The New York State Senate

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

                                  3595

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            February 11, 2019
                               ___________

Introduced  by  Sen.  PARKER -- 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; 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 233. DEFINITIONS.
        234. ESTABLISHMENT AND ORGANIZATION.
        235. JURISDICTION.
        236. POWERS AND DUTIES.
        237. ANNUAL REPORTS.
        238. DISCLOSURE OF INFORMATION.
  § 233. 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.
  3. "INTELLIGENCE AGENCIES" SHALL MEAN ANY GOVERNMENT AGENCIES  RESPON-
SIBLE  FOR  THE  COLLECTION, ANALYSIS OR EXPLOITATION OF INFORMATION AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09532-01-9

S. 3595                             2

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.
  § 234. 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.
  §  235.  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.
  §  236.    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.
  (D) THE JURISDICTION OF THE INSPECTOR  SHALL  EXTEND  TO  ANY  COVERED
AGENCY,  OFFICER,  OR EMPLOYEE OF SUCH AGENCIES, OR ANY PERSON OR ENTITY

S. 3595                             3

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.
  § 237. 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. 3595                             4

  §  238.  DISCLOSURE  OF  INFORMATION. THE INSPECTOR SHALL NOT DISCLOSE
INFORMATION WHICH IS PROHIBITED FROM DISCLOSURE BY ANY  OTHER  PROVISION
OF LAW.
  §  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.
  § 3. This act shall take effect on the one hundred eightieth day after
it  shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized to be  made  and
completed on or before such effective date.

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

                                 3595--A

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            February 11, 2019
                               ___________

Introduced by Sens. PARKER, BRESLIN, BROOKS, HOYLMAN, JACKSON, KAVANAGH,
  LIU, SANDERS -- read twice and ordered printed, and when printed to be
  committed  to the Committee on Finance -- recommitted to the Committee
  on Finance in accordance with Senate  Rule  6,  sec.  8  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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 section 75 to
read as follows:
  § 75. OFFICE OF THE LAW ENFORCEMENT INSPECTOR  GENERAL.  1.  JURISDIC-
TION.   THIS SECTION SHALL, SUBJECT TO THE LIMITATIONS CONTAINED IN THIS
SECTION, CONFER UPON THE OFFICE OF THE LAW ENFORCEMENT INSPECTOR GENERAL
JURISDICTION OVER ALL COVERED AGENCIES. FOR THE PURPOSES OF THIS SECTION
"COVERED AGENCY" MEANS A POLICE AGENCY OR DEPARTMENT OF THE STATE OR ANY
POLITICAL SUBDIVISION THEREOF, INCLUDING AUTHORITIES OR  AGENCIES  MAIN-
TAINING A POLICE FORCE OR POLICE FORCES OF INDIVIDUALS DEFINED AS POLICE
OFFICERS  IN  SECTION  1.20  OF THE CRIMINAL PROCEDURE LAW.   WHEREVER A
COVERED AGENCY IS A BOARD, COMMISSION,  A  PUBLIC  AUTHORITY  OR  PUBLIC
BENEFIT CORPORATION, THE HEAD OF THE AGENCY IS THE CHAIRPERSON THEREOF.
  2. ESTABLISHMENT AND ORGANIZATION. (A) THERE IS HEREBY ESTABLISHED THE
OFFICE  OF  THE  LAW  ENFORCEMENT INSPECTOR GENERAL IN THE DEPARTMENT OF
LAW. THE HEAD OF THE OFFICE  SHALL  BE  THE  LAW  ENFORCEMENT  INSPECTOR
GENERAL WHO SHALL BE APPOINTED BY THE ATTORNEY GENERAL.
  (B)  THE LAW ENFORCEMENT INSPECTOR GENERAL SHALL SERVE FOR A FIVE-YEAR
TERM AND SHALL NOT HOLDOVER PURSUANT TO SECTION FIVE OF THE PUBLIC OFFI-
CERS LAW.  UPON THE EXPIRATION OF A FIVE-YEAR TERM  OR  A  VACANCY,  THE
ATTORNEY  GENERAL SHALL REAPPOINT THE OFFICE HOLDER OR APPOINT A SUCCES-
SOR WITHIN SIXTY DAYS.  THE ATTORNEY GENERAL MAY REMOVE THE LAW ENFORCE-

