NY Exec L § 63 (2021)
2021 New York Laws EXC - Executive Article 5 - Department of Law 63 - General Duties.

§ 63. General duties. The attorney-general shall:   1. Prosecute and defend all actions and proceedings in which the state is  interested, and have charge and control of all the legal business of the departments and bureaus of the state, or of any office thereof which requires the services of attorney or counsel, in order  to  protect  the interest  of  the  state, but this section shall not apply to any of the military department bureaus or military offices of the state. No  action or  proceeding affecting the property or interests of the state shall be instituted, defended or conducted  by  any  department,  bureau,  board, council,  officer,  agency  or  instrumentality  of the state, without a notice to the attorney-general apprising  him  of  the  said  action  or proceeding,  the  nature and purpose thereof, so that he may participate or join therein if in his opinion the interests of the state so warrant.   2. Whenever required by the governor, attend in person, or by  one  of his  deputies,  any term of the supreme court or appear before the grand jury thereof for the purpose of managing and conducting in such court or before such jury criminal actions or proceedings as shall  be  specified in such requirement; in which case the attorney-general or his deputy so attending  shall  exercise  all the powers and perform all the duties in respect of such actions or  proceedings,  which  the  district  attorney would otherwise be authorized or required to exercise or perform; and in any  of  such  actions  or  proceedings the district attorney shall only exercise such powers and perform such duties as are required of  him  by the attorney-general or the deputy attorney-general so attending. In all such  cases all expenses incurred by the attorney-general, including the salary or other compensation of all deputies employed, shall be a county charge.   3. Upon request of the  governor,  comptroller,  secretary  of  state, commissioner  of  transportation,  superintendent of financial services, commissioner of taxation and finance, commissioner of motor vehicles, or the state inspector general,  or  the  head  of  any  other  department, authority,  division  or  agency  of  the state, investigate the alleged commission of any indictable offense or offenses in violation of the law which the officer making the request is especially required  to  execute or  in  relation  to  any matters connected with such department, and to prosecute the person or persons believed to have committed the same  and any crime or offense arising out of such investigation or prosecution or both,  including  but not limited to appearing before and presenting all such matters to a grand jury.   4. Cause all persons indicted for corrupting or attempting to  corrupt any  member  or  member-elect of the legislature, or the commissioner of general services, to be brought to trial.   5. When required by the comptroller or the  superintendent  of  public works,  prepare  proper  drafts  for  contracts,  obligations  and other instruments for the use of the state.   6. Upon receipt thereof, pay into the treasury all moneys received  by him for debts due or penalties forfeited to the people of the state.   7.  He  may,  on  behalf  of the state, agree upon a case containing a statement of the facts and submit a controversy for decision to a  court of record which would have jurisdiction of an action brought on the same case. He may agree that a referee, to be appointed in an action to which the  state  is a party, shall receive such compensation at such rate per day as the court in the order of reference may specify. He may with  the approval  of  the  governor retain counsel to recover moneys or property belonging to the state, or to the  possession  of  which  the  state  is entitled,  upon  an agreement that such counsel shall receive reasonable compensation, to be fixed by the attorney-general, out of  the  property recovered, and not otherwise.    8.  Whenever  in  his  judgment  the  public interest requires it, the attorney-general may, with  the  approval  of  the  governor,  and  when directed  by  the  governor,  shall, inquire into matters concerning the public peace, public safety and public justice. For such purpose he may, in  his  discretion,  and without civil service examination, appoint and employ, and at  pleasure  remove,  such  deputies,  officers  and  other persons  as  he  deems  necessary,  determine their duties and, with the approval of the governor, fix their compensation. All appointments  made pursuant  to  this  subdivision  shall  be  immediately  reported to the governor, and shall not be  reported  to  any  other  state  officer  or department.  