S T A T E O F N E W Y O R K
________________________________________________________________________
7709
I N S E N A T E
February 9, 2018
___________
Introduced by Sens. CROCI, DeFRANCISCO, SAVINO -- read twice and ordered
printed, and when printed to be committed to the Committee on Finance
AN ACT to amend the executive law, the workers' compensation law, the
racing, pari-mutuel wagering and breeding law, the public authorities
law and the public health law, in relation to the appointment and
duties of various inspectors general
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 46 of the executive law is amended by adding two
new subdivisions 3 and 4 to read as follows:
3. IN THE EVENT OF A VACANCY IN THE POSITION OF WELFARE INSPECTOR
GENERAL, THE COMPTROLLER MAY APPOINT AN ACTING WELFARE INSPECTOR GENER-
AL. THE TERM OF THE ACTING WELFARE INSPECTOR GENERAL SHALL BE NINE
MONTHS FROM APPOINTMENT AND SHALL NOT BE RENEWED.
4. THE WELFARE INSPECTOR GENERAL SHALL NOT SIMULTANEOUSLY HOLD ANY
OTHER POSITION IN AN OFFICE THAT HAS BEEN ESTABLISHED PURSUANT TO
SECTIONS FIFTY-TWO, FIFTY-SEVEN AND SEVENTY-FOUR OF THIS CHAPTER,
SECTION ONE HUNDRED THIRTY-SIX OF THE WORKERS' COMPENSATION LAW, SECTION
TWELVE HUNDRED SEVENTY-NINE OF THE PUBLIC AUTHORITIES LAW, SECTION THIR-
TEEN HUNDRED SIXTY-EIGHT OF THE RACING, PARI-MUTUEL WAGERING AND BREED-
ING LAW OR SECTION THIRTY-ONE OF THE PUBLIC HEALTH LAW.
§ 2. Subdivision 1 of section 52 of the executive law, as added by
chapter 766 of the laws of 2005, is amended and two new subdivisions 6
and 7 are added to read as follows:
1. There is hereby established the office of the state inspector
general in the executive department. The head of the office shall be the
state inspector general who shall be appointed by the governor, BY AND
WITH THE ADVICE AND CONSENT OF THE SENATE.
6. IN THE EVENT OF A VACANCY IN THE POSITION OF STATE INSPECTOR GENER-
AL, THE GOVERNOR MAY APPOINT AN ACTING STATE INSPECTOR GENERAL. THE
TERM OF THE ACTING STATE INSPECTOR GENERAL SHALL BE NINE MONTHS FROM
APPOINTMENT AND SHALL NOT BE RENEWED.
7. THE STATE INSPECTOR GENERAL SHALL NOT SIMULTANEOUSLY HOLD ANY OTHER
POSITION IN AN OFFICE THAT HAS BEEN ESTABLISHED PURSUANT TO SECTIONS
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13694-03-8
S. 7709 2
FORTY-SIX, FIFTY-SEVEN AND SEVENTY-FOUR OF THIS CHAPTER, SECTION ONE
HUNDRED THIRTY-SIX OF THE WORKERS' COMPENSATION LAW, SECTION TWELVE
HUNDRED SEVENTY-NINE OF THE PUBLIC AUTHORITIES LAW, SECTION THIRTEEN
HUNDRED SIXTY-EIGHT OF THE RACING, PARI-MUTUEL WAGERING AND BREEDING LAW
OR SECTION THIRTY-ONE OF THE PUBLIC HEALTH LAW.
§ 3. Subdivision 7 of section 53 of the executive law, as added by
chapter 766 of the laws of 2005, is amended and a new subdivision 8 is
added to read as follows:
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[.];
8. PREPARE AND SUBMIT, NO LATER THAN FEBRUARY FIRST OF EACH YEAR, A
REPORT TO THE GOVERNOR, THE STATE COMPTROLLER, THE ATTORNEY GENERAL, THE
TEMPORARY PRESIDENT OF THE SENATE, THE MINORITY LEADER OF THE SENATE,
THE SPEAKER OF THE ASSEMBLY AND THE MINORITY LEADER OF THE ASSEMBLY
SUMMARIZING THE ACTIVITIES OF THE OFFICE DURING THE PRECEDING CALENDAR
YEAR.