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

                                                           LBD09532-03-0

S. 3595--A                          2

MENT INSPECTOR GENERAL DURING HIS OR HER TERM ONLY FOR GOOD CAUSE  AFTER
AN OPPORTUNITY TO BE HEARD.
  (C)  THE  LAW  ENFORCEMENT  INSPECTOR  GENERAL MAY APPOINT ONE OR MORE
DEPUTY INSPECTORS GENERAL TO SERVE AT HIS OR HER PLEASURE.
  (D) THE SALARY OF THE  LAW  ENFORCEMENT  INSPECTOR  GENERAL  SHALL  BE
ESTABLISHED  WITHIN  THE  LIMIT  OF FUNDS AVAILABLE THEREFORE; 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 THIS CHAPTER.
  (E) THE MISSION OF THE OFFICE OF THE LAW ENFORCEMENT INSPECTOR GENERAL
SHALL BE TO REVIEW, STUDY, AUDIT AND MAKE  RECOMMENDATIONS  RELATING  TO
THE  OPERATIONS,  POLICIES,  PROGRAMS  AND  PRACTICES, INCLUDING ONGOING
PARTNERSHIPS WITH OTHER LAW ENFORCEMENT AGENCIES, OF STATE AND LOCAL LAW
ENFORCEMENT AGENCIES WITH THE GOAL OF ENHANCING THE EFFECTIVENESS OF LAW
ENFORCEMENT, INCREASING PUBLIC SAFETY, PROTECTING  CIVIL  LIBERTIES  AND
CIVIL  RIGHTS,  ENSURING  COMPLIANCE WITH CONSTITUTIONAL PROTECTIONS AND
LOCAL, STATE AND FEDERAL LAWS, AND INCREASING THE PUBLIC'S CONFIDENCE IN
LAW ENFORCEMENT.
  3. FUNCTIONS AND DUTIES. THE LAW ENFORCEMENT INSPECTOR  GENERAL  SHALL
HAVE THE FOLLOWING DUTIES AND RESPONSIBILITIES:
  (A) RECEIVE AND INVESTIGATE COMPLAINTS FROM ANY SOURCE, OR UPON HIS OR
HER  OWN INITIATIVE, CONCERNING ALLEGATIONS OF CORRUPTION, FRAUD, USE OF
EXCESSIVE FORCE, CRIMINAL ACTIVITY, CONFLICTS OF INTEREST  OR  ABUSE  IN
ANY COVERED AGENCY;
  (B)  INFORM  THE HEADS OF COVERED AGENCIES OF SUCH ALLEGATIONS AND THE
PROGRESS OF INVESTIGATIONS RELATED THERETO, UNLESS SPECIAL CIRCUMSTANCES
