NY State Senate Bill 2013-S5973

Archive: Last Bill Status - In Senate Committee Finance 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

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2014	referred to finance
Oct 29, 2013	referred to rules

2013-S5973 (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Amd §6, Exec L

2013-S5973 (ACTIVE) - Summary

Relates to examination and inspection by the governor; provides that once formed, the conduct of persons appointed by the governor shall be independent of the governor and executive; restricts who may be appointed.

2013-S5973 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5973

TITLE OF BILL:  An act to amend the executive law, in relation to
examination and inspection by the governor

PURPOSE:  This bill would amend section 6 of the executive law, also
known as the Moreland Act, to require greater transparency in the
management and affairs of Moreland Commissions and to ensure
independence of the Commission from the executive branch. The bill
would also require Moreland Commission documents be preserved at the
State Archives.

SUMMARY OF PROVISIONS:  Section 1, subdivision (b) requires that, once
formed, any actions of the Commission must be done independently from
the Executive, Executive Chamber staff or any agency.

Section 1, subdivision (c) directs the Commission to establish rules
and procedures necessary to govern the exercise of the powers and
duties granted to it at the first formal meeting of the Commission and
further requires that those rules and procedures be made public before
second formal meeting or before any subpoenas are issued, whichever
comes first.

Section 2 limits those who are eligible to serve on the Commissions to
those persons who are not currently or have been in the last three
years lobbyists, state or local officers or employees, political party

chairpersons, and anyone who has served as treasurer, candidate or
affiliate of a party or candidate committee accepting contributions.

Section 3 gives the Governor the power to set compensation for
Commission members, but requires that the executive seek a specific
appropriation for monies used to compensate those persons.

Section 5. requires that all documents made and used by the Moreland
Commission be preserved in the State Archives.

JUSTIFICATION:

The Moreland Act, section 6 of the Executive Law gives the Governor
the power to empanel commissions, known as Moreland Commissions, to
examine and investigate the management and affairs of the agencies,
and boards and commissions within the Executive Department. Under
current law, this grant of power is very broad and does not provide
for the procedural due process, transparency and openness that the
citizens have come to expect of its government Under this broad grant
of power, Governor Andrew Cuomo empanelled the Moreland Commission to
Investigate Public Corruption in July of 2013. The conduct of this
Commission and the possible involvement of the executive branch in the
decisions of the Commission has raised concerns about the
accountability and effectiveness of this Commission's objective.
Potential or actual conflicts of interest divert from the true mission
of any Moreland Commission.

This bill is aimed to bring accountability back to these commissions
by increasing the transparency of the actions of the Commissions,
which currently is very limited. It also aims to ensure independence
of the Commissions' activities from the branch of government that it


is required to investigate, the Executive branch including requiring
that there be an appropriation for its operations such that it need
not rely on the Executive to fund it piecemeal. Finally, it ensures
preservation of all of the documents from a Moreland investigation so
that its actions can be checked to ensure completeness and
objectiveness in its recommendations.

LEGISLATIVE HISTORY: This is a new bill.

FISCAL IMPLICATIONS: None

EFFECTIVE DATE:

This bill would take effect on the 120th day after it becomes law.

2013-S5973 (ACTIVE) - Bill Text download pdf

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

                                  5973

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            October 29, 2013
                               ___________

Introduced by Sens. LANZA, SAVINO -- read twice and ordered printed, and
  when printed to be committed to the Committee on Rules

AN  ACT  to  amend  the  executive  law,  in relation to examination and
  inspection by the governor

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

  Section  1.  Section  6  of the executive law, the second undesignated
paragraph as added by chapter 198 of the laws of  1957,  is  amended  to
read as follows:
  S 6. Examination  and inspection by the governor.  1. (A) The governor
is authorized at any time, either in person or by one  or  more  persons
appointed by him for the purpose, to examine and investigate the manage-
ment  and  affairs of any department, board, bureau or commission of the
state. The governor and the persons so appointed by him are empowered to
subpoena and enforce the attendance of witnesses,  to  administer  oaths
and  examine  witnesses  under oath and to require the production of any
books or papers deemed relevant or material.  [Whenever  any  person  so
appointed shall not be regularly in the service of the state his]
  (B)  ONCE FORMED, THE CONDUCT OF THOSE PERSONS APPOINTED BY THE GOVER-
NOR SHALL BE INDEPENDENT  OF  THE  GOVERNOR,  THE  GOVERNOR'S  EXECUTIVE
STAFF, AND THE VARIOUS STATE AGENCIES UNDER THE CONTROL OF THE EXECUTIVE
BRANCH.
  (C)  AT  THE FIRST FORMAL MEETING OF THE PERSONS APPOINTED, THEY SHALL
ESTABLISH RULES AND PROCEDURES NECESSARY TO GOVERN THE EXERCISE  OF  THE
POWERS  AND AUTHORITY GIVEN OR GRANTED TO THE PERSONS APPOINTED PURSUANT
TO THIS SECTION OR ANY OTHER SECTION OF LAW, INCLUDING RULES DESIGNED TO
PROVIDE TRANSPARENCY WHILE PROTECTING THE INTEGRITY OF THE INVESTIGATION
AND RIGHTS TO PRIVACY. THESE RULES AND PROCEDURES ARE TO BE MADE  PUBLIC
BEFORE THE SECOND FORMAL MEETING OF THOSE PERSONS. IN NO EVENT SHALL THE
PERSONS  APPOINTED ISSUE ANY SUBPOENA, IF SO AUTHORIZED BY THE EXECUTIVE
ORDER, PRIOR TO MAKING SUCH RULES AND PROCEDURES PUBLICLY AVAILABLE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11986-05-3

