senate Bill S2783A

2013-2014 Legislative Session

Creates the office of the law enforcement inspector general; appropriation

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to finance
Jun 05, 2013 print number 2783a
amend (t) and recommit to finance
Apr 23, 2013 held in committee
Mar 11, 2013 notice of committee consideration - requested
Jan 23, 2013 referred to finance

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

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S2783 - Bill Details

See Assembly Version of this Bill:
A8092
Current Committee:
Senate Finance
Law Section:
Appropriations
Laws Affected:
Add Art 11-A §§232 - 237, Exec L
Versions Introduced in 2011-2012 Legislative Session:
S6695

S2783 - Bill Texts

view summary

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

view 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.

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                    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.

Co-Sponsors

S2783A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A8092
Current Committee:
Senate Finance
Law Section:
Appropriations
Laws Affected:
Add Art 11-A §§232 - 237, Exec L
Versions Introduced in 2011-2012 Legislative Session:
S6695

S2783A (ACTIVE) - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S2783A

TITLE OF BILL: An act to amend the executive law, in relation to
establishing the office of the law enforcement inspector general; and
making an appropriation therefor

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 - Appropriations

Section 3 - 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.

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

                                 2783--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 23, 2013
                               ___________

Introduced  by  Sens.  PARKER,  ADAMS,  AVELLA, DILAN, HASSELL-THOMPSON,
  SAMPSON -- read twice and ordered printed,  and  when  printed  to  be
  committed  to  the  Committee on Finance -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN  ACT  to  amend  the  executive  law, in relation to establishing the
  office of the law enforcement inspector general; and making an  appro-
  priation therefor

  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. DEFINITIONS.
        233. ESTABLISHMENT AND ORGANIZATION.
        234. JURISDICTION.
        235. POWERS AND DUTIES.
        236. ANNUAL REPORTS.
        237. DISCLOSURE OF INFORMATION.
  S  232. 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 THE VARIETY OF INTELLIGENCE
AND COUNTERINTELLIGENCE TASKS THAT ARE CARRIED OUT  BY  LAW  ENFORCEMENT
AND  INTELLIGENCE  AGENCIES,  WHICH  SHALL INCLUDE BUT NOT BE LIMITED TO
ANALYSIS AND  PRODUCTION;  COLLECTION;  DISSEMINATION  AND  INTEGRATION;
EVALUATION  AND  FEEDBACK;  PLANNING  AND  DIRECTION; AND PROCESSING AND
EXPLOITATION OF  INFORMATION  COLLECTED  FROM  TARGETED  INDIVIDUALS  OR
GROUPS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02793-03-3

