senate Bill S819

2013-2014 Legislative Session

Requires state officer investigating a subordinate to issue, to such subordinate, a copy of any subpoena duces tecum issued to a party who is not a state employee

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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 09, 2013 referred to investigations and government operations

S819 - Details

See Assembly Version of this Bill:
A3399
Current Committee:
Law Section:
Public Officers Law
Laws Affected:
Amd §61, Pub Off L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S3567, A4300
2009-2010: S6077A, A9092

S819 - Summary

Requires a state officer investigating a subordinate to issue, to such subordinate, a copy of any subpoena duces tecum issued to a party who is not a state officer or employee in connection with such investigation.

S819 - Sponsor Memo

S819 - Bill Text download pdf

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

                                   819

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  ADAMS  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations

AN ACT to amend the public officers law, in relation to investigation of
  state officers and employees

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

  Section  1. Section 61 of the public officers law, as amended by chap-
ter 310 of the laws of 1962, is amended to read as follows:
  S 61. Investigations by state officers. Every state  officer,  in  any
proceeding  held  before him OR HER, or in any investigation held by him
OR HER for the purpose of making inquiry as to the official  conduct  of
any  subordinate  officer  or  employee,  shall  have the power to issue
subpoenas for and require the attendance of witnesses and the production
of all books and papers relating to any matter under inquiry.  All  such
subpoenas  shall  be issued under the hand and seal of the state officer
holding such proceeding. A subpoena issued under this section  shall  be
regulated  by  the  civil  practice  law  and  rules.  The  testimony of
witnesses in any such proceeding shall be under oath and the state offi-
cer instituting the proceeding shall have power to administer oaths.  In
THE  case  of  state  boards or commissions, any member of the same, or,
when duly authorized by resolution,  the  secretary  of  such  board  or
commission, shall have power to issue subpoenas and administer oaths for
the purposes of this section. A SUBPOENA DUCES TECUM ISSUED BY THE STATE
OFFICER INSTITUTING THE PROCEEDING TO A PARTY OTHER THAN A STATE OFFICER
OR  EMPLOYEE  IN  CONNECTION WITH AN INVESTIGATION OF A STATE OFFICER OR
EMPLOYEE SHALL BE ACCOMPANIED BY A COURT ORDER UNLESS THE STATE  OFFICER
ISSUING  THE  SUBPOENA  SERVES  A COPY OF THE SUBPOENA ON THE OFFICER OR
EMPLOYEE WHO IS THE SUBJECT OF THE INVESTIGATION  AT  LEAST  SEVEN  DAYS
PRIOR  TO THE DATE WHEN THE SUBPOENA REQUIRES THE PRODUCTION OF BOOKS OR
PAPERS.
  S 2. This act shall take effect immediately.

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