Payments  of  salaries  and  compensation  of  officers and employees and of the expenses of the inquiry shall be made out of  funds provided  by the legislature for such purposes, which shall be deposited in a bank or trust  company  in  the  names  of  the  governor  and  the attorney-general,   payable   only   on   the  draft  or  check  of  the attorney-general, countersigned by the governor, and such  disbursements shall   be   subject  to  no  audit  except  by  the  governor  and  the attorney-general. The attorney-general, his deputy,  or  other  officer, designated  by  him,  is  empowered  to subpoena witnesses, compel their attendance, examine them under oath before himself or a  magistrate  and require  that  any  books,  records,  documents  or  papers  relevant or material  to  the  inquiry  be  turned  over  to  him  for   inspection, examination or audit, pursuant to the civil practice law and rules. If a person  subpoenaed to attend upon such inquiry fails to obey the command of a subpoena without reasonable cause, or if  a  person  in  attendance upon such inquiry shall, without reasonable cause, refuse to be sworn or to  be  examined  or to answer a question or to produce a book or paper, when ordered so to do by the officer conducting such inquiry,  he  shall be guilty of a misdemeanor. It shall be the duty of all public officers, their  deputies,  assistants and subordinates, clerks and employees, and all other persons, to render and furnish to  the  attorney-general,  his deputy  or other designated officer, when requested, all information and assistance in their possession and within their power.  Each  deputy  or other officer appointed or designated to conduct such inquiry shall make a  weekly  report  in  detail  to  the  attorney-general,  in form to be approved by the governor and the attorney-general, which report shall be in duplicate, one copy of which shall be forthwith, upon its receipt  by the  attorney-general,  transmitted  by him to the governor. Any officer participating in such inquiry and any person examined as a witness  upon such inquiry who shall disclose to any person other than the governor or the attorney-general the name of any witness examined or any information obtained  upon  such  inquiry, except as directed by the governor or the attorney-general, shall be guilty of a misdemeanor.   9. Bring and prosecute or defend upon request of the  commissioner  of labor  or  the  state  division  of  human  rights,  any civil action or proceeding, the institution or defense  of  which  in  his  judgment  is necessary  for  effective  enforcement of the laws of this state against discrimination by reason of  age,  race,  sex,  creed,  color,  national origin,  sexual  orientation,  gender  identity  or expression, military status,  disability,  predisposing  genetic  characteristics,   familial status,  marital  status,  or  domestic  violence  victim status, or for enforcement of any  order  or  determination  of  such  commissioner  or division made pursuant to such laws.   10.  Prosecute  every person charged with the commission of a criminal offense  in  violation  of  any  of  the  laws  of  this  state  against discrimination because of age, race, sex, creed, color, national origin, sexual  orientation,  gender  identity  or  expression, military status, disability,  predisposing  genetic  characteristics,  familial   status,  marital status, or domestic violence victim status, in any case where in his  judgment,  because  of  the extent of the offense, such prosecution cannot be effectively carried on by the district attorney of the  county wherein  the  offense  or  a  portion  thereof  is  alleged to have been committed,  or  where  in  his  judgment  the  district   attorney   has erroneously failed or refused to prosecute. In all such proceedings, the attorney-general  may  appear  in  person  or by his deputy or assistant before any court or any grand jury  and  exercise  all  the  powers  and perform  all  the duties in respect of such actions or proceedings which the district attorney would  otherwise  be  authorized  or  required  to exercise or perform.   11.  Prosecute  and  defend  all actions and proceedings in connection with safeguarding and enforcing the state's remainder  interest  in  any trust  which meets the requirements of subparagraph two of paragraph (b) of subdivision two of section three  hundred  sixty-six  of  the  social services law.   12. Whenever any person shall engage in repeated fraudulent or illegal acts  or  otherwise  demonstrate  persistent  fraud or illegality in the carrying on, conducting or transaction of business, the attorney general may apply, in the name of the people of the state of New  York,  to  the supreme  court  of the state of New York, on notice of five days, for an order enjoining the continuance of such  business  activity  or  of  any fraudulent or illegal acts, directing restitution and damages and, in an appropriate  case,  cancelling any certificate filed under and by virtue of the provisions of section four hundred forty of the former