Senate Bill S412

2025-2026 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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Current 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 13, 2025	committed to rules
Jun 04, 2025	advanced to third reading
May 29, 2025	2nd report cal.
May 28, 2025	1st report cal.1432
Jan 08, 2025	referred to investigations and government operations

Votes

- May 28, 2025 - Investigations And Government Operations Committee Vote
  S412
  
  Aye
  
  5
  
  Nay
  
  1
  
  Aye with Reservations
  
  1
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Investigations And Government Operations Committee Vote: May 28, 2025
      
      aye (5)
      
      Bynoe
      
      Cleare
      
      Hoylman-Sigal
      
      May
      
      Skoufis
      
      nay (1)
      
      Chan
      
      aye wr (1)
      
      O'Mara

co-Sponsors

View additional co-sponsors

2025-S412 (ACTIVE) - Details

See Assembly Version of this Bill:: A1312
Current Committee:: Senate Rules
Law Section:: Executive Law
Laws Affected:: Amd §63, Exec L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S5306, A7115
2023-2024: S53, A1688

2025-S412 (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.

2025-S412 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S412

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 - 4 disburse-
ments, and access to a weekly report, in a format approved by the Gover-
nor, 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:

2024: Died on Third Reading

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

2025-S412 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    412
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 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] THE judgment  OF  THE  ATTORNEY  GENERAL  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]  THE  ATTORNEY  GENERAL  may,  in  [his]  THEIR
 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,
 with  the approval of the governor, fix their compensation. All appoint-
 ments 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 governor and
 the attorney-general, payable only on the draft or check of  the  attor-
 ney-general, countersigned by the governor, and such disbursements shall
 be  subject to no audit except by the governor and the attorney-general.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01299-01-5
 S. 412                              2
 
 The attorney-general, [his] THEIR deputy, or other  officer,  designated
 by  [him] THE ATTORNEY, is empowered to subpoena witnesses, compel their
 attendance, examine them under oath before [himself] THE ATTORNEY GENER-
 AL  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] 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,
 OR  ELECTRONIC  COMMUNICATION  OR  RECORD,  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 depu-
 ties, assistants and subordinates, clerks and employees, and  all  other
 persons,  to  render  and  furnish  to the attorney-general, [his] THEIR
 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] THE ATTORNEY GENERAL  to  the
 governor. Any officer participating in such inquiry and any person exam-
 ined  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  THEIR  DISCRETION,  AND
 WITHOUT  CIVIL  SERVICE EXAMINATION, APPOINT AND EMPLOY, AND AT PLEASURE
 REMOVE, SUCH DEPUTIES, OFFICERS AND OTHER PERSONS AS THE ATTORNEY GENER-
 AL DEEMS NECESSARY, DETERMINE THEIR DUTIES AND, WITH THE APPROVAL OF THE
 LEGISLATURE, 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
 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  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, THEIR DEPUTY, OR OTHER OFFICER, DESIGNATED BY THE
 ATTORNEY, IS EMPOWERED TO SUBPOENA WITNESSES, COMPEL  THEIR  ATTENDANCE,
 EXAMINE  THEM UNDER OATH BEFORE THE ATTORNEY GENERAL OR A MAGISTRATE AND
 REQUIRE THAT ANY BOOKS, RECORDS, DOCUMENTS, PAPERS, OR ELECTRONIC COMMU-
 NICATIONS OR RECORDS RELEVANT OR MATERIAL TO THE INQUIRY BE TURNED  OVER
 TO  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
 S. 412                              3
 
 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, PAPER,  OR  ELECTRONIC  COMMUNI-
 CATION  OR  RECORD  WHEN ORDERED TO DO SO BY THE OFFICER CONDUCTING SUCH
 INQUIRY, SUCH PERSON 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, THEIR DEPUTY OR OTHER DESIGNATED OFFI-
 CER, 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 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 INFORMATION OBTAINED UPON SUCH INQUIRY, EXCEPT
 AS DIRECTED BY THE LEGISLATURE OR THE ATTORNEY-GENERAL, SHALL BE  GUILTY
 OF A MISDEMEANOR. THE INVESTIGATION DESCRIBED IN THIS PARAGRAPH SHALL BE
 ENTIRELY  FREE  FROM  INTERFERENCE  FROM THE GOVERNOR OR ANY OTHER STATE
 AGENCY OR OFFICIAL. THE ATTORNEY-GENERAL AND LEGISLATURE SHALL BE  UNDER
 NO  OBLIGATION  TO  DISCLOSE ANY INFORMATION PERTAINING TO SUCH INVESTI-
 GATION WITH ANY SUCH AGENCY OR OFFICIAL AND SHALL BE EMPOWERED  TO  TAKE
 ADDITIONAL STEPS NOT PRESCRIBED BY THIS PARAGRAPH TO SHIELD THE INVESTI-
 GATION  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 S412

Sponsored By

Current Bill Status - In Senate Committee Rules Committee

Actions

Votes

May 28, 2025 - Investigations And Government Operations Committee Vote

Investigations And Government Operations Committee Vote: May 28, 2025

co-Sponsors

2025-S412 (ACTIVE) - Details

2025-S412 (ACTIVE) - Summary

2025-S412 (ACTIVE) - Sponsor Memo

2025-S412 (ACTIVE) - Bill Text download pdf

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Sponsored By

Current Bill Status - In Senate Committee Rules Committee

Actions

Votes

co-Sponsors

2025-S412 (ACTIVE) - Details

2025-S412 (ACTIVE) - Summary

2025-S412 (ACTIVE) - Sponsor Memo

2025-S412 (ACTIVE) - Bill Text download pdf

Comments