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

Statutes affected:
S53: 63 executive law, 63(8) executive law