix their compensation within the
amounts appropriated therefor.
  3.  The special prosecutor shall have the following special functions,
powers and duties:
  (a) To receive, investigate and prosecute complaints as  more  partic-
ularly  enumerated  in  paragraphs  (b), (c) and (d) of this subdivision
whenever such special prosecutor reasonably concludes that the  activity
alleged may constitute a crime;
  (b)  To  receive, investigate and prosecute complaints from the public
or any other source concerning alleged safety violations which  are  the
responsibility of the New York city school construction authority;
  (c)  To receive, investigate and prosecute complaints of alleged fail-
ures to enforce the state's laws and  pertinent  rules  and  regulations
regarding workplace or construction site safety;
  (d)  To receive, investigate and prosecute complaints of alleged fail-
ures of local officials and employees and private individuals to  comply
with  state  laws  and  rules  and  regulations  regarding  workplace or
construction site safety;
  (e) To make an annual report to the governor, the attorney general and
the legislature concerning such work during the preceding year,  and  to
make  such  further interim reports to them as they or any of them shall
deem advisable or require; and
  (f) To do all things necessary or convenient to carry  out  the  func-
tions, powers and duties set forth in this act.
  4.  For any claim involving safety violations or negligence by the New
York city school construction authority, in addition to criminally pros-
ecuting any person so charged the special prosecutor shall have a  civil
right  of  action  to recover damages. Amounts collected pursuant to the
authority of this subdivision shall be deposited in the general fund  to
the  credit  of  the  special  prosecutor  to offset the expenses of the
office herein created.
  S 2. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.