Senate Bill S53

2023-2024 Legislative Session

Relates to granting the legislature the power to direct the attorney-general by concurrent resolution to inquire into matters concerning the public peace, public safety and public justice

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Archive: Last Bill Status - In Senate Committee Rules 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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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 07, 2024	committed to rules
May 08, 2024	advanced to third reading
May 07, 2024	2nd report cal.
May 06, 2024	1st report cal.864
Jan 03, 2024	referred to investigations and government operations
Jan 04, 2023	referred to investigations and government operations

Votes

- May 6, 2024 - Investigations And Government Operations Committee Vote
  S53
  
  Aye
  
  5
  
  Nay
  
  0
  
  Aye with Reservations
  
  1
  
  Absent
  
  0
  
  Excused
  
  1
  
  Abstained
  
  0
  - - Investigations And Government Operations Committee Vote: May 6, 2024
      
      aye (5)
      
      Fernandez
      
      Gounardes
      
      Hoylman-Sigal
      
      Sepúlveda
      
      Skoufis
      
      aye wr (1)
      
      Palumbo
      
      excused (1)
      
      O'Mara

co-Sponsors

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2023-S53 (ACTIVE) - Details

See Assembly Version of this Bill:: A1688
Current Committee:: Senate Rules
Law Section:: Executive Law
Laws Affected:: Amd §63, Exec L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S5306, A7115
2025-2026: S412, A1312

2023-S53 (ACTIVE) - Summary

Grants the legislature the authority to direct the attorney-general by concurrent resolution to inquire into matters concerning the public peace, public safety and public justice.

2023-S53 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S53                 Revised 12/29/2023

SPONSOR: GOUNARDES
 
TITLE OF BILL:

An act to amend the executive law, in relation to granting the legisla-
ture the authority to direct the attorney-general to inquire into
matters concerning the public peace, public safety and public justice

 
PURPOSE OR GENERAL IDEA OF BILL:

To create a process by which the legislature may refer matters of public
peace, safety and justice directly to the Attorney General for investi-
gation and review

 
SUMMARY OF PROVISIONS:

Section one of the bill amends subdivision 8 of section 63 of the Execu-
tive Law to establish a process by which the legislature may direct the
Attorney General to initiate investigations by passage of concurrent
resolution. As there is already an existing process by which the Gover-
nor may initiate investigations, this paragraph duplicates all of the

same provisions surrounding appointments, disbursement of funds, subpoe-
na power, and weekly reporting. This paragraph further provides that the
investigation shall be free from interference from the Executive and
that the legislature and Attorney General are empowered to take addi-
tional steps to shield the investigation from attempts to influence it.

Section two sets an immediate effective date.

 
JUSTIFICATION:

Section 63 of the Executive Law allows Attorneys General to investigate
and prosecute potentially illegal misconduct by executives and agency
officials when the officials themselves request such investigation
pursuant to subdivision 3 of such section.  Alternatively, an Attorney
General may pursue an investigation if it is a matter of "public peace,
public safety and public justice" under subdivision 8, but only with the
express permission of the Governor or if directed by them. As part of a
subdivision 8 investigation, the Governor is granted control over salary
levels for appointments made to implement the investigation, immediate
access to names of candidates for such appointments, power over
disbursement of funds payable only by a check of the Attorney General,
which the Governor must countersign, the ability to audit disbursements,
and access to a weekly report, in a format approved by the Governor,
from the deputies and other officers conducting the investigation.

This process, in which the Governor both initiates and referees an
investigation into themselves, falls far short of delivering the inde-
pendence and autonomy that an Attorney General needs in order to hold
those in power truly accountable. This bill aims to correct this injus-
tice by establishing a process by which the legislature may refer inves-
tigations to the Attorney General under Executive Law § 63(8), independ-
ent of the Executive. The bill provides that pertinent case information
such as appointments and witnesses may be shared only among the deputies
carrying out the investigation, the Attorney General, and the legisla-
ture, and that these actors are empowered to take any measures they deem
necessary to shield the investigation from inappropriate attempts to
influence and subvert it. The alternative roadmap to justice established
by this bill will help assure the people of New York that matters of
alleged misconduct by public officials are investigated thoroughly and
with integrity.