REQUIRE CONFIDENTIALITY;
  (C) 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;
  (D)  PREPARE  AND  RELEASE  TO  THE PUBLIC WRITTEN REPORTS OF INVESTI-
GATIONS, AS APPROPRIATE AND TO THE EXTENT PERMITTED BY LAW,  SUBJECT  TO
REDACTION TO PROTECT THE CONFIDENTIALITY OF WITNESSES AND OTHER INFORMA-
TION  THAT  WOULD  BE  EXEMPT  FROM  DISCLOSURE UNDER ARTICLE SIX OF THE
PUBLIC OFFICERS LAW. THE RELEASE OF ALL OR PORTIONS OF SUCH REPORTS  MAY
BE TEMPORARILY DEFERRED TO PROTECT THE CONFIDENTIALITY OF ONGOING INVES-
TIGATIONS;
  (E)  REVIEW  AND  EXAMINE  PERIODICALLY THE POLICIES AND PROCEDURES OF
COVERED  AGENCIES  WITH  REGARD  TO  THE  PREVENTION  AND  DETECTION  OF
CORRUPTION,  FRAUD, USE OF EXCESSIVE FORCE, CRIMINAL ACTIVITY, CONFLICTS
OF INTEREST AND ABUSE;
  (F) RECOMMEND REMEDIAL ACTION  TO  PREVENT  OR  ELIMINATE  CORRUPTION,
FRAUD,  USE OF EXCESSIVE FORCE, CRIMINAL ACTIVITY, CONFLICTS OF INTEREST
AND ABUSE IN COVERED AGENCIES; AND
  (G) INVESTIGATE PATTERNS, PRACTICES, SYSTEMIC ISSUES, OR TRENDS  IDEN-
TIFIED  BY  ANALYZING  ACTIONS,  CLAIMS, COMPLAINTS, AND INVESTIGATIONS,
INCLUDING, BUT NOT LIMITED TO, ANY PATTERNS OR TRENDS REGARDING  DEPART-
MENTS, PRECINCTS, AND COMMANDS; AND
  (H)  ON AN ANNUAL BASIS, SUBMIT TO THE GOVERNOR, THE ATTORNEY GENERAL,
THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY,  THE
MINORITY  LEADER  OF THE SENATE AND THE MINORITY LEADER OF THE ASSEMBLY,
NO LATER THAN DECEMBER THIRTY-FIRST, A REPORT SUMMARIZING THE ACTIVITIES
OF THE LAW  ENFORCEMENT  INSPECTOR  GENERAL  AND  RECOMMENDING  SPECIFIC
CHANGES  TO  STATE  LAW  TO FURTHER THE MISSION OF THE OFFICE OF THE LAW
ENFORCEMENT INSPECTOR GENERAL.

