Bill S395-2009

Makes an appropriation for the investigation and prosecution of public fraud and corruption

Makes an appropriation for the investigation and prosecution of public fraud and corruption.

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  • Jan 6, 2010: REFERRED TO FINANCE
  • Jan 7, 2009: REFERRED TO FINANCE

Memo

 BILL NUMBER:  S395

TITLE OF BILL : An act making an appropriation to the department of law for the purpose of investigating and prosecuting public fraud and corruption

PURPOSE : To ensure enforcement of the highest ethical standards for public elected and appointed officials, who hold their offices as a public trust and who are accountable for making decisions to advance public interests.

SUMMARY OF PROVISIONS : Section 1 provides legislative intent.

Section 2 provides an appropriation of $2 million for the investigation and prosecution of public fraud and corruption, with one million to be suballocated to the Department of Law, and $1 million to be suballocated to the Public Integrity Unit of the Albany County Office of District Attorney.

Section 3 provides the effective date.

LEGISLATIVE HISTORY : New legislation.

JUSTIFICATION : The public's continuing support for the institutions of an open, participatory, democratic system of government depends on its confidence in both the government and its elected representatives. This legislation will ensure adequate resources to investigate and, where warranted, prosecute criminal law violations involving public officials, and it will ensure effective collaboration between the Office of the Albany County District Attorney and the State Attorney General. The Office of the Attorney General and the Albany County Office of District Attorney are committed to developing effective approaches, including collaboration between the two offices, to investigating and prosecuting corruption in State government. Sharing resources and cross-designating staff will allow the Attorney General to have an expanded role in criminal cases involving public corruption, including providing access to the grand jury. It will also strengthen the Public Integrity Unit in the Albany County District Attorney's Office, which has assumed a central role in investigating and prosecuting crimes involving public officials. Providing funding to both offices will ensure that the allied offices have adequate resources to be effective.

LEGISLATIVE HISTORY : 2007/2008 - S.2933/A.6125 Remained in the Senate Committee on Finance and the Assembly Committee on Ways and Means

FISCAL IMPLICATIONS : Provides a two million dollar ($2,000,000) appropriation from the General Fund to provide additional resources for the Department of Law and the Albany County Office of District Attorney to carry out the provisions of this law.

EFFECTIVE DATE : Immediately.

Text

STATE OF NEW YORK ________________________________________________________________________ S. 395 A. 1040 2009-2010 Regular Sessions S E N A T E - A S S E M B L Y (PREFILED) January 7, 2009 ___________
IN SENATE -- Introduced by Sens. BRESLIN, DUANE, KRUEGER, ONORATO, PERKINS, SCHNEIDERMAN, SMITH, STACHOWSKI -- read twice and ordered printed, and when printed to be committed to the Committee on Finance IN ASSEMBLY -- Introduced by M. of A. McENENY, CANESTRARI, REILLY -- read once and referred to the Committee on Ways and Means AN ACT making an appropriation to the department of law for the purpose of investigating and prosecuting public fraud and corruption THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Legislative intent. The legislature hereby reaffirms its commitment to the noble democratic principles of a system of government by the people and for the people, and it further reaffirms its belief that an effective and participative democratic government requires the highest respect of the public trust by its elected public officials. The legislature, therefore, finds that to ensure a continuing public confi- dence in both government and in elected officials, it is imperative that all elected public officials be held to the highest ethical standards in the discharge of their duties. The legislature finds that because the city and county of Albany is the seat of New York state government, and because the Albany county district attorney has primary jurisdiction for all crimes committed within the city of Albany, it is imperative that the Albany county district attorney has adequate resources to investi- gate and prosecute, where warranted, criminal activity involving the public trust. The legislature further welcomes the collaborative effort between the office of the state attorney general and the office of the Albany county district attorney to ensure that the Albany county district attorney's office has the assistance it may need from the department of law. The legislature further notes that such collab- oration, to be effective, will require an adequate allocation of
resources, and it finds that there is a need for providing adequate funding and cross-designation of resources. S 2. The sum of two million dollars ($2,000,000), or so much thereof as may be necessary is hereby appropriated out of moneys in the state treasury in the general fund for the purpose of investigating and prose- cuting public fraud and corruption. Such moneys shall be payable on the audit and warrant of the comptroller on vouchers certified or approved by the attorney general, and shall be dispersed as follows: (a) One million dollars ($1,000,000) to the credit of the department of law, not otherwise appropriated, and made immediately available, for the purpose of investigating and prosecuting public fraud and corruption; and (b) One million dollars ($1,000,000) to the credit of the public integrity unit of the Albany county office of the district attorney, not otherwise appropriated, and made immediately available, for the purpose of investigating and prosecuting public fraud and corruption. S 3. This act shall take effect immediately.

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