Assembly Bill A5612

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5612
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 17, 2023
                                ___________
 
 Introduced  by  M.  of  A.  ZEBROWSKI  --  read once and referred to the
   Committee on Governmental Operations
 
 AN ACT to amend the executive law, in relation to the  office  of  state
   inspector general
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivisions 1, 2 and 3 of section 52 of the executive law,
 as added by chapter 766 of the laws of 2005,  are  amended  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  AND
 CONFIRMED BY THE STATE SENATE. THE STATE INSPECTOR GENERAL SHALL HAVE AT
 LEAST  FIVE YEARS OF DEMONSTRATED EXPERIENCE OR EXPERTISE IN ACCOUNTING,
 PUBLIC ADMINISTRATION, OR AUDIT INVESTIGATIONS  AS  A  CERTIFIED  PUBLIC
 ACCOUNTANT  OR  A  CERTIFIED INTERNAL AUDITOR, AND SHALL NOT HAVE WORKED
 FOR ANY COVERED AGENCY IN THE LAST FIVE YEARS.
   2. The state inspector general shall hold office [until the end of the
 term of the governor by whom he or she was appointed and  until  his  or
 her successor is appointed and has qualified] FOR SIX YEARS.
   3.  The  state  inspector general shall report to the secretary to the
 governor AND THE LEGISLATURE. IT SHALL BE THE DUTY AND RESPONSIBILITY OF
 THE STATE INSPECTOR GENERAL TO KEEP THE SECRETARY TO  THE  GOVERNOR  AND
 THE  LEGISLATURE  FULLY  AND  CURRENTLY  INFORMED  BY  MEANS  OF REPORTS
 REQUIRED BY SECTION FIFTY-THREE OF THIS ARTICLE AND OTHERWISE,  CONCERN-
 ING  CORRUPTION,  FRAUD,  CRIMINAL  ACTIVITY,  CONFLICTS  OF INTEREST OR
 ABUSE, TO RECOMMEND CORRECTIVE ACTION CONCERNING SUCH PROBLEMS,  ABUSES,
 AND  DEFICIENCIES,  AND  TO  REPORT ON THE PROGRESS MADE IN IMPLEMENTING
 SUCH CORRECTIVE ACTION.
   § 2. Subdivision 4 of section 53 of the executive  law,  as  added  by
 chapter 766 of the laws of 2005, is amended, subdivisions 5, 6 and 7 are
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04755-01-3
              

 A. 5612                             2
 
 renumbered subdivisions 6, 7 and 8, and two new subdivisions 5 and 9 are
 added to read as follows:
   4.  prepare  and  release  to  the  LEGISLATURE AND THE public written
 reports of such investigations, as appropriate and to the extent permit-
 ted 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. REPORT IMMEDIATELY TO THE SECRETARY OF THE  GOVERNOR  WHENEVER  THE
 STATE  INSPECTOR  GENERAL  BECOMES  AWARE  OF  PARTICULARLY  SERIOUS  OR
 FLAGRANT CASES OF CORRUPTION, FRAUD,  CRIMINAL  ACTIVITY,  CONFLICTS  OF
 INTEREST  OR  ABUSE.    THE SECRETARY TO THE GOVERNOR SHALL TRANSMIT ANY
 SUCH REPORT TO THE APPROPRIATE  COMMITTEES  OF  THE  LEGISLATURE  WITHIN
 SEVEN  CALENDAR  DAYS,  TOGETHER  WITH  A REPORT BY THE SECRETARY TO THE
 GOVERNOR CONTAINING ANY COMMENTS SUCH HEAD DEEMS APPROPRIATE;
   9. (A) PROVIDE AN ANNUAL REPORT NO LATER THAN DECEMBER THIRTY-FIRST TO
 THE LEGISLATURE SUMMARIZING THE ACTIVITIES OF THE OFFICE OVER  THE  LAST
 YEAR, INCLUDING:
   (I)  A DESCRIPTION OF SIGNIFICANT CASES OF CORRUPTION, FRAUD, CRIMINAL
 ACTIVITY,  CONFLICTS  OF  INTEREST  OR  ABUSE  WITHIN  COVERED  AGENCIES
 DISCLOSED BY SUCH ACTIVITIES DURING THE REPORTING PERIOD;
   (II)  A  DESCRIPTION OF THE RECOMMENDATIONS FOR CORRECTIVE ACTION MADE
 BY THE OFFICE DURING THE REPORTING PERIOD WITH  RESPECT  TO  SIGNIFICANT
 CASES  OF CORRUPTION, FRAUD, CRIMINAL ACTIVITY, CONFLICTS OF INTEREST OR
 ABUSE IDENTIFIED PURSUANT TO THIS PARAGRAPH;
   (III) AN IDENTIFICATION OF EACH SIGNIFICANT  RECOMMENDATION  DESCRIBED
 IN  PREVIOUS  ANNUAL  REPORTS  ON  WHICH  CORRECTIVE ACTION HAS NOT BEEN
 COMPLETED;
   (IV) A SUMMARY OF MATTERS REFERRED TO PROSECUTIVE AUTHORITIES AND  THE
 PROSECUTIONS AND CONVICTIONS WHICH HAVE RESULTED;
   (V) A REPORT ON EACH INVESTIGATION CONDUCTED BY THE OFFICE INVOLVING A
 SENIOR GOVERNMENT EMPLOYEE WHERE ALLEGATIONS OF MISCONDUCT WERE SUBSTAN-
 TIATED, INCLUDING THE NAME OF THE SENIOR GOVERNMENT OFFICIAL, AS DEFINED
 BY THE DEPARTMENT OR AGENCY, IF ALREADY MADE PUBLIC BY THE OFFICE, AND A
 DETAILED DESCRIPTION OF:
   (1) THE FACTS AND CIRCUMSTANCES OF THE INVESTIGATION; AND
   (2) THE STATUS AND DISPOSITION OF THE MATTER, INCLUDING:
   (A)  IF THE MATTER WAS REFERRED TO THE LOCAL, STATE, OR FEDERAL PROSE-
 CUTORS, THE DATE OF THE REFERRAL; AND
   (B) IF THE AGENCY DECLINED THE REFERRAL, THE DATE OF THE DECLINATION;
   (VI) A DETAILED DESCRIPTION OF ANY INSTANCE OF  WHISTLEBLOWER  RETALI-
 ATION, INCLUDING INFORMATION ABOUT THE OFFICIAL FOUND TO HAVE ENGAGED IN
 RETALIATION;  AND  WHAT, IF ANY, CONSEQUENCES THE ESTABLISHMENT ACTUALLY
 IMPOSED TO HOLD THE OFFICIAL ACCOUNTABLE;
   (VII) A DETAILED DESCRIPTION OF ANY ATTEMPT  BY  COVERED  AGENCIES  TO
 INTERFERE WITH THE INDEPENDENCE OF THE OFFICE, INCLUDING INCIDENTS WHERE
 THE  AGENCY  HAS  RESISTED  OR  OBJECTED  TO OVERSIGHT ACTIVITIES OF THE
 OFFICE OR RESTRICTED OR SIGNIFICANTLY  DELAYED  ACCESS  TO  INFORMATION,
 INCLUDING THE JUSTIFICATION OF THE AGENCY FOR SUCH ACTION;
   (B)  THESE REPORTS MUST BE MADE AVAILABLE TO THE PUBLIC WITH NECESSARY
 REDACTIONS WITHIN THIRTY DAYS OF THEIR DELIVERY TO THE LEGISLATURE.
   § 3. This act shall take effect on the first of January next  succeed-
 ing the date on which it shall have become a law.