 
PRIOR LEGISLATIVE HISTORY:

2023: Referred to Investigations and Government Operations

2022: Referred to Investigations and Government Operations

2021: Referred to Investigations and Government Operations

 
FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
Immediate

2023-S53 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    53
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  Sens.  GOUNARDES,  BAILEY,  BRISPORT, HINCHEY, LIU, MAY,
   MAYER, SALAZAR, SANDERS -- 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 executive law, in relation to granting the legisla-
   ture the authority to direct  the  attorney-general  to  inquire  into
   matters concerning the public peace, public safety and public justice
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 8 of  section  63  of  the  executive  law,  as
 amended  by  chapter  451  of  the  laws  of 1977, is amended to read as
 follows:
   8. (A) Whenever in his OR HER judgment the  public  interest  requires
 it,  the  attorney-general  may,  with the approval of the governor, and
 when directed by the governor, shall, inquire  into  matters  concerning
 the  public peace, public safety and public justice. For such purpose he
 OR SHE may, in his OR HER discretion, and without civil service examina-
 tion, appoint and employ, and at pleasure remove, such  deputies,  offi-
 cers  and  other  persons  as he OR SHE deems necessary, determine their
 duties and, with the approval of the governor, fix  their  compensation.
 All  appointments made pursuant to this [subdivision] PARAGRAPH shall be
 immediately reported to the governor, and shall not be reported  to  any
 other state officer or department. Payments of salaries and compensation
 of  officers  and  employees and of the expenses of the inquiry shall be
 made out of funds provided by the legislature for such  purposes,  which
 shall be deposited in a bank or trust company in the names of the gover-
 nor  and the attorney-general, payable only on the draft or check of the
 attorney-general, countersigned by the governor, and such  disbursements
 shall  be  subject  to no audit except by the governor and the attorney-
 general. The attorney-general, his OR  HER  deputy,  or  other  officer,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01529-01-3
 S. 53                               2
 
