NY State Senate Bill 2021-S4752

Senate Bill S4752

2021-2022 Legislative Session

Establishes a legislative intelligence committee to provide oversight, review, approval and audits of appropriations and expenditures of counterterrorism agencies

download bill text pdf

Archive: Last Bill Status - In Senate Committee Veterans, Homeland Security And Military Affairs 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to veterans, homeland security and military affairs
Feb 10, 2021	referred to veterans, homeland security and military affairs

2021-S4752 (ACTIVE) - Details

Current Committee:: Senate Veterans, Homeland Security And Military Affairs
Law Section:: Executive Law
Laws Affected:: Add §719, Exec L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S6643
2013-2014: S2407, S6272
2015-2016: S1773
2017-2018: S3430
2019-2020: S4546
2023-2024: S5697
2025-2026: S4138

2021-S4752 (ACTIVE) - Summary

Establishes a legislative intelligence committee to provide oversight, review, approval and audits of appropriations and expenditures of counterterrorism agencies.

2021-S4752 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4752

SPONSOR: PARKER
 
TITLE OF BILL:

An act to amend the executive law, in relation to establishing a legis-
lative intelligence committee

 
PURPOSE:

To create a bi-cameral and bi-partisan select legislative intelligence
committee with the responsibility of providing oversight, review
approval and audit regarding the appropriation, allocation and expendi-
ture of all funds, state, federal and private intended for the Office of
Homeland Security and all involved state, cities, municipalities and all
legal political subdivision engaged in any and all homeland security and
anti-terrorism activities The committee shall have the power to compel
the attendance of witnesses and the production of records. The State
Office of Homeland Security shall be responsible for the submission of
periodic reports to the bicameral, bi-partisan legislative intelligence
committee with a frequency to be established by the committee, regarding
the proposed allocation of all funds, state, federal and private,

including The New York City Police Department Counter-Terrorism Founda-
tion, Inc and the New York City Police Department Foundation, and any
other not-for-profit corporations or entities intended for homeland
security and anti-terrorism activities. Legislative members of the
intelligence committee shall be subject to the confidentiality protocol
related to sensitive information and be subject to the requisite securi-
ty clearances established by the federal government.

 
SUMMARY OF PROVISIONS:

Section 1: amends the executive law by adding a new section 719 to
establish a legislative intelligence committee with extensive powers to
oversee, examine, review and approve all homeland security and anti-ter-
rorism activities executed by any law-enforcement office r or employee
subject to the New York State Pension system or any consultants who
shall be paid from all funds, state, federal and private intended for
homeland security and anti-terrorism activities.

 
JUSTIFICATION:

Surveillance activities by New York State based law-enforcement offi-
cers, employed by the State and its subdivisions and members of the New
York State Pension system, have been engaged in surveillance and intel-
ligence activities specifically focused on mosques, businesses and the
websites, educational institutions, student organizations affiliated
with individuals of Muslim faith within New York State and beyond its
geographic boundaries, including other states. NYPD also conducts oper-
ations in at least eleven foreign cities including London, Paris, Madrid
and Tel Aviv clearly basing their investigations on the basis of reli-
gion. Currently the NYPD is "prohibited under its own guidelines and
city law from basing its investigations on religion" and many of its own
recommendations are prohibited under FBI guidelines. Intelligence
experts have identified New York State as not having a focal point for
intelligence but rather as embedded into other disciplines. It bears
noting that the Central Intelligence Agency has been actively assisting
NYPD for the last ten years notwithstanding a disavowal, according to
press reports, by Scott Muller, CIA General Counsel, Such collaborations
are subject to the General Counsel's approval. This bill seeks to secure
the safety and civil rights of the residents of New York State and to
ensure the lawful allocation of funds for intelligence activities imple-
mented within its borders and by employees of the State,its cities and
municipal subdivisions.

 
LEGISLATIVE HISTORY:

2019-20:S .4546 - Referred to Veterans, Homeland Security and Military
Affairs
2017-18: S.3430 - REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY
AFFAIRS
2015-16: S.1773 - Referred to Veterans, Homel and Security and Military
Affairs
2013-14: S.6272 - Referred to Veterans, Homeland Security and Military
Affairs
2011-12: S.2407 - Referred to Finance
2010-11: S.6643 - Referred to Finance

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S4752 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4752
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 10, 2021
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Veterans, Homeland Securi-
   ty and Military Affairs
 
 AN ACT to amend the executive law, in relation to establishing a  legis-
   lative intelligence committee