penal  law or section one hundred thirty of the general business law, and the court may  award  the  relief  applied  for  or so much thereof as it may deem proper. The word "fraud" or "fraudulent" as used  herein  shall  include any   device,   scheme   or  artifice  to  defraud  and  any  deception, misrepresentation,  concealment,  suppression,  false  pretense,   false promise  or  unconscionable contractual provisions. The term "persistent fraud" or "illegality" as  used  herein  shall  include  continuance  or carrying  on  of  any  fraudulent  or  illegal  act or conduct. The term "repeated" as used herein shall include repetition of any  separate  and distinct  fraudulent  or illegal act, or conduct which affects more than one  person.  Notwithstanding  any  law  to  the  contrary,  all  monies recovered  or obtained under this subdivision by a state agency or state official or employee acting in their official capacity shall be  subject to subdivision eleven of section four of the state finance law.   In  connection  with  any  such  application,  the attorney general is authorized to take proof and make a determination of the relevant  facts and  to  issue  subpoenas  in accordance with the civil practice law and rules. Such authorization shall not abate or terminate by reason of  any action or proceeding brought by the attorney general under this section.   13.  Prosecute  any  person for perjury committed during the course of any investigation conducted by the attorney-general pursuant to statute. In all such proceedings, the attorney-general may appear in person or by his deputy or assistant before any court or any grand jury and  exercise all  the  powers  and perform all the duties necessary or required to be exercised or performed in prosecuting any such person for such offense.   15. In any case where the attorney general has authority to  institute a civil action or proceeding in connection with the enforcement of a law of   this  state,  in  lieu  thereof  he  may  accept  an  assurance  of discontinuance of any act or practice in violation of such law from  any person  engaged  or  who  has  engaged  in  such  act  or practice. Such assurance may include a stipulation for the  voluntary  payment  by  the alleged  violator  of the reasonable costs and disbursements incurred by the attorney general during the course of his investigation. Evidence of  a violation of such assurance shall  constitute  prima  facie  proof  of violation  of  the  applicable  law  in  any  civil action or proceeding thereafter commenced by the attorney general.   16.  (a)  Notwithstanding any other law to the contrary, in resolving, by agreed judgment, stipulation, decree, agreement to settle,  assurance of  discontinuance  or  otherwise, any claim or cause of action, whether filed or unfiled, actual or potential, and whether arising under  common law, equity, or any provision of law, a state agency or a state official or  employee  acting  in  their  official  capacity  shall  not have the authority to include or agree to include in such resolution any term  or condition  that  would  provide the state agency, official, or employee, their agent or designee, the settling party, or  any  third  party  with control  or  discretion  over  how any moneys to be paid by the settling party would be used, spent, or allocated.  (b) Paragraph (a) of this subdivision shall not apply to any provision in the resolution of a claim or cause of action providing (1) moneys  to be  distributed  to the federal government, to a local government, or to any holder of a bond or other debt instrument issued by the  state,  any public  authority,  or  any public benefit corporation; (2) moneys to be distributed solely or exclusively as a payment of damages or restitution to individuals or entities that were specifically injured or  harmed  by the  defendant's or settling party's conduct and that are identified in, or  can  be  identified  by  the  terms  of,  the   relevant   judgment, stipulation,  decree,  agreement to settle, assurance of discontinuance, or relevant instrument resolving the  claim  or  cause  of  action;  (3) moneys  recovered  or obtained by the attorney general where application of paragraph (a) of this subdivision is prohibited by federal law, rule, or regulation, or would result in the reduction or loss of federal funds or eligibility for federal benefits pursuant to federal  law,  rule,  or regulation; (4) moneys recovered or obtained by or on behalf of a public authority,  a public benefit corporation, the department of taxation and finance, the workers' compensation board,  the  New  York  state  higher education   services   corporation,  the  tobacco  settlement  financing corporation, a state or local  retirement  system,  an  employee  health benefit  program  administered by the New York state department of civil service, the Title IV-D child support fund, the lottery prize fund,  the abandoned  