§ 4. Subdivision 2 of section 57 of the executive law, as added by
section 1 of part PPP of chapter 59 of the laws of 2017, is amended and
a new subdivision 5 is added to read as follows:
2. The inspector general shall be appointed by the governor, BY AND
WITH THE ADVICE AND CONSENT OF THE SENATE, and shall hold office until
the end of the term of the governor by whom he or she is appointed and
until his or her successor is appointed.
5. THE INSPECTOR GENERAL SHALL NOT SIMULTANEOUSLY HOLD ANY OTHER POSI-
TION THAT HAS BEEN ESTABLISHED PURSUANT TO SECTION FORTY-SIX, FIFTY-TWO
OR SEVENTY-FOUR OF THIS CHAPTER, SECTION ONE HUNDRED THIRTY-SIX OF THE
WORKERS' COMPENSATION LAW, SECTION TWELVE HUNDRED SEVENTY-NINE OF THE
PUBLIC AUTHORITIES LAW, SECTION THIRTEEN HUNDRED SIXTY-EIGHT OF THE
RACING, PARI-MUTUEL WAGERING AND BREEDING LAW OR SECTION THIRTY-ONE OF
THE PUBLIC HEALTH LAW.
§ 5. Subdivisions 4 and 5 of section 58 of the executive law, as added
by section 1 of part PPP of chapter 59 of the laws of 2017, are amended
and a new subdivision 6 is added to read as follows:
4. determine with respect to such allegations whether to initiate
civil or criminal prosecution, or make a referral for further investi-
gation by an appropriate federal, state or local agency or any other
office of inspector general as is warranted, and to assist in such
investigations; [and]
5. 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, provided that the inspector general
shall maintain a written record that specifies the reason confidentiali-
ty is necessary under this subdivision[.]; AND
6. PREPARE AND SUBMIT, NO LATER THAN FEBRUARY FIRST OF EACH YEAR, A
REPORT TO THE GOVERNOR, THE STATE COMPTROLLER, THE ATTORNEY GENERAL, THE
TEMPORARY PRESIDENT OF THE SENATE, THE MINORITY LEADER OF THE SENATE,
THE SPEAKER OF THE ASSEMBLY AND THE MINORITY LEADER OF THE ASSEMBLY
SUMMARIZING THE ACTIVITIES OF THE OFFICE DURING THE PRECEDING CALENDAR
YEAR.
§ 6. Section 74 of the executive law is amended by adding two new
subdivisions 8 and 9 to read as follows:
8. VACANCIES. IN THE EVENT OF A VACANCY IN THE POSITION OF INSPECTOR,
THE GOVERNOR MAY APPOINT AN ACTING INSPECTOR. THE TERM OF THE ACTING
S. 7709 3
INSPECTOR SHALL BE NINE MONTHS FROM APPOINTMENT AND SHALL NOT BE
RENEWED.
9. RESTRICTIONS. THE INSPECTOR GENERAL SHALL NOT SIMULTANEOUSLY HOLD
ANY OTHER POSITION THAT HAS BEEN ESTABLISHED PURSUANT TO SECTION FORTY-
SIX, FIFTY-TWO OR FIFTY-SEVEN OF THIS CHAPTER, SECTION ONE HUNDRED THIR-
TY-SIX OF THE WORKERS' COMPENSATION LAW, SECTION TWELVE HUNDRED SEVEN-
TY-NINE OF THE PUBLIC AUTHORITIES LAW, SECTION THIRTEEN HUNDRED
SIXTY-EIGHT OF THE RACING, PARI-MUTUEL WAGERING AND BREEDING LAW OR
SECTION THIRTY-ONE OF THE PUBLIC HEALTH LAW.
§ 7. Subdivision 2 and paragraphs (d) and (e) of subdivision 3 of
section 136 of the workers' compensation law, as added by chapter 635 of
the laws of 1996, are amended and two new subdivisions 6 and 7 are added
to read as follows:
2. Appointment, compensation and removal. Notwithstanding any other
provision of law, the governor shall appoint the inspector general, BY
AND WITH THE ADVICE AND CONSENT OF THE SENATE. The board shall employ
and the governor shall fix the compensation of the inspector general.
The inspector general shall, and may do so without civil service exam-
ination, appoint and the board shall employ, such assistant inspectors
general and other persons as he or she deems necessary, determine their
duties and fix their compensation. Such assistant inspectors general
shall assist the inspector general in carrying out the inspector gener-
al's duties and responsibilities as set forth in this section and shall
have such powers as granted the inspector general under this section.
