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SECTION 63
General duties
Executive (EXC) CHAPTER 18, ARTICLE 5
§ 63. General duties. The attorney-general shall:

1. Prosecute and defend all actions and proceedings in which the state
is interested, and have charge and control of all the legal business of
the departments and bureaus of the state, or of any office thereof which
requires the services of attorney or counsel, in order to protect the
interest of the state, but this section shall not apply to any of the
military department bureaus or military offices of the state. No action
or proceeding affecting the property or interests of the state shall be
instituted, defended or conducted by any department, bureau, board,
council, officer, agency or instrumentality of the state, without a
notice to the attorney-general apprising him of the said action or
proceeding, the nature and purpose thereof, so that he may participate
or join therein if in his opinion the interests of the state so warrant.

2. Whenever required by the governor, attend in person, or by one of
his deputies, any term of the supreme court or appear before the grand
jury thereof for the purpose of managing and conducting in such court or
before such jury criminal actions or proceedings as shall be specified
in such requirement; in which case the attorney-general or his deputy so
attending shall exercise all the powers and perform all the duties in
respect of such actions or proceedings, which the district attorney
would otherwise be authorized or required to exercise or perform; and in
any of such actions or proceedings the district attorney shall only
exercise such powers and perform such duties as are required of him by
the attorney-general or the deputy attorney-general so attending. In all
such cases all expenses incurred by the attorney-general, including the
salary or other compensation of all deputies employed, shall be a county
charge.

3. Upon request of the governor, comptroller, secretary of state,
commissioner of transportation, superintendent of financial services,
commissioner of taxation and finance, commissioner of motor vehicles, or
the state inspector general, or the head of any other department,
authority, division or agency of the state, investigate the alleged
commission of any indictable offense or offenses in violation of the law
which the officer making the request is especially required to execute
or in relation to any matters connected with such department, and to
prosecute the person or persons believed to have committed the same and
any crime or offense arising out of such investigation or prosecution or
both, including but not limited to appearing before and presenting all
such matters to a grand jury.

4. Cause all persons indicted for corrupting or attempting to corrupt
any member or member-elect of the legislature, or the commissioner of
general services, to be brought to trial.

5. When required by the comptroller or the superintendent of public
works, prepare proper drafts for contracts, obligations and other
instruments for the use of the state.

6. Upon receipt thereof, pay into the treasury all moneys received by
him for debts due or penalties forfeited to the people of the state.

7. He may, on behalf of the state, agree upon a case containing a
statement of the facts and submit a controversy for decision to a court
of record which would have jurisdiction of an action brought on the same
case. He may agree that a referee, to be appointed in an action to which
the state is a party, shall receive such compensation at such rate per
day as the court in the order of reference may specify. He may with the
approval of the governor retain counsel to recover moneys or property
belonging to the state, or to the possession of which the state is
entitled, upon an agreement that such counsel shall receive reasonable
compensation, to be fixed by the attorney-general, out of the property
recovered, and not otherwise.

8. Whenever in his 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 may,
in his discretion, and without civil service examination, appoint and
employ, and at pleasure remove, such deputies, officers and other
persons as he deems necessary, determine their duties and, with the
approval of the governor, fix their compensation. All appointments 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
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 deputy, or other officer,
designated by him, is empowered to subpoena witnesses, compel their
attendance, examine them under oath before himself or a magistrate and
require that any books, records, documents or papers relevant or
material to the inquiry be turned over to him 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 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
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 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.

9. Bring and prosecute or defend upon request of the commissioner of
labor or the state division of human rights, any civil action or
proceeding, the institution or defense of which in his judgment is
necessary for effective enforcement of the laws of this state against
discrimination by reason of age, race, sex, creed, color, national
origin, sexual orientation, gender identity or expression, military
status, disability, predisposing genetic characteristics, familial
status, marital status, or domestic violence victim status, or for
enforcement of any order or determination of such commissioner or
division made pursuant to such laws.