S. 2783--A                          2

  3.  "INTELLIGENCE AGENCIES" SHALL MEAN ANY GOVERNMENT AGENCIES RESPON-
SIBLE FOR THE COLLECTION, ANALYSIS OR EXPLOITATION  OF  INFORMATION  AND
INTELLIGENCE  IN  SUPPORT OF LAW ENFORCEMENT, NATIONAL SECURITY, DEFENSE
AND HOMELAND SECURITY OBJECTIVES.
  4.  "LAW ENFORCEMENT AGENCIES" SHALL MEAN ANY ORGANIZATIONAL UNITS, OR
SUBUNITS, OF THE FEDERAL, STATE, COUNTY OR MUNICIPAL GOVERNMENT WITH THE
PRINCIPLE FUNCTIONS OF PREVENTION, DETECTION, AND INVESTIGATION OF CRIME
AND THE APPREHENSION OF ALLEGED OFFENDERS.
  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.
  2. THE INSPECTOR SHALL HOLD OFFICE FOR A TERM OF FIVE YEARS.
  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 NOT EXCEED THE SALARY OF CERTAIN
STATE OFFICERS AS DEFINED IN SECTION  ONE  HUNDRED  SIXTY-NINE  OF  THIS
CHAPTER.
  S  234.  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  235.    POWERS AND DUTIES. 1. GENERAL. (A) THE INSPECTOR SHALL MAKE
ANY INVESTIGATION OF THE COVERED AGENCIES DIRECTED BY THE  GOVERNOR,  OR
THE SENATE AND THE ASSEMBLY ACTING BY JOINT RESOLUTION.
  (B)  THE  INSPECTOR  IS  AUTHORIZED AND EMPOWERED TO MAKE ANY STUDY OR
INVESTIGATION OF THE COVERED AGENCIES THAT IN HIS OR HER OPINION MAY  BE
IN  THE BEST INTERESTS OF THE STATE, INCLUDING BUT NOT LIMITED TO INVES-
TIGATIONS OF THE AFFAIRS, FUNCTIONS,  ACCOUNTS,  METHODS,  PERSONNEL  OR
EFFICIENCY  OF  ANY  COVERED  AGENCY,  OR WHETHER SUCH COVERED AGENCY OR
AGENCIES ARE ACTING IN COMPLIANCE WITH ALL APPLICABLE FEDERAL, STATE  OR
LOCAL LAWS, REGULATIONS OR RULES, OR LOCAL ORDINANCES.
  (C) FOR ANY INVESTIGATION MADE PURSUANT TO THIS SECTION, THE INSPECTOR
SHALL  PREPARE  A  WRITTEN  REPORT  OR  STATEMENT  OF FINDINGS AND SHALL
FORWARD A COPY OF SUCH REPORT OR STATEMENT TO THE REQUESTING  PARTY,  IF
ANY.  IN  THE EVENT THAT THE MATTER INVESTIGATED INVOLVES OR MAY INVOLVE
ALLEGATIONS OF CRIMINAL CONDUCT, OR CONDUCT THAT  VIOLATES  ANY  OR  ALL
APPLICABLE  FEDERAL,  STATE  OR  LOCAL LAWS, REGULATIONS, RULES OR LOCAL
ORDINANCES, THE INSPECTOR, UPON COMPLETION OF THE  INVESTIGATION,  SHALL
ALSO  FORWARD  A COPY OF HIS OR HER WRITTEN REPORT OR STATEMENT OF FIND-
INGS TO THE GOVERNOR, AND TO THE ATTORNEY GENERAL OF NEW YORK  STATE  OR
APPROPRIATE  PROSECUTING  ATTORNEY, OR, IN THE EVENT THE MATTER INVESTI-
GATED INVOLVES OR MAY  INVOLVE  A  CONFLICT  OF  INTEREST  OR  UNETHICAL
CONDUCT, AS SUCH ARE DEFINED IN THE PUBLIC OFFICERS LAW AND ALL APPLICA-
BLE  LOCAL  MUNICIPAL  CODES  OF  ETHICS,  TO THE BOARD OF ETHICS OF THE
APPROPRIATE POLITICAL ENTITY OR SUBDIVISION.