S. 3595--A                          3

  4. POWERS. THE LAW ENFORCEMENT INSPECTOR GENERAL SHALL HAVE THE  POWER
TO:
  (A) SUBPOENA AND ENFORCE THE ATTENDANCE OF WITNESSES;
  (B) ADMINISTER OATHS OR AFFIRMATIONS AND EXAMINE WITNESSES UNDER OATH;
  (C)  REQUIRE THE PRODUCTION OF ANY BOOKS AND PAPERS DEEMED RELEVANT OR
MATERIAL TO ANY INVESTIGATION, EXAMINATION OR REVIEW;
  (D) 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;
  (E) REQUIRE ANY OFFICER OR EMPLOYEE IN  A  COVERED  AGENCY  TO  ANSWER
QUESTIONS 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;
  (F)  MONITOR THE IMPLEMENTATION BY COVERED AGENCIES OF ANY RECOMMENDA-
TIONS MADE BY THE LAW ENFORCEMENT INSPECTOR GENERAL; AND
  (G) PERFORM ANY OTHER FUNCTIONS THAT ARE NECESSARY OR  APPROPRIATE  TO
FULFILL THE DUTIES AND RESPONSIBILITIES OF OFFICE.
  5.  RESPONSIBILITIES  OF COVERED AGENCIES, OFFICERS AND EMPLOYEES. (A)
EVERY OFFICER OR EMPLOYEE IN A COVERED AGENCY SHALL REPORT  PROMPTLY  TO
THE   LAW  ENFORCEMENT  INSPECTOR  GENERAL  ANY  INFORMATION  CONCERNING
CORRUPTION, FRAUD, USE OF EXCESSIVE FORCE, CRIMINAL ACTIVITY,  CONFLICTS
OF  INTEREST  OR ABUSE BY ANOTHER OFFICER OR EMPLOYEE RELATING TO HIS OR
HER OFFICE OR EMPLOYMENT, OR BY A PERSON HAVING BUSINESS DEALINGS WITH A
COVERED AGENCY RELATING TO THOSE DEALINGS. THE KNOWING  FAILURE  OF  ANY
OFFICER  OR EMPLOYEE TO SO REPORT SHALL BE CAUSE FOR REMOVAL FROM OFFICE
OR EMPLOYMENT OR OTHER APPROPRIATE PENALTY. ANY OFFICER OR EMPLOYEE  WHO
ACTS  PURSUANT  TO  THIS SUBDIVISION BY REPORTING TO THE LAW ENFORCEMENT
INSPECTOR GENERAL SHALL NOT BE SUBJECT TO DISMISSAL, DISCIPLINE OR OTHER
ADVERSE PERSONNEL ACTION.
  (B) UPON RECEIVING AT LEAST FIVE COMPLAINTS FROM FIVE OR MORE INDIVID-
UALS RELATING TO AT LEAST FIVE SEPARATE INCIDENTS  INVOLVING  A  CERTAIN
OFFICER  OR  EMPLOYEE  WITHIN  TWO YEARS, THE HEAD OF ANY COVERED AGENCY
SHALL REFER SUCH COMPLAINTS TO THE LAW ENFORCEMENT INSPECTOR GENERAL FOR
REVIEW. THE LAW ENFORCEMENT INSPECTOR  GENERAL  SHALL  INVESTIGATE  SUCH
COMPLAINTS  TO  DETERMINE  WHETHER  THE  SUBJECT OFFICER OR EMPLOYEE HAS
ENGAGED IN A PATTERN OR PRACTICE OF MISCONDUCT, USE OF EXCESSIVE  FORCE,
OR  ACTS  OF DISHONESTY. THE REFERRAL AND INVESTIGATION PURSUANT TO THIS
SUBDIVISION SHALL BE IN ADDITION TO AND SHALL NOT SUPERSEDE  ANY  CIVIL,
CRIMINAL,  ADMINISTRATIVE OR OTHER ACTION OR PROCEEDING RELATING TO SUCH
COMPLAINTS OR THE SUBJECT OFFICER OR EMPLOYEE.
  (C) THE HEAD OF ANY COVERED AGENCY  SHALL  ADVISE  THE  GOVERNOR,  THE
TEMPORARY  PRESIDENT  OF  THE  SENATE,  THE SPEAKER OF THE ASSEMBLY, THE
MINORITY LEADER OF THE SENATE AND THE MINORITY LEADER  OF  THE  ASSEMBLY
WITHIN  NINETY  DAYS  OF THE ISSUANCE OF A REPORT BY THE STATE INSPECTOR
GENERAL AS TO THE REMEDIAL ACTION THAT THE AGENCY HAS TAKEN IN  RESPONSE
TO ANY RECOMMENDATION FOR SUCH ACTION CONTAINED IN SUCH REPORT.
  (D) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO IMPEDE, INFRINGE, OR
DIMINISH THE RIGHTS, PRIVILEGES, BENEFITS OR REMEDIES THAT ACCRUE TO ANY
EMPLOYEE  PURSUANT  TO  ANY  AGREEMENT  ENTERED INTO PURSUANT TO ARTICLE
FOURTEEN OF THE CIVIL SERVICE LAW.
  § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be  adjudged  by  any  court  of

