Assembly Bill A6494

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6494
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 5, 2025
                                ___________
 
 Introduced  by M. of A. VANEL -- read once and referred to the Committee
   on Governmental Operations
 
 AN ACT to amend the executive law, in relation to expanding the authori-
   ty of the attorney general to investigate  violations  of  the  public
   officers law
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 63 of the executive law is amended by adding a  new
 subdivision 18 to read as follows:
   18.  INVESTIGATE  THE ALLEGED VIOLATION OF ANY PROVISION OF THE PUBLIC
 OFFICERS LAW AND PROSECUTE ANY SUCH PERSON OR PERSONS BELIEVED  TO  HAVE
 COMMITTED  SUCH VIOLATIONS, PROVIDED THAT NOTHING HEREIN SHALL INTERFERE
 WITH  THE  ABILITY  OF  DISTRICT  ATTORNEYS  AT  ANY  TIME  TO   RECEIVE
 COMPLAINTS,  INVESTIGATE  AND  PROSECUTE  ANY  SUCH CRIMES OR VIOLATIONS
 RELATED TO THE PUBLIC OFFICERS LAW. THE ATTORNEY GENERAL MAY REQUEST AND
 SHALL RECEIVE, FROM ANY AGENCY, DEPARTMENT, DIVISION, BOARD,  BUREAU  OR
 COMMISSION  OF  THE STATE, OR ANY POLITICAL SUBDIVISION THEREOF, COOPER-
 ATION AND ASSISTANCE IN THE PERFORMANCE OF THEIR DUTIES AND MAY  PROVIDE
 ASSISTANCE TO ANY DISTRICT ATTORNEY OR LAW ENFORCEMENT OFFICIAL REQUEST-
 ING  ASSISTANCE IN THE INVESTIGATION OR PROSECUTION OF ANY VIOLATIONS OF
 THE PUBLIC OFFICERS LAW.
   § 2. 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. Whenever in [his] THE ATTORNEY-GENERAL'S judgment the public inter-
 est  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]  THE ATTORNEY-GENERAL may, in [his] THE ATTORNEY-GENERAL'S
 discretion, and without civil service examination, appoint  and  employ,
 and  at  pleasure  remove,  such deputies, officers and other persons as
 [he] THE ATTORNEY-GENERAL deems necessary, determine their  duties  and,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01446-01-5
              

 A. 6494                             2
 
 with  the approval of the governor, fix their compensation. All appoint-
 ments made pursuant to this subdivision 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 governor and  the  attor-
 ney-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  attor-
 ney-general,  [his]  THE  ATTORNEY-GENERAL'S  deputy,  or other officer,
 designated by [him]  THE  ATTORNEY-GENERAL,  is  empowered  to  subpoena
 witnesses,  compel  their  attendance,  examine  them  under oath before
 [himself] THEMSELF or a magistrate and require that any books,  records,
 documents  or  papers relevant or material to the inquiry be turned over
 to [him] THE ATTORNEY-GENERAL  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 produce a book or paper, when ordered so  to  do
 by the officer conducting such inquiry, [he] SUCH PERSON 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]  THE
 ATTORNEY-GENERAL'S  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-gener-
 al, in form to be approved by the  governor  and  the  attorney-general,
 which  report  shall  be in duplicate, one copy of which shall be forth-
 with, upon its receipt by the attorney-general, transmitted by [him] THE
 ATTORNEY-GENERAL to the governor.  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 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.
   § 3. This act shall take effect immediately.