Employees appointed pursuant to this section without civil service exam-
ination shall be placed in the noncompetitive class of the competitive
service pursuant to subdivision two-a of section forty-two of the civil
service law and shall serve at the pleasure of the governor. The payment
of salaries and compensation of employees appointed pursuant to this
section shall be made pursuant to section one hundred forty-eight of
this chapter.
(d) to submit a written report, [on an annual basis] NO LATER THAN
FEBRUARY FIRST OF EACH YEAR, to the governor [and to], the chair of the
board, THE STATE COMPTROLLER, THE ATTORNEY GENERAL, THE TEMPORARY PRESI-
DENT OF THE SENATE, THE MINORITY LEADER OF THE SENATE, THE SPEAKER OF
THE ASSEMBLY AND THE MINORITY LEADER OF THE ASSEMBLY listing all activ-
ities undertaken to the extent such activities can be disclosed pursuant
to subdivision five of this section; and
(e) to recommend legislative and regulatory changes to the governor
[and to], the chair of the board, AND TO THE LEGISLATURE.
6. VACANCIES. IN THE EVENT OF A VACANCY IN THE POSITION OF INSPECTOR
GENERAL, THE GOVERNOR MAY APPOINT AN ACTING INSPECTOR GENERAL. THE TERM
OF THE ACTING INSPECTOR GENERAL SHALL BE NINE MONTHS FROM APPOINTMENT
AND SHALL NOT BE RENEWED.
7. RESTRICTIONS. THE INSPECTOR GENERAL SHALL NOT SIMULTANEOUSLY HOLD
ANY OTHER POSITION THAT HAS BEEN ESTABLISHED PURSUANT TO SECTION FORTY-
SIX, FIFTY-TWO, FIFTY-SEVEN OR SEVENTY-FOUR OF THE EXECUTIVE LAW,
SECTION TWELVE HUNDRED SEVENTY-NINE OF THE PUBLIC AUTHORITIES LAW,
SECTION THIRTEEN HUNDRED SIXTY-EIGHT OF THE RACING, PARI-MUTUEL WAGERING
AND BREEDING LAW OR SECTION THIRTY-ONE OF THE PUBLIC HEALTH LAW.
§ 8. Section 1368 of the racing, pari-mutuel wagering and breeding
law, as added by chapter 174 of the laws of 2013, is amended to read as
follows:
§ 1368. Establishment of the office of gaming inspector general. 1.
There is hereby created within the commission the office of gaming
inspector general. The head of the office shall be the gaming inspector
S. 7709 4
general who shall be appointed by the governor by and with the advice
and consent of the senate. The inspector general shall serve at the
pleasure of the governor. The inspector general shall report directly to
the governor. The person appointed as inspector general shall, upon his
or her appointment, have not less than ten years professional experience
in law, investigation, or auditing. The inspector general shall be
compensated within the limits of funds available therefor, provided,
however, such salary shall be no less than the salaries of certain state
officers holding the positions indicated in paragraph (a) of subdivision
one of section one hundred sixty-nine of the executive law.
2. IN THE EVENT OF A VACANCY IN THE POSITION OF GAMING INSPECTOR
GENERAL, THE GOVERNOR MAY APPOINT AN ACTING GAMING INSPECTOR GENERAL.
THE TERM OF THE ACTING GAMING INSPECTOR GENERAL SHALL BE NINE MONTHS
FROM APPOINTMENT AND SHALL NOT BE RENEWED.
