BILL NUMBER: S407
SPONSOR: SKOUFIS
 
TITLE OF BILL:
An act to amend the executive law, in relation to expanding the authori-
ty of the attorney general to investigate violations of the public offi-
cers law
 
PURPOSE:
To allow the Attorney General to investigate and prosecute any violation
of the public officers law.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1: Amends Section 63 of the executive law by adding subdivision
18 which grants the Attorney General the power to investigate and prose-
cute violations of the public officers law.
Section 2: Amends subdivision 8 of Section 63 of the executive law to
make clarifying amendments.
Section 3: Sets the effective date.
 
JUSTIFICATION:
Currently, for the Attorney General to investigate a matter of public
interest, including violations of the public officers law, approval must
be secured from the Governor. This allows a Governor to have significant
power over investigations into the misconduct of public officials,
including into the office of the Governor itself.
In addition, under the current statute and case law interpretations
thereof, the Attorney General has limited jurisdiction to prosecute
criminal cases. In public corruption cases, in particular, the Attorney
General must obtain a referral from the head of a state agency to
commence a criminal case, thereby inhibiting the investigation process
and efforts to stamp out corruption. See
Della Pietra v. State of New York, 71 NY2d 792. To help curb corruption
and instill the public's trust in its elected officials, it follows to
givd the' Attorney General full prosecutorial jurisdiction regarding
violations of the public officers laws without having 'to rely on a
"referral".
Further, in light of the independence of the Attorney General's office,
its vast resources, and its statewide coverage range, it is appropriate
for the legislature to designate the specific power to the Attorney
General to investigate the abuses of a public officer's power. Our laws
must. hold public officials accountable, and by expanding the power of
the Attorney General, in these matters, there is no doubt that the
misconduct of public officials will be thoroughly and independently
investigated.
 
LEGISLATIVE HISTORY:
Senate
2021: S5260A, Amended and Recommitted to Investigations and Government
Operations
2022: S5260A,Referred toInvestigations and GovernmentOperations
2023: S5945,Referred toInvestigations and GovernmentOperations
2024: S5945,Referred toInvestigations and GovernmentOperations
Assembly
2021: No Assembly Same-As
2022: No Assembly Same-As
2023: A7028, Referred to Governmental Operations 2024: A7028, Referred
to Governmental Operations
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S407: 63 executive law, 63(8) executive law