S. 3595--A                          4

competent  jurisdiction  to  be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall  be  confined  in
its  operation  to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the  legislature  that  this  act  would  have been enacted even if such
invalid provisions had not been included herein.
  § 3. This act shall take effect on the first of April next  succeeding
the date on which it shall have become a law.

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

                                 3595--B

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            February 11, 2019
                               ___________

Introduced  by  Sens. PARKER, BAILEY, BRESLIN, BROOKS, HOYLMAN, JACKSON,
  KAVANAGH, LIU, MAY, SANDERS, SERRANO -- read twice and ordered  print-
  ed,  and  when  printed to be committed to the Committee on Finance --
  recommitted to the Committee on Finance in accordance with Senate Rule
  6, sec. 8 -- committee discharged, bill amended, ordered reprinted  as
  amended  and  recommitted  to  said committee -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  to  said
  committee

AN  ACT to amend the executive law, the public authorities law and chap-
  ter 154 of the laws of 1921 relating to the port authority of New York
  and New Jersey,  in  relation  to  establishing  the  law  enforcement
  misconduct investigative office

  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 section 75  to
read as follows:
  §  75.  LAW ENFORCEMENT MISCONDUCT INVESTIGATIVE OFFICE.  1. JURISDIC-
TION. THIS SECTION SHALL, SUBJECT TO THE LIMITATIONS CONTAINED  IN  THIS
SECTION, CONFER UPON THE LAW ENFORCEMENT MISCONDUCT INVESTIGATIVE OFFICE
JURISDICTION OVER ALL COVERED AGENCIES. FOR THE PURPOSES OF THIS SECTION
"COVERED AGENCY" MEANS A POLICE AGENCY OR DEPARTMENT OF THE STATE OR ANY
POLITICAL  SUBDIVISION  THEREOF, INCLUDING AUTHORITIES OR AGENCIES MAIN-
TAINING A POLICE FORCE OR POLICE FORCES OF INDIVIDUALS DEFINED AS POLICE
OFFICERS IN SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW, PROVIDED  HOWEV-
ER, COVERED AGENCY DOES NOT INCLUDE ANY AGENCY UNDER THE JURISDICTION OF
THE  STATE INSPECTOR GENERAL PURSUANT TO ARTICLE FOUR-A OF THE EXECUTIVE
LAW, THE METROPOLITAN TRANSPORTATION AUTHORITY INSPECTOR GENERAL  PURSU-
ANT  TO  SECTION    ONE  THOUSAND TWO HUNDRED SEVENTY-NINE OF THE PUBLIC
AUTHORITIES LAW, OR THE PORT AUTHORITY  INSPECTOR  GENERAL  PURSUANT  TO
CHAPTER  ONE  HUNDRED  FIFTY-FOUR  OF  THE  LAWS OF NINETEEN TWENTY-ONE.
WHEREVER A COVERED AGENCY IS A BOARD, COMMISSION, A PUBLIC AUTHORITY  OR

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

                                                           LBD09532-05-0

S. 3595--B                          2

PUBLIC  BENEFIT  CORPORATION,  THE HEAD OF THE AGENCY IS THE CHAIRPERSON
THEREOF.
  2. ESTABLISHMENT AND ORGANIZATION. (A) THERE IS HEREBY ESTABLISHED THE