10. Prosecute every person charged with the commission of a criminal
offense in violation of any of the laws of this state against
discrimination because of age, race, sex, creed, color, national origin,
sexual orientation, gender identity or expression, military status,
disability, predisposing genetic characteristics, familial status,
marital status, or domestic violence victim status, in any case where in
his judgment, because of the extent of the offense, such prosecution
cannot be effectively carried on by the district attorney of the county
wherein the offense or a portion thereof is alleged to have been
committed, or where in his judgment the district attorney has
erroneously failed or refused to prosecute. In all such proceedings, the
attorney-general may appear in person or by his deputy or assistant
before any court or any grand jury and exercise all the powers and
perform all the duties in respect of such actions or proceedings which
the district attorney would otherwise be authorized or required to
exercise or perform.

11. Prosecute and defend all actions and proceedings in connection
with safeguarding and enforcing the state's remainder interest in any
trust which meets the requirements of subparagraph two of paragraph (b)
of subdivision two of section three hundred sixty-six of the social
services law.

12. Whenever any person shall engage in repeated fraudulent or illegal
acts or otherwise demonstrate persistent fraud or illegality in the
carrying on, conducting or transaction of business, the attorney general
may apply, in the name of the people of the state of New York, to the
supreme court of the state of New York, on notice of five days, for an
order enjoining the continuance of such business activity or of any
fraudulent or illegal acts, directing restitution and damages and, in an
appropriate case, cancelling any certificate filed under and by virtue
of the provisions of section four hundred forty of the former penal law
or section one hundred thirty of the general business law, and the court
may award the relief applied for or so much thereof as it may deem
proper. The word "fraud" or "fraudulent" as used herein shall include
any device, scheme or artifice to defraud and any deception,
misrepresentation, concealment, suppression, false pretense, false
promise or unconscionable contractual provisions. The term "persistent
fraud" or "illegality" as used herein shall include continuance or
carrying on of any fraudulent or illegal act or conduct. The term
"repeated" as used herein shall include repetition of any separate and
distinct fraudulent or illegal act, or conduct which affects more than
one person. Notwithstanding any law to the contrary, all monies
recovered or obtained under this subdivision by a state agency or state
official or employee acting in their official capacity shall be subject
to subdivision eleven of section four of the state finance law.

In connection with any such application, the attorney general is
authorized to take proof and make a determination of the relevant facts
and to issue subpoenas in accordance with the civil practice law and
rules. Such authorization shall not abate or terminate by reason of any
action or proceeding brought by the attorney general under this section.

13. Prosecute any person for perjury committed during the course of
any investigation conducted by the attorney-general pursuant to statute.
In all such proceedings, the attorney-general may appear in person or by
his deputy or assistant before any court or any grand jury and exercise
all the powers and perform all the duties necessary or required to be
exercised or performed in prosecuting any such person for such offense.

15. In any case where the attorney general has authority to institute
a civil action or proceeding in connection with the enforcement of a law
of this state, in lieu thereof he may accept an assurance of
discontinuance of any act or practice in violation of such law from any
person engaged or who has engaged in such act or practice. Such
assurance may include a stipulation for the voluntary payment by the
alleged violator of the reasonable costs and disbursements incurred by
the attorney general during the course of his investigation. Evidence of
a violation of such assurance shall constitute prima facie proof of
violation of the applicable law in any civil action or proceeding
thereafter commenced by the attorney general.

16. (a) Notwithstanding any other law to the contrary, in resolving,
by agreed judgment, stipulation, decree, agreement to settle, assurance
of discontinuance or otherwise, any claim or cause of action, whether
filed or unfiled, actual or potential, and whether arising under common
law, equity, or any provision of law, a state agency or a state official
or employee acting in their official capacity shall not have the
authority to include or agree to include in such resolution any term or
condition that would provide the state agency, official, or employee,
their agent or designee, the settling party, or any third party with
control or discretion over how any moneys to be paid by the settling
party would be used, spent, or allocated.