 designated  by  him  OR  HER, is empowered to subpoena witnesses, compel
 their attendance, examine them under oath before himself OR HERSELF or a
 magistrate and require that any books, records, documents [or],  papers,
 OR  ELECTRONIC  COMMUNICATIONS  OR  RECORDS  relevant or material to the
 inquiry be turned over to him OR  HER  for  inspection,  examination  or
 audit, pursuant to the civil practice law and rules. If a person subpoe-
 naed to attend upon such inquiry fails to obey the command of a subpoena
 without reasonable cause, or if a person in attendance upon such inquiry
 shall, without reasonable cause, refuse to be sworn or to be examined or
 to  answer  a  question  or to produce a book [or], paper, OR ELECTRONIC
 COMMUNICATION OR RECORD, when ordered so to do by the officer conducting
 such inquiry, he OR SHE shall be guilty of a misdemeanor.  It  shall  be
 the duty of all public officers, their deputies, assistants and subordi-
 nates,  clerks  and  employees,  and  all  other  persons, to render and
 furnish to the attorney-general, his OR HER deputy or  other  designated
 officer,  when  requested,  all  information  and  assistance  in  their
 possession  and  within  their  power.  Each  deputy  or  other  officer
 appointed  or  designated  to  conduct  such inquiry shall make a weekly
 report in detail to the attorney-general, in form to be approved by  the
 governor  and  the attorney-general, which report shall be in duplicate,
 one copy of which shall be forthwith, upon its receipt by the  attorney-
 general,  transmitted by him OR HER to the governor. Any officer partic-
 ipating in such inquiry and any person examined as a witness  upon  such
 inquiry  who shall disclose to any person other than the governor or the
 attorney-general the name of any witness  examined  or  any  information
 obtained  upon  such  inquiry, except as directed by the governor or the
 attorney-general, shall be guilty of a misdemeanor.
   (B) PROVIDED, FURTHER, THAT THE  LEGISLATURE  SHALL  BE  EMPOWERED  TO
 DIRECT  THE  ATTORNEY-GENERAL  BY  CONCURRENT RESOLUTION TO INQUIRE INTO
 MATTERS CONCERNING THE PUBLIC PEACE, PUBLIC SAFETY AND  PUBLIC  JUSTICE.
 FOR  SUCH  PURPOSES  THE ATTORNEY-GENERAL MAY, IN HIS OR HER DISCRETION,
 AND WITHOUT CIVIL SERVICE EXAMINATION, APPOINT AND EMPLOY, AND AT PLEAS-
 URE REMOVE, SUCH DEPUTIES, OFFICERS AND OTHER PERSONS AS HE OR SHE DEEMS
 NECESSARY, DETERMINE THEIR DUTIES AND, WITH THE APPROVAL OF THE LEGISLA-
 TURE, FIX THEIR COMPENSATION. ALL APPOINTMENTS  MADE  PURSUANT  TO  THIS
 PARAGRAPH  SHALL  BE  IMMEDIATELY REPORTED TO THE TEMPORARY PRESIDENT OF
 THE SENATE AND THE SPEAKER OF THE ASSEMBLY AND SHALL NOT BE REPORTED  TO
 ANY  OTHER STATE OFFICER OR DEPARTMENT. PAYMENTS OF SALARIES AND COMPEN-
 SATION OF OFFICERS AND EMPLOYEES AND OF  THE  EXPENSES  OF  THE  INQUIRY
 SHALL  BE  MADE  OUT  OF  FUNDS  PROVIDED  BY  THE  LEGISLATURE FOR SUCH
 PURPOSES, WHICH SHALL BE DEPOSITED IN A BANK OR  TRUST  COMPANY  IN  THE
 NAMES  OF  THE  TEMPORARY  PRESIDENT  OF  THE SENATE, THE SPEAKER OF THE
 ASSEMBLY, AND THE ATTORNEY-GENERAL, PAYABLE ONLY ON THE DRAFT  OR  CHECK
 OF THE ATTORNEY-GENERAL, COUNTERSIGNED BY THE TEMPORARY PRESIDENT OF THE
 SENATE  AND THE SPEAKER OF THE ASSEMBLY, AND SUCH DISBURSEMENTS SHALL BE
 SUBJECT TO NO AUDIT EXCEPT BY THE LEGISLATURE AND THE  ATTORNEY-GENERAL.
 THE ATTORNEY-GENERAL, HIS OR HER DEPUTY, OR OTHER OFFICER, DESIGNATED BY
 HIM OR HER, IS EMPOWERED TO SUBPOENA WITNESSES, COMPEL THEIR ATTENDANCE,
 EXAMINE  THEM  UNDER  OATH BEFORE HIM OR HER OR A MAGISTRATE AND REQUIRE
 THAT ANY BOOKS, RECORDS, DOCUMENTS, PAPERS, OR ELECTRONIC COMMUNICATIONS
 OR RECORDS RELEVANT OR MATERIAL TO THE INQUIRY BE TURNED OVER TO HIM  OR
 HER FOR INSPECTION, EXAMINATION OR AUDIT, PURSUANT TO THE CIVIL PRACTICE
 LAW  AND RULES. IF A PERSON SUBPOENAED TO ATTEND UPON SUCH INQUIRY FAILS
 TO OBEY THE COMMAND OF A SUBPOENA WITHOUT  REASONABLE  CAUSE,  OR  IF  A
 PERSON  IN ATTENDANCE UPON SUCH INQUIRY SHALL, WITHOUT REASONABLE CAUSE,
 REFUSE TO BE SWORN OR TO BE EXAMINED OR  TO  ANSWER  A  QUESTION  OR  TO
 S. 53                               3
 
