Bill Text: NY A04300 | 2011-2012 | General Assembly | Introduced

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Bill Title: Requires a state officer investigating a subordinate to issue, to such subordinate, a copy of any subpoena duces tecum issued to a party who is not a state officer or employee in connection with such investigation.

Spectrum: Slight Partisan Bill (Democrat 6-2)

Status: (Introduced - Dead) 2012-01-04 - referred to governmental operations [A04300 Detail]

Download: New_York-2011-A04300-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4300
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 3, 2011
                                      ___________
       Introduced  by  M.  of A. CAMARA, CASTRO, N. RIVERA, McDONOUGH, FINCH --
         Multi-Sponsored by -- M. of A. BOYLAND, GIBSON, MENG -- read once  and
         referred to the Committee on Governmental Operations
       AN ACT to amend the public officers law, in relation to investigation of
         state officers and employees
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 61 of the public officers law, as amended by  chap-
    2  ter 310 of the laws of 1962, is amended to read as follows:
    3    S 61. Investigations  by  state  officers. Every state officer, in any
    4  proceeding held before him OR HER, or in any investigation held  by  him
    5  OR  HER  for the purpose of making inquiry as to the official conduct of
    6  any subordinate officer or employee,  shall  have  the  power  to  issue
    7  subpoenas for and require the attendance of witnesses and the production
    8  of  all  books and papers relating to any matter under inquiry. All such
    9  subpoenas shall be issued under the hand and seal of the  state  officer
   10  holding  such  proceeding. A subpoena issued under this section shall be
   11  regulated by  the  civil  practice  law  and  rules.  The  testimony  of
   12  witnesses in any such proceeding shall be under oath and the state offi-
   13  cer  instituting the proceeding shall have power to administer oaths. In
   14  THE case of state boards or commissions, any member  of  the  same,  or,
   15  when  duly  authorized  by  resolution,  the  secretary of such board or
   16  commission, shall have power to issue subpoenas and administer oaths for
   17  the purposes of this section. A SUBPOENA DUCES TECUM ISSUED BY THE STATE
   18  OFFICER INSTITUTING THE PROCEEDING TO A PARTY OTHER THAN A STATE OFFICER
   19  OR EMPLOYEE IN CONNECTION WITH AN INVESTIGATION OF A  STATE  OFFICER  OR
   20  EMPLOYEE  SHALL BE ACCOMPANIED BY A COURT ORDER UNLESS THE STATE OFFICER
   21  ISSUING THE SUBPOENA SERVES A COPY OF THE SUBPOENA  ON  THE  OFFICER  OR
   22  EMPLOYEE  WHO  IS  THE  SUBJECT OF THE INVESTIGATION AT LEAST SEVEN DAYS
   23  PRIOR TO THE DATE WHEN THE SUBPOENA REQUIRES THE PRODUCTION OF BOOKS  OR
   24  PAPERS.
   25    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03949-01-1