LAW  ENFORCEMENT  MISCONDUCT  INVESTIGATIVE  OFFICE IN THE DEPARTMENT OF
LAW. THE HEAD OF THE OFFICE SHALL BE THE DIRECTOR WHO SHALL BE APPOINTED
BY THE ATTORNEY GENERAL.
  (B) THE DIRECTOR SHALL SERVE FOR A FIVE-YEAR TERM AND SHALL NOT  HOLD-
OVER  PURSUANT  TO  SECTION  FIVE  OF THE PUBLIC OFFICERS LAW.  UPON THE
EXPIRATION OF A FIVE-YEAR TERM OR A VACANCY, THE ATTORNEY GENERAL  SHALL
REAPPOINT  THE  OFFICE  HOLDER OR APPOINT A SUCCESSOR WITHIN SIXTY DAYS.
THE ATTORNEY GENERAL MAY REMOVE THE DIRECTOR DURING HIS OR HER TERM ONLY
FOR GOOD CAUSE AFTER AN OPPORTUNITY TO BE HEARD.
  (C) THE DIRECTOR MAY APPOINT ONE OR MORE DEPUTY DIRECTORS TO SERVE  AT
HIS OR HER PLEASURE.
  (D)  THE  SALARY OF THE DIRECTOR SHALL BE ESTABLISHED WITHIN THE LIMIT
OF FUNDS AVAILABLE THEREFORE; 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 THIS CHAPTER.
  (E) THE MISSION OF THE LAW ENFORCEMENT MISCONDUCT INVESTIGATIVE OFFICE
SHALL BE TO REVIEW, STUDY, AUDIT AND MAKE  RECOMMENDATIONS  RELATING  TO
THE  OPERATIONS,  POLICIES,  PROGRAMS  AND  PRACTICES, INCLUDING ONGOING
PARTNERSHIPS WITH OTHER LAW ENFORCEMENT AGENCIES, OF STATE AND LOCAL LAW
ENFORCEMENT AGENCIES WITH THE GOAL OF ENHANCING THE EFFECTIVENESS OF LAW
ENFORCEMENT, INCREASING PUBLIC SAFETY, PROTECTING  CIVIL  LIBERTIES  AND
CIVIL  RIGHTS,  ENSURING  COMPLIANCE WITH CONSTITUTIONAL PROTECTIONS AND
LOCAL, STATE AND FEDERAL LAWS, AND INCREASING THE PUBLIC'S CONFIDENCE IN
LAW ENFORCEMENT.
  3. FUNCTIONS AND DUTIES. THE DIRECTOR SHALL HAVE THE FOLLOWING  DUTIES
AND RESPONSIBILITIES:
  (A) RECEIVE AND INVESTIGATE COMPLAINTS FROM ANY SOURCE, OR UPON HIS OR
HER  OWN INITIATIVE, CONCERNING ALLEGATIONS OF CORRUPTION, FRAUD, USE OF
EXCESSIVE FORCE, CRIMINAL ACTIVITY, CONFLICTS OF INTEREST  OR  ABUSE  IN
ANY COVERED AGENCY;
  (B)  INFORM  THE HEADS OF COVERED AGENCIES OF SUCH ALLEGATIONS AND THE
PROGRESS OF INVESTIGATIONS RELATED THERETO, UNLESS SPECIAL CIRCUMSTANCES
REQUIRE CONFIDENTIALITY;
  (C) 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,  IF REQUESTED BY SUCH FEDERAL, STATE, OR LOCAL
AGENCY;
  (D) PREPARE AND RELEASE TO THE  PUBLIC  WRITTEN  REPORTS  OF  INVESTI-
GATIONS,  AS  APPROPRIATE AND TO THE EXTENT PERMITTED BY LAW, SUBJECT TO
REDACTION TO PROTECT THE CONFIDENTIALITY OF WITNESSES AND OTHER INFORMA-
TION THAT WOULD BE EXEMPT FROM  DISCLOSURE  UNDER  ARTICLE  SIX  OF  THE
PUBLIC  OFFICERS LAW. THE RELEASE OF ALL OR PORTIONS OF SUCH REPORTS MAY
BE TEMPORARILY DEFERRED TO PROTECT THE CONFIDENTIALITY OF ONGOING INVES-
TIGATIONS;
  (E) REVIEW AND EXAMINE PERIODICALLY THE  POLICIES  AND  PROCEDURES  OF
COVERED  AGENCIES  WITH  REGARD  TO  THE  PREVENTION  AND  DETECTION  OF
CORRUPTION, FRAUD, USE OF EXCESSIVE FORCE, CRIMINAL ACTIVITY,  CONFLICTS
OF INTEREST AND ABUSE;
  (F)  RECOMMEND  REMEDIAL  ACTION  TO  PREVENT OR ELIMINATE CORRUPTION,
FRAUD, USE OF EXCESSIVE FORCE, CRIMINAL ACTIVITY, CONFLICTS OF  INTEREST
AND ABUSE IN COVERED AGENCIES; AND