property fund, or an endowment of the state university of New York or any unit thereof or any state agency, provided that all  of  the moneys received or recovered are immediately transferred to the relevant public authority, public benefit corporation, department, fund, program, or  endowment;  (5)  moneys to be refunded to an individual or entity as (i) an overpayment of a tax, fine, penalty, fee, insurance premium, loan payment, charge or surcharge; (ii) a return of seized assets; or (iii) a payment made in error; (6) moneys to be used to prevent, abate, restore, mitigate or control any identifiable instance of prior or ongoing water, land or air pollution;  and  (7)  moneys  obtained  as  a  result  of  a settlement  agreement  which resulted from litigation with entities that manufactured, sold, distributed, dispensed or promoted opioids  made  in connection  with  claims  arising  from  the  manufacturing,  marketing, distributing, promoting or dispensing of opioids, as well as  any  funds received  by  the  state as a result of a judgment, stipulation, decree, agreement  to  settle,  assurance  of  discontinuance,  or  other  legal instrument resolving any claim or cause of action against manufacturers, distributors,  dispensers  or  vendors  of  opioids and related entities arising out of activities alleged to have contributed  to  increases  in opioid  addiction,  whether  filed  or unfiled, actual or potential, and whether arising under common law, equity, or any provision of law.  (c) Where  an  agreed  judgment,  stipulation,  decree,  agreement  to settle,  assurance  of discontinuance or other legal instrument resolves (1) any claim or any cause of action asserted by a  state  agency  or  a state official or employee acting in their official capacity and (2) any claim  or  cause of action asserted by one or more foreign jurisdictions or third parties, paragraph (a) of this subdivision shall only apply  to the  resolution  of  the  claim or cause of action asserted by the state agency, official, or employee.   * 17. (a) Any local  government  entity  which  has  a  police  agency operating  with  police  officers  as  defined under section 1.20 of the criminal procedure law that fails to transmit to  the  director  of  the division  of  the  budget  the certification required by executive order number two hundred three issued on June twelfth, two thousand twenty and titled "New York State Police Reform and Reinvention  Collaborative"  on or  before  April  first, two thousand twenty-one shall, upon request of the governor or the director of the division of the budget, be  required to install a monitor, to monitor and report monthly on the operations of such   police  agency,  including  but  not  limited  to  the  monitor's observations about interactions among the community and police  agencies in  such  local  government's  jurisdiction,  until  such  time that the required certification is submitted to the director of the  division  of the  budget. Such monitor shall be appointed by the attorney general, in consultation with the governor, at the expense of the police  agency  or responsible  local  government.  Reports  of  the  monitor shall be made public and the monitor shall promptly provide copies  to  the  governor, the  attorney  general,  the  commissioner  of  the division of criminal justice  services,  the  speaker  of  the  assembly  and  the  temporary president  of  the senate. The attorney general shall promptly post such reports on the department of law website. The certification  filed  with the  director  of the division of the budget must affirm that such local government has complied with the process set forth  in  executive  order number  two  hundred  three  by  adopting a local law or resolution that includes its plan to adopt and implement the  recommendations  resulting from  its  review  and  consultation  with the community to improve such police  force  deployments,  strategies,   policies,   procedures,   and practices  for  the  purposes  of addressing the particular needs of the communities  served  by  such  police  agency  and   promote   community engagement to foster trust, fairness, and legitimacy, and to address any racial bias and disproportionate policing of communities of color.  (b)  The  appointment  of a monitor, pursuant to paragraph (a) of this subdivision, shall be imposed in addition to any withholding  of  up  to fifty percent of any appropriated state or federal funds by the director of  the  division of the budget in accordance with the authority granted in any appropriations bill enacted for such fiscal years in  which  such withholding  of  funds occurs, as directed by executive order number two hundred three.  The  director  of  the  division  of  the  budget  shall discontinue  and  reverse  any withholds made pursuant to this provision upon receipt of the certification required by Executive Order 203.   * NB Repealed February 1, 2022