(b) Paragraph (a) of this subdivision shall not apply to any provision
in the resolution of a claim or cause of action providing (1) moneys to
be distributed to the federal government, to a local government, or to
any holder of a bond or other debt instrument issued by the state, any
public authority, or any public benefit corporation; (2) moneys to be
distributed solely or exclusively as a payment of damages or restitution
to individuals or entities that were specifically injured or harmed by
the defendant's or settling party's conduct and that are identified in,
or can be identified by the terms of, the relevant judgment,
stipulation, decree, agreement to settle, assurance of discontinuance,
or relevant instrument resolving the claim or cause of action; (3)
moneys recovered or obtained by the attorney general where application
of paragraph (a) of this subdivision is prohibited by federal law, rule,
or regulation, or would result in the reduction or loss of federal funds
or eligibility for federal benefits pursuant to federal law, rule, or
regulation; (4) moneys recovered or obtained by or on behalf of a public
authority, a public benefit corporation, the department of taxation and
finance, the workers' compensation board, the New York state higher
education services corporation, the tobacco settlement financing
corporation, a state or local retirement system, an employee health
benefit program administered by the New York state department of civil
service, the Title IV-D child support fund, the lottery prize fund, the
abandoned property fund, or an endowment of the state university of New
York or any unit thereof or any state agency, provided that all of the
moneys received or recovered are immediately transferred to the relevant
public authority, public benefit corporation, department, fund, program,
or endowment; (5) moneys to be refunded to an individual or entity as
(i) an overpayment of a tax, fine, penalty, fee, insurance premium, loan
payment, charge or surcharge; (ii) a return of seized assets; or (iii) a
payment made in error; (6) moneys to be used to prevent, abate, restore,
mitigate or control any identifiable instance of prior or ongoing water,
land or air pollution; and (7) moneys obtained as a result of a
settlement agreement which resulted from litigation with entities that
manufactured, sold, distributed, dispensed or promoted opioids made in
connection with claims arising from the manufacturing, marketing,
distributing, promoting or dispensing of opioids, as well as any funds
received by the state as a result of a judgment, stipulation, decree,
agreement to settle, assurance of discontinuance, or other legal
instrument resolving any claim or cause of action against manufacturers,
distributors, dispensers or vendors of opioids and related entities
arising out of activities alleged to have contributed to increases in
opioid addiction, whether filed or unfiled, actual or potential, and
whether arising under common law, equity, or any provision of law.

(c) Where an agreed judgment, stipulation, decree, agreement to
settle, assurance of discontinuance or other legal instrument resolves
(1) any claim or any cause of action asserted by a state agency or a
state official or employee acting in their official capacity and (2) any
claim or cause of action asserted by one or more foreign jurisdictions
or third parties, paragraph (a) of this subdivision shall only apply to
the resolution of the claim or cause of action asserted by the state
agency, official, or employee.

* 17. (a) Any local government entity which has a police agency
operating with police officers as defined under section 1.20 of the
criminal procedure law that fails to transmit to the director of the
division of the budget the certification required by executive order
number two hundred three issued on June twelfth, two thousand twenty and
titled "New York State Police Reform and Reinvention Collaborative" on
or before April first, two thousand twenty-one shall, upon request of
the governor or the director of the division of the budget, be required
to install a monitor, to monitor and report monthly on the operations of
such police agency, including but not limited to the monitor's
observations about interactions among the community and police agencies
in such local government's jurisdiction, until such time that the
required certification is submitted to the director of the division of
the budget. Such monitor shall be appointed by the attorney general, in
consultation with the governor, at the expense of the police agency or
responsible local government. Reports of the monitor shall be made
public and the monitor shall promptly provide copies to the governor,
the attorney general, the commissioner of the division of criminal
justice services, the speaker of the assembly and the temporary
president of the senate. The attorney general shall promptly post such
reports on the department of law website. The certification filed with
the director of the division of the budget must affirm that such local
government has complied with the process set forth in executive order
number two hundred three by adopting a local law or resolution that
includes its plan to adopt and implement the recommendations resulting
from its review and consultation with the community to improve such
police force deployments, strategies, policies, procedures, and
practices for the purposes of addressing the particular needs of the
communities served by such police agency and promote community
engagement to foster trust, fairness, and legitimacy, and to address any
racial bias and disproportionate policing of communities of color.

(b) The appointment of a monitor, pursuant to paragraph (a) of this
subdivision, shall be imposed in addition to any withholding of up to
fifty percent of any appropriated state or federal funds by the director
of the division of the budget in accordance with the authority granted
in any appropriations bill enacted for such fiscal years in which such
withholding of funds occurs, as directed by executive order number two
hundred three. The director of the division of the budget shall
discontinue and reverse any withholds made pursuant to this provision
upon receipt of the certification required by Executive Order 203.

* NB Repealed February 1, 2022