S. 3595--B                          3

  (G)  INVESTIGATE PATTERNS, PRACTICES, SYSTEMIC ISSUES, OR TRENDS IDEN-
TIFIED BY ANALYZING ACTIONS,  CLAIMS,  COMPLAINTS,  AND  INVESTIGATIONS,
INCLUDING,  BUT NOT LIMITED TO, ANY PATTERNS OR TRENDS REGARDING DEPART-
MENTS, PRECINCTS, AND COMMANDS; AND
  (H)  ON AN ANNUAL BASIS, SUBMIT TO THE GOVERNOR, THE ATTORNEY GENERAL,
THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY,  THE
MINORITY  LEADER  OF THE SENATE AND THE MINORITY LEADER OF THE ASSEMBLY,
NO LATER THAN DECEMBER THIRTY-FIRST, A REPORT SUMMARIZING THE ACTIVITIES
OF THE DIRECTOR AND  RECOMMENDING  SPECIFIC  CHANGES  TO  STATE  LAW  TO
FURTHER  THE  MISSION  OF  THE  LAW ENFORCEMENT MISCONDUCT INVESTIGATIVE
OFFICE.
  4. POWERS. THE DIRECTOR SHALL HAVE THE POWER TO:
  (A) SUBPOENA AND ENFORCE THE ATTENDANCE OF WITNESSES;
  (B) ADMINISTER OATHS OR AFFIRMATIONS AND EXAMINE WITNESSES UNDER OATH;
  (C) REQUIRE THE PRODUCTION OF ANY BOOKS AND PAPERS DEEMED RELEVANT  OR
MATERIAL TO ANY INVESTIGATION, EXAMINATION OR REVIEW;
  (D)  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;
  (E)  REQUIRE  ANY  OFFICER  OR  EMPLOYEE IN A COVERED AGENCY TO ANSWER
QUESTIONS 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;
  (F) MONITOR THE IMPLEMENTATION BY COVERED AGENCIES OF ANY  RECOMMENDA-
TIONS MADE BY THE LAW ENFORCEMENT MISCONDUCT INVESTIGATIVE OFFICE; AND
  (G)  PERFORM  ANY OTHER FUNCTIONS THAT ARE NECESSARY OR APPROPRIATE TO
FULFILL THE DUTIES AND RESPONSIBILITIES OF OFFICE.
  5. RESPONSIBILITIES OF COVERED AGENCIES, OFFICERS AND  EMPLOYEES.  (A)
EVERY  OFFICER  OR EMPLOYEE IN A COVERED AGENCY SHALL REPORT PROMPTLY TO
THE LAW ENFORCEMENT  MISCONDUCT  INVESTIGATIVE  OFFICE  ANY  INFORMATION
CONCERNING CORRUPTION, FRAUD, USE OF EXCESSIVE FORCE, CRIMINAL ACTIVITY,
CONFLICTS  OF  INTEREST OR ABUSE BY ANOTHER OFFICER OR EMPLOYEE RELATING
TO HIS OR HER OFFICE OR EMPLOYMENT, OR BY A PERSON HAVING BUSINESS DEAL-
INGS WITH A COVERED AGENCY RELATING TO THOSE DEALINGS. THE KNOWING FAIL-
URE OF ANY OFFICER OR EMPLOYEE TO SO REPORT SHALL BE CAUSE  FOR  REMOVAL
FROM  OFFICE  OR EMPLOYMENT OR OTHER APPROPRIATE PENALTY. ANY OFFICER OR
EMPLOYEE WHO ACTS PURSUANT TO THIS SUBDIVISION BY REPORTING TO  THE  LAW
ENFORCEMENT  MISCONDUCT  INVESTIGATIVE  OFFICE  SHALL  NOT BE SUBJECT TO
DISMISSAL, DISCIPLINE OR OTHER ADVERSE PERSONNEL ACTION.
  (B) UPON RECEIVING AT LEAST FIVE COMPLAINTS FROM FIVE OR MORE INDIVID-
UALS RELATING TO AT LEAST FIVE SEPARATE INCIDENTS  INVOLVING  A  CERTAIN
OFFICER  OR  EMPLOYEE  WITHIN  TWO YEARS, THE HEAD OF ANY COVERED AGENCY
SHALL REFER SUCH COMPLAINTS TO THE LAW ENFORCEMENT  MISCONDUCT  INVESTI-
GATIVE  OFFICE  FOR REVIEW. THE LAW ENFORCEMENT MISCONDUCT INVESTIGATIVE
OFFICE SHALL  INVESTIGATE  SUCH  COMPLAINTS  TO  DETERMINE  WHETHER  THE
SUBJECT  OFFICER  OR  EMPLOYEE  HAS  ENGAGED IN A PATTERN OR PRACTICE OF
MISCONDUCT, USE OF EXCESSIVE FORCE, OR ACTS OF DISHONESTY. THE  REFERRAL
AND  INVESTIGATION  PURSUANT TO THIS SUBDIVISION SHALL BE IN ADDITION TO
AND SHALL NOT SUPERSEDE ANY CIVIL,  CRIMINAL,  ADMINISTRATIVE  OR  OTHER
ACTION  OR PROCEEDING RELATING TO SUCH COMPLAINTS OR THE SUBJECT OFFICER
OR EMPLOYEE.