S. 2783--A                          3

  (D) THE JURISDICTION OF THE INSPECTOR  SHALL  EXTEND  TO  ANY  COVERED
AGENCY,  OFFICER,  OR EMPLOYEE OF SUCH AGENCIES, OR ANY PERSON OR ENTITY
DOING BUSINESS WITH SUCH AGENCIES, OR ANY PERSON OR ENTITY WHO  IS  PAID
OR RECEIVES MONEY FROM OR THROUGH THE COVERED AGENCIES.
  (E)  THE  INSPECTOR  MAY  APPOINT  THREE DEPUTIES, EITHER OF WHOM MAY,
SUBJECT TO THE DIRECTION OF THE INSPECTOR, CONDUCT  OR  PRESIDE  AT  ANY
INVESTIGATIONS  AUTHORIZED  BY  THIS  CHAPTER.  THE  INSPECTOR  MAY ALSO
APPOINT SUCH 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 WITH THE AMOUNTS APPROPRIATED
THEREFOR.
  2. INVESTIGATIONS. (A)(I) FOR THE PURPOSE  OF  ASCERTAINING  FACTS  IN
CONNECTION  WITH  ANY STUDY OR INVESTIGATION AUTHORIZED BY THIS CHAPTER,
THE INSPECTOR AND EACH DEPUTY  SHALL  HAVE  FULL  POWER  TO  COMPEL  THE
ATTENDANCE OF WITNESSES, INCLUDING BUT NOT LIMITED TO THE POWER TO ISSUE
SUBPOENAS  AND SUBPOENAS DUCES TECUM, TO ADMINISTER OATHS AND TO EXAMINE
SUCH PERSONS AS HE OR SHE MAY DEEM NECESSARY.
  (II) THE INSPECTOR SHALL HAVE THE POWER TO REQUIRE THE  PRODUCTION  OF
ANY  BOOKS  AND PAPERS DEEMED RELEVANT OR MATERIAL TO ANY INVESTIGATION,
EXAMINATION OR REVIEW.
  (III) THE INSPECTOR SHALL HAVE THE POWER, NOTWITHSTANDING ANY  LAW  TO
THE  CONTRARY, TO EXAMINE AND COPY OR REMOVE DOCUMENTS OR RECORDS OF ANY
KIND PREPARED, MAINTAINED OR HELD BY ANY COVERED AGENCY. THE REMOVAL  OF
SUCH  RECORDS SHALL BE LIMITED TO THOSE CIRCUMSTANCES, AT THE DISCRETION
OF THE INSPECTOR, IN WHICH A COPY THEREOF IS INSUFFICIENT FOR AN  APPRO-
PRIATE  LEGAL  OR  INVESTIGATIVE PURPOSE, PROVIDED 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.
  (B)  THE  INSPECTOR OR ANY AGENT OR EMPLOYEE OF THE OFFICE DULY DESIG-
NATED IN WRITING BY HIM OR HER FOR SUCH PURPOSES MAY ADMINISTER OATHS OR
AFFIRMATIONS, EXAMINE WITNESSES IN PUBLIC OR  PRIVATE  HEARING,  RECEIVE
EVIDENCE AND PRESIDE AT OR CONDUCT ANY SUCH STUDY OR INVESTIGATION.
  3.  REPORTS.  THE  INSPECTOR SHALL FORWARD TO THE GOVERNOR, AND TO THE
TEMPORARY PRESIDENT OF THE SENATE  AND  SPEAKER  OF  THE  ASSEMBLY,  THE
MINORITY  LEADERS  OF  THE SENATE AND ASSEMBLY, THE CHAIRS OF THE SENATE
AND ASSEMBLY STANDING COMMITTEES ON INVESTIGATIONS,  THE  COMMANDANT  OF
THE STATE POLICE, THE COMMISSIONER OF THE NEW YORK POLICE DEPARTMENT AND
THE  ATTORNEY  GENERAL OF NEW YORK STATE, A COPY OF ALL REPORTS PREPARED
BY THE INSPECTOR AND HIS OR HER  AGENTS  AND  EMPLOYEES  CONCERNING  THE
AFFAIRS,  FUNCTIONS,  ACCOUNTS,  METHODS, PERSONNEL OR EFFICIENCY OF ANY
COVERED AGENCY, UPON ISSUANCE BY THE COMMISSIONER.
  S 236. ANNUAL REPORTS. 1. THE INSPECTOR SHALL,  NO  LATER  THAN  MARCH
THIRTY-FIRST  OF  EACH YEAR SUBMIT TO THE GOVERNOR AND THE LEGISLATURE A
REPORT SUMMARIZING 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. 2783--A                          4

  S  237.  DISCLOSURE  OF  INFORMATION. THE INSPECTOR SHALL NOT DISCLOSE
INFORMATION WHICH IS PROHIBITED FROM DISCLOSURE BY ANY  OTHER  PROVISION
OF LAW.
  S  2. The sum of ten million dollars ($10,000,000), or so much thereof
as may be necessary, is hereby appropriated to the  office  of  the  law
enforcement inspector general out of any moneys in the state treasury in
the general fund to the credit of the state purposes account, not other-
wise  appropriated,  and  made immediately available, for the purpose of
carrying out the provisions of this act. Such moneys shall be payable on
the audit and warrant  of  the  comptroller  on  vouchers  certified  or
approved by the comptroller in the manner prescribed by law.
  S 3. 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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