A4300-2011 Actions

• Jan 4, 2012: referred to governmental operations
• Feb 3, 2011: referred to governmental operations

A4300-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         4300
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 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:

 

Section 1.

Section 61 of the public officers law, as amended by  chap
 ter 310 of the laws of 1962, is amended to read as follows:

 

S 61. Investigations  by  state  officers. Every state officer, in any
 proceeding held before him OR HER, or in any investigation held  by  him
 OR  HER  for the purpose of making inquiry as to the official conduct of
 any subordinate officer or employee,  shall  have  the  power  to  issue
 subpoenas for and require the attendance of witnesses and the production
 of  all  books and papers relating to any matter under inquiry. All such
 subpoenas shall be issued under the hand and seal of the  state  officer
 holding  such  proceeding. A subpoena issued under this section shall be
 regulated by  the  civil  practice  law  and  rules.  The  testimony  of
 witnesses in any such proceeding shall be under oath and the state offi
 cer  instituting the proceeding shall have power to administer oaths. In
 THE case of state boards or commissions, any member  of  the  same,  or,
 when  duly  authorized  by  resolution,  the  secretary of such board or
 commission, shall have power to issue subpoenas and administer oaths for
 the purposes of this section. A SUBPOENA DUCES TECUM ISSUED BY THE STATE
 OFFICER INSTITUTING THE PROCEEDING TO A PARTY OTHER THAN A STATE OFFICER
 OR EMPLOYEE IN CONNECTION WITH AN INVESTIGATION OF A  STATE  OFFICER  OR
 EMPLOYEE  SHALL BE ACCOMPANIED BY A COURT ORDER UNLESS THE STATE OFFICER
 ISSUING THE SUBPOENA SERVES A COPY OF THE SUBPOENA  ON  THE  OFFICER  OR
 EMPLOYEE  WHO  IS  THE  SUBJECT OF THE INVESTIGATION AT LEAST SEVEN DAYS
 PRIOR TO THE DATE WHEN THE SUBPOENA REQUIRES THE PRODUCTION OF BOOKS  OR
 PAPERS.
 

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

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