S. 5973                             2

  2. (A) NO INDIVIDUAL SHALL BE ELIGIBLE FOR APPOINTMENT  WHO  CURRENTLY
OR WITHIN THE LAST THREE YEARS:
  (I) IS OR HAS BEEN REGISTERED AS A LOBBYIST IN NEW YORK STATE;
  (II)  IS  OR  HAS  BEEN  A MEMBER OF THE NEW YORK STATE LEGISLATURE, A
STATEWIDE  ELECTED  OFFICIAL,  COMMISSIONER  OF  AN   EXECUTIVE   AGENCY
APPOINTED BY THE GOVERNOR, OR ANY ELECTED PUBLIC OFFICIAL OF ANY COUNTY,
TOWN, VILLAGE OR CITY;
  (III)  IS  OR  HAS  BEEN  A POLITICAL PARTY CHAIRPERSON, AS DEFINED IN
PARAGRAPH (K) OF SUBDIVISION ONE OF SECTION SEVENTY-THREE OF THE  PUBLIC
OFFICERS LAW; OR
  (IV)  IS  OR  HAS  BEEN  A TREASURER, CANDIDATE OR AFFILIATED WITH ANY
ESTABLISHED CANDIDATE OR PARTY POLITICAL  COMMITTEE  THAT  HAS  RECEIVED
CONTRIBUTIONS.
  (B)  NO  INDIVIDUAL SHALL BE ELIGIBLE FOR APPOINTMENT WHO CURRENTLY OR
WITHIN THE LAST YEAR IS OR HAS BEEN  A  STATE  OFFICER  OR  EMPLOYEE  OR
LEGISLATIVE  EMPLOYEE  AS DEFINED IN SECTION SEVENTY-THREE OF THE PUBLIC
OFFICERS LAW.
  3. ANY PERSON APPOINTED BY THE GOVERNOR SHALL HAVE HIS OR HER  compen-
sation  for  such  services [shall be] fixed by the governor, WITHIN THE
AMOUNTS APPROPRIATED THEREFOR and said compensation  and  all  necessary
expenses  of such examinations and investigations shall be paid from the
treasury out of any appropriations made for the SPECIFIC  purpose  OF  A
COMMISSION  ORGANIZED  PURSUANT  TO  THIS SECTION, upon the order of the
governor and the audit and warrant of the comptroller.
  4. Notwithstanding any inconsistent provision of any general,  special
or  local  law,  charter,  administrative code or other statute, service
rendered by a person appointed by the governor pursuant to this  section
shall  not  constitute or be deemed state service or re-entry into state
service under the civil service law, the retirement and social  security
law or under any charter, administrative code, or other general, special
or  local  law  relating  to  a state or municipal retirement or pension
system so as to suspend, impair or otherwise affect  or  interfere  with
the  pension  or  retirement  status, rights, privileges and benefits of
such person under any such system or to interfere with the right of such
person or his beneficiary to receive any pension or annuity benefits  or
death  benefits  by reason of the selection of any option under any such
system.
  5. FOR THE PURPOSES OF THIS SECTION, OFFICIAL RECORDS OF  ANY  PERSONS
APPOINTED  BY THE GOVERNOR PURSUANT TO THIS SECTION OF LAW SHALL INCLUDE
ALL BOOKS, PAPERS, MAPS, PHOTOGRAPHS, OR  OTHER  DOCUMENTARY  MATERIALS,
REGARDLESS  OF PHYSICAL FORM OR CHARACTERISTICS, MADE OR RECEIVED BY THE
APPOINTED PERSONS IN ACCORDANCE WITH THIS SECTION OR IN CONNECTION  WITH
THE  TRANSACTION OF PUBLIC BUSINESS SHALL BE PRESERVED AT THE CONCLUSION
OF SUCH INVESTIGATION AND SHALL BE DELIVERED TO AND  MAINTAINED  BY  THE
STATE  ARCHIVES  ESTABLISHED  IN  ARTICLE  FIFTY-SEVEN  OF  THE ARTS AND
CULTURAL AFFAIRS LAW AS EVIDENCE OF THE ORGANIZATION,  FUNCTIONS,  POLI-
CIES, DECISIONS, PROCEDURES, OPERATIONS, OR OTHER ACTIVITIES, OR BECAUSE
OF THE INFORMATION CONTAINED THEREIN.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law.

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Senate Bill S5973

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Archive: Last Bill Status - In Senate Committee Finance Committee

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2013-S5973 (ACTIVE) - Details

2013-S5973 (ACTIVE) - Summary

2013-S5973 (ACTIVE) - Sponsor Memo

2013-S5973 (ACTIVE) - Bill Text download pdf

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Sponsored By

Andrew J. Lanza

Archive: Last Bill Status - In Senate Committee Finance Committee

Actions

2013-S5973 (ACTIVE) - Details

2013-S5973 (ACTIVE) - Summary

2013-S5973 (ACTIVE) - Sponsor Memo

2013-S5973 (ACTIVE) - Bill Text download pdf

Comments