Senate Bill S407

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    407
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- 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 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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01446-01-5
 S. 407                              2
 
 and  at  pleasure  remove,  such deputies, officers and other persons as
 [he] THE ATTORNEY-GENERAL deems necessary, determine their  duties  and,
 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.