S. 3595--B                          4

  (C) THE HEAD OF ANY COVERED AGENCY  SHALL  ADVISE  THE  GOVERNOR,  THE
TEMPORARY  PRESIDENT  OF  THE  SENATE,  THE SPEAKER OF THE ASSEMBLY, THE
MINORITY LEADER OF THE SENATE AND THE MINORITY LEADER  OF  THE  ASSEMBLY
WITHIN  NINETY  DAYS  OF THE ISSUANCE OF A REPORT BY THE LAW ENFORCEMENT
MISCONDUCT INVESTIGATIVE OFFICE AS TO THE REMEDIAL ACTION THAT THE AGEN-
CY HAS TAKEN IN RESPONSE TO ANY RECOMMENDATION FOR SUCH ACTION CONTAINED
IN SUCH REPORT.
  (D) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO IMPEDE, INFRINGE, OR
DIMINISH THE RIGHTS, PRIVILEGES, BENEFITS OR REMEDIES THAT ACCRUE TO ANY
EMPLOYEE  PURSUANT  TO  ANY  AGREEMENT  ENTERED INTO PURSUANT TO ARTICLE
FOURTEEN OF THE CIVIL SERVICE LAW.
  § 2. Section 53 of the executive law is amended by adding a new subdi-
vision 1-a to read as follows:
  1-A. RECEIVE AND INVESTIGATE COMPLAINTS FROM ANY SOURCE, OR  UPON  HIS
OR  HER OWN INITIATIVE, CONCERNING ALLEGATIONS OF CORRUPTION, FRAUD, USE
OF EXCESSIVE FORCE, CRIMINAL ACTIVITY, CONFLICTS OF INTEREST OR ABUSE BY
ANY POLICE OFFICER IN A COVERED AGENCY.
  § 3. Subdivision 4 of section 1279 of the public  authorities  law  is
amended by adding a new paragraph (a-1) to read as follows:
  (A-1)  TO  RECEIVE AND INVESTIGATE COMPLAINTS FROM ANY SOURCE, OR UPON
HIS OR HER OWN INITIATIVE, CONCERNING ALLEGATIONS OF CORRUPTION,  FRAUD,
USE  OF  EXCESSIVE  FORCE,  CRIMINAL  ACTIVITY, CONFLICTS OF INTEREST OR
ABUSE BY ANY POLICE OFFICER UNDER THE JURISDICTION OF THE OFFICE OF  THE
METROPOLITAN TRANSPORTATION AUTHORITY.
  § 4. Paragraph a of subdivision 6 of article 4 of section 1 of chapter
154  of  the laws of 1921 relating to the port authority of New York and
New Jersey, as amended by chapter 559 of the laws of 2015, is amended to
read as follows:
  a. The inspector general shall be responsible for receiving and inves-
tigating, where appropriate, all complaints regarding fraud, waste,  and
abuse by commissioners, officers, and employees of the port authority or
third-parties  doing  business  with  the  port authority. THE INSPECTOR
GENERAL SHALL ALSO RECEIVE AND INVESTIGATE COMPLAINTS FROM  ANY  SOURCE,
OR UPON HIS OR HER OWN INITIATIVE, CONCERNING ALLEGATIONS OF CORRUPTION,
FRAUD,  USE OF EXCESSIVE FORCE, CRIMINAL ACTIVITY, CONFLICTS OF INTEREST
OR ABUSE BY ANY POLICE  OFFICER  UNDER  THE  JURISDICTION  OF  THE  PORT
AUTHORITY.  The inspector general shall also be responsible for conduct-
ing investigations upon the inspector general's own initiative,  as  the
inspector general shall deem appropriate.
  § 5. Severability clause. If any clause, sentence, paragraph, subdivi-
sion,  section  or  part  of  this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment  shall  not  affect,
impair,  or  invalidate  the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph,  subdivision,  section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the  legislature  that  this  act  would  have been enacted even if such
invalid provisions had not been included herein.
  § 6. This act shall take effect on the first of April next  succeeding
the  date  on  which  it shall have become a law, provided however, that
section four of this act shall take effect upon the enactment  into  law
by  the  state  of  New Jersey of legislation having an identical effect
with this act, but if the state of New Jersey shall have already enacted
such legislation, this act shall take effect immediately; provided  that
the  attorney general shall notify the legislative bill drafting commis-
sion upon the occurrence of the enactment of  the  legislation  provided

S. 3595--B                          5

for  in  section four of this act in order that the commission may main-
tain an accurate and timely effective data base of the official text  of
the  laws  of  the  state of New York in furtherance of effectuating the
provisions  of section 44 of the legislative law and section 70-b of the
public officers law.