 PRODUCE  A  BOOK,  PAPER,  OR  ELECTRONIC  COMMUNICATION  OR RECORD WHEN
 ORDERED TO DO SO BY THE OFFICER CONDUCTING SUCH INQUIRY, HE OR SHE SHALL
 BE GUILTY OF A MISDEMEANOR. IT SHALL BE THE DUTY OF ALL PUBLIC OFFICERS,
 THEIR  DEPUTIES,  ASSISTANTS AND SUBORDINATES, CLERKS AND EMPLOYEES, AND
 ALL OTHER PERSONS, TO RENDER AND FURNISH TO THE ATTORNEY-GENERAL, HIS OR
 HER DEPUTY OR OTHER DESIGNATED OFFICER, WHEN REQUESTED, ALL  INFORMATION
 AND  ASSISTANCE IN THEIR POSSESSION AND WITHIN THEIR POWER.  EACH DEPUTY
 OR OTHER OFFICER APPOINTED OR DESIGNATED TO CONDUCT SUCH  INQUIRY  SHALL
 MAKE  A WEEKLY REPORT IN DETAIL TO THE ATTORNEY-GENERAL, IN A FORM TO BE
 APPROVED BY THE LEGISLATURE AND THE ATTORNEY-GENERAL, WHICH REPORT SHALL
 BE IN DUPLICATE, ONE COPY OF WHICH SHALL BE FORTHWITH, UPON ITS  RECEIPT
 BY  THE  ATTORNEY-GENERAL,  TRANSMITTED  BY  HIM OR HER TO THE TEMPORARY
 PRESIDENT OF THE SENATE AND THE SPEAKER OF  THE  ASSEMBLY.  ANY  OFFICER
 PARTICIPATING  IN SUCH INQUIRY AND ANY PERSON EXAMINED AS A WITNESS UPON
 SUCH INQUIRY WHO SHALL DISCLOSE TO ANY PERSON OTHER THAN THE LEGISLATURE
 OR THE ATTORNEY-GENERAL THE NAME OF ANY WITNESS EXAMINED OR ANY INFORMA-
 TION OBTAINED UPON SUCH INQUIRY, EXCEPT AS DIRECTED BY  THE  LEGISLATURE
 OR  THE ATTORNEY-GENERAL, SHALL BE GUILTY OF A MISDEMEANOR. THE INVESTI-
 GATION DESCRIBED IN THIS PARAGRAPH SHALL BE ENTIRELY FREE FROM INTERFER-
 ENCE FROM THE GOVERNOR OR ANY OTHER STATE AGENCY OR OFFICIAL. THE ATTOR-
 NEY-GENERAL AND LEGISLATURE SHALL BE UNDER NO OBLIGATION TO DISCLOSE ANY
 INFORMATION PERTAINING TO SUCH INVESTIGATION WITH  ANY  SUCH  AGENCY  OR
 OFFICIAL  AND SHALL BE EMPOWERED TO TAKE ADDITIONAL STEPS NOT PRESCRIBED
 BY THIS PARAGRAPH TO SHIELD THE INVESTIGATION FROM ATTEMPTS TO INFLUENCE
 SUCH INVESTIGATION WHICH THEY DEEM UNWARRANTED AND INAPPROPRIATE.
   § 2. This act shall take effect immediately.

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Senate Bill S53

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

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Votes

May 6, 2024 - Investigations And Government Operations Committee Vote

Investigations And Government Operations Committee Vote: May 6, 2024

co-Sponsors

2023-S53 (ACTIVE) - Details

2023-S53 (ACTIVE) - Summary

2023-S53 (ACTIVE) - Sponsor Memo

2023-S53 (ACTIVE) - Bill Text download pdf

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Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Actions

Votes

co-Sponsors

2023-S53 (ACTIVE) - Details

2023-S53 (ACTIVE) - Summary

2023-S53 (ACTIVE) - Sponsor Memo

2023-S53 (ACTIVE) - Bill Text download pdf

Comments