§ 9. Section 1369 of the racing, pari-mutuel wagering and breeding
law, as added by chapter 174 of the laws of 2013, is amended to read as
follows:
§ 1369. State gaming inspector general; functions and duties. 1. The
state gaming inspector general shall have the following duties and
responsibilities:
[1.] (A) receive and investigate complaints from any source, or upon
his or her own initiative, concerning allegations of corruption, fraud,
criminal activity, conflicts of interest or abuse in the commission;
[2.] (B) inform the commission members of such allegations and the
progress of investigations related thereto, unless special circumstances
require confidentiality;
[3.] (C) determine with respect to such allegations whether discipli-
nary 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.] (D) prepare and release to the public written reports of such
investigations, 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 confidentiality of ongoing investigations;
[5.] (E) review and examine periodically the policies and procedures
of the commission with regard to the prevention and detection of
corruption, fraud, criminal activity, conflicts of interest or abuse;
[6.] (F) recommend remedial action to prevent or eliminate corruption,
fraud, criminal activity, conflicts of interest or abuse in the commis-
sion; [and]
[7.] (G) establish programs for training commission officers and
employees regarding the prevention and elimination of corruption, fraud,
criminal activity, conflicts of interest or abuse in the commission; AND
(H) PREPARE AND SUBMIT, NO LATER THAN FEBRUARY FIRST OF EACH YEAR, A
REPORT TO THE GOVERNOR, THE STATE COMPTROLLER, THE ATTORNEY GENERAL, THE
TEMPORARY PRESIDENT OF THE SENATE, THE MINORITY LEADER OF THE SENATE,
THE SPEAKER OF THE ASSEMBLY AND THE MINORITY LEADER OF THE ASSEMBLY
SUMMARIZING THE ACTIVITIES OF THE OFFICE DURING THE PRECEDING CALENDAR
YEAR.
2. THE GAMING INSPECTOR GENERAL SHALL NOT SIMULTANEOUSLY HOLD ANY
OTHER POSITION THAT HAS BEEN ESTABLISHED PURSUANT TO SECTION FORTY-SIX,
FIFTY-TWO, FIFTY-SEVEN OR SEVENTY-FOUR OF THE EXECUTIVE LAW, SECTION ONE
HUNDRED THIRTY-SIX OF THE WORKERS' COMPENSATION LAW, SECTION TWELVE
HUNDRED SEVENTY-NINE OF THE PUBLIC AUTHORITIES LAW OR SECTION THIRTY-ONE
OF THE PUBLIC HEALTH LAW.
S. 7709 5
§ 10. Section 1279 of the public authorities law is amended by adding
two new subdivisions 8 and 9 to read as follows:
8. IN THE EVENT OF A VACANCY IN THE POSITION OF INSPECTOR GENERAL, THE
GOVERNOR MAY APPOINT AN ACTING INSPECTOR GENERAL. THE TERM OF THE ACTING
INSPECTOR GENERAL SHALL BE NINE MONTHS FROM APPOINTMENT AND SHALL NOT BE
RENEWED.
9. THE INSPECTOR GENERAL SHALL NOT SIMULTANEOUSLY HOLD ANY OTHER POSI-
TION THAT HAS BEEN ESTABLISHED PURSUANT TO SECTION FORTY-SIX, FIFTY-TWO,
FIFTY-SEVEN OR SEVENTY-FOUR OF THE EXECUTIVE LAW, SECTION ONE HUNDRED
THIRTY-SIX OF THE WORKERS' COMPENSATION LAW, SECTION THIRTEEN HUNDRED
SIXTY-EIGHT OF THE RACING, PARI-MUTUEL WAGERING AND BREEDING LAW OR
SECTION THIRTY-ONE OF THE PUBLIC HEALTH LAW.
§ 11. Section 31 of the public health law is amended by adding two new
subdivisions 4 and 5 to read as follows:
4. IN THE EVENT OF A VACANCY IN THE POSITION OF MEDICAID INSPECTOR
GENERAL, THE GOVERNOR MAY APPOINT AN ACTING MEDICAID INSPECTOR GENERAL.
THE TERM OF THE ACTING MEDICAID INSPECTOR GENERAL SHALL BE NINE MONTHS
FROM APPOINTMENT AND SHALL NOT BE RENEWED.
5. THE MEDICAID INSPECTOR GENERAL SHALL NOT SIMULTANEOUSLY HOLD ANY
OTHER POSITION IN AN OFFICE THAT HAS BEEN ESTABLISHED PURSUANT TO
SECTIONS FORTY-SIX, FIFTY-TWO, FIFTY-SEVEN AND SEVENTY-FOUR OF THIS
CHAPTER, SECTION ONE HUNDRED THIRTY-SIX OF THE WORKERS' COMPENSATION
LAW, SECTION TWELVE HUNDRED SEVENTY-NINE OF THE PUBLIC AUTHORITIES LAW
OR SECTION THIRTEEN HUNDRED SIXTY-EIGHT OF THE RACING, PARI-MUTUEL
WAGERING AND BREEDING LAW.
§ 12. This act shall take effect immediately.