Bill Text: NY S06077 | 2009-2010 | General Assembly | Amended

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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: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-02-04 - PRINT NUMBER 6077A [S06077 Detail]

Download: New_York-2009-S06077-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        6077--A
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                     July 6, 2009
                                      ___________
       Introduced  by  Sen.  ADAMS  -- read twice and ordered printed, and when
         printed to be committed to the Committee on Rules  --  recommitted  to
         the  Committee  on Investigations and Government Operations in accord-
         ance with Senate Rule 6, sec. 8 -- committee discharged, bill amended,
         ordered reprinted as amended and recommitted to said committee
       AN ACT to amend the public officers law, in relation to the issuance  of
         a  subpoena  duces  tecum  by a state officer in an investigation of a
         state employee
         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
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14433-02-0
       S. 6077--A                          2
    1  EMPLOYEE WHO IS THE SUBJECT OF THE INVESTIGATION  AT  LEAST  SEVEN  DAYS
    2  PRIOR  TO THE DATE WHEN THE SUBPOENA REQUIRES THE PRODUCTION OF BOOKS OR
    3  PAPERS.
    4    S 2. This act shall take effect immediately.