   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 719 to
 read as follows:
   § 719. LEGISLATIVE INTELLIGENCE COMMITTEE. 1. THERE IS  HEREBY  ESTAB-
 LISHED  A  LEGISLATIVE  INTELLIGENCE  COMMITTEE.  SUCH  COMMITTEE  SHALL
 CONSIST OF TWELVE MEMBERS, THREE OF  WHOM  SHALL  BE  APPOINTED  BY  THE
 TEMPORARY  PRESIDENT  OF THE SENATE, THREE OF WHOM SHALL BE APPOINTED BY
 THE SPEAKER OF THE ASSEMBLY, THREE OF WHOM SHALL  BE  APPOINTED  BY  THE
 MINORITY  LEADER  OF  THE SENATE AND THREE OF WHOM SHALL BE APPOINTED BY
 THE MINORITY LEADER OF THE ASSEMBLY.  MEMBERS  OF  THE  COMMITTEE  SHALL
 SERVE  AT  THE  PLEASURE  OF  THE APPOINTING AUTHORITY. VACANCIES ON THE
 COMMITTEE SHALL BE FILLED IN THE SAME MANNER AS  THE  ORIGINAL  APPOINT-
 MENT.  MEMBERS  OF THE COMMITTEE SHALL RECEIVE NO COMPENSATION FOR THEIR
 SERVICES, BUT SHALL BE  ALLOWED  THEIR  ACTUAL  AND  NECESSARY  EXPENSES
 INCURRED IN THE PERFORMANCE OF THEIR DUTIES PURSUANT TO THIS SECTION.
   2.  FOR  PURPOSES  OF THIS SECTION, THE TERM "COUNTERTERRORISM AGENCY"
 SHALL MEAN THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES, THE
 OFFICE OF COUNTERTERRORISM, THE NEW YORK CITY  POLICE  DEPARTMENT  COUN-
 TER-TERRORISM  FOUNDATION,  INC.,  THE  NEW  YORK CITY POLICE DEPARTMENT
 FOUNDATION, ANY NOT-FOR-PROFIT CORPORATION OR ANY OTHER ENTITY UNDER THE
 JURISDICTION OF ANY CITY, COUNTY, TOWN OR VILLAGE  LOCATED  WITHIN  THIS
 STATE  THAT IS ESTABLISHED FOR THE PURPOSE OF ENGAGING IN COUNTERTERROR-
 ISM ACTIVITIES.
   3. THE LEGISLATIVE INTELLIGENCE COMMITTEE ESTABLISHED PURSUANT TO THIS
 SECTION SHALL:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD09239-01-1

 S. 4752                             2
 
   A. PROVIDE OVERSIGHT AND REVIEW OF ALL APPROPRIATIONS AND  ALLOCATIONS
 TO  EVERY  COUNTERTERRORISM  AGENCY  LOCATED  WITHIN  THE STATE FROM ANY
 SOURCE;
   B. APPROVE THE EXPENDITURE OF ANY FUNDS MADE BY EVERY COUNTERTERRORISM
 AGENCY LOCATED WITHIN THE STATE PRIOR TO THE EXPENDITURE OF SUCH FUNDS;
   C. CONDUCT AUDITS REGARDING THE APPROPRIATION, ALLOCATION AND EXPENDI-
 TURE  OF  ALL  FUNDS OF EVERY COUNTERTERRORISM AGENCY LOCATED WITHIN THE
 STATE; AND
   D. REQUIRE AND RECEIVE REPORTS FROM THE DIVISION OF HOMELAND  SECURITY
 AND EMERGENCY SERVICES IN A MANNER AND FREQUENCY TO BE DETERMINED BY THE
 COMMITTEE.   SUCH REPORTS SHALL INCLUDE, BUT NOT BE LIMITED TO, INFORMA-
 TION REGARDING THE APPROPRIATION,  ALLOCATION  AND  EXPENDITURE  OF  ALL
 FUNDS OF EVERY COUNTERTERRORISM AGENCY LOCATED WITHIN THE STATE, AND ANY
 OTHER INFORMATION THE COMMITTEE SHALL DEEM NECESSARY.
   4.  THE  LEGISLATIVE  INTELLIGENCE  COMMITTEE  SHALL HAVE THE POWER TO
 SUBPOENA AND TO TAKE TESTIMONY BY DEPOSITION AND THE POWER TO COMPEL THE
 ATTENDANCE OF WITNESSES AND THE  PRODUCTION  OF  RECORDS,  IN  THE  SAME
 MANNER  AS  PRESCRIBED  BY  LAW IN JUDICIAL PROCEEDINGS IN THE COURTS OF
 THIS STATE.
   5. THE LEGISLATIVE INTELLIGENCE COMMITTEE  IS  AUTHORIZED  TO  EMPLOY,
 CONTRACT  FOR  OR UTILIZE THE SERVICES OF ANY PERSON, FIRM, PARTNERSHIP,
 ASSOCIATION, CORPORATION, GOVERNMENTAL AGENCY, OR AUTHORITY TO CARRY OUT
 ITS POWERS AND DUTIES AUTHORIZED OR MANDATED PURSUANT TO THE  PROVISIONS
 OF THIS SECTION.
   6.  MEMBERS OF THE LEGISLATIVE INTELLIGENCE COMMITTEE SHALL BE SUBJECT
 TO THE CONFIDENTIALITY PROTOCOL RELATED TO SENSITIVE INFORMATION AND  BE
 SUBJECT  TO  REQUISITE SECURITY CLEARANCES AS ESTABLISHED BY THE FEDERAL
 GOVERNMENT.
   § 2. This act shall take effect immediately.

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