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NY State Legislature· S8411-2025Vetoed

Relates to certain powers of the attorney general, the official text

Shown verbatim: the complete text as captured from the official source posted by the New York State Senate, fetched 2026-08-11. Nothing is edited or removed. Where this bill amends existing law, language marked for deletion in the official source appears here in brackets. The official bill page.
S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8411
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               June 9, 2025
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the public officers law, in relation to  the  denial  of
   access to public records that relate to civil investigations; to amend
   the  executive  law,  in  relation  to requiring the superintendent of
   state police to provide the department of law with  direct,  real-time
   access  to  the criminal gun clearinghouse; to amend the executive law
   and the civil rights law, relating to the enforcement  powers  of  the
   attorney general; to amend the education law, in relation to authoriz-
   ing  the  attorney  general to enforce the provisions of the education
   law against covered entities who  engage  in  discrimination  and  the
   powers  and  duties  of  state  university  trustees; and to amend the
   public health law, in relation to the compromise of certain claims the
   state may have
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subparagraphs iii and iv of paragraph (e) of subdivision 2
 of section 87 of the public officers law, as amended by chapter  155  of
 the laws of 2022, are amended to read as follows:
   iii.  identify a confidential source or disclose confidential informa-
 tion relating to a CIVIL OR criminal investigation; or
   iv. reveal CIVIL OR criminal investigative techniques  or  procedures,
 except routine techniques and procedures;
   §  2. Subdivision 4 of section 230 of the executive law, as amended by
 chapter 207 of the laws of 2022, is amended to read as follows:
   4. The superintendent [of the division of state police]  shall  estab-
 lish  and maintain within the division a criminal gun clearinghouse as a
 central repository of information regarding all guns seized,  forfeited,
 found  or otherwise coming into the possession of any state or local law
 enforcement agency which are believed to have been used in  the  commis-
 sion  of  a  crime. The superintendent [of the division of state police]
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02621-09-5
 S. 8411                             2
 
 shall adopt and promulgate regulations prescribing reporting  procedures
 for such state or local law enforcement agencies, including the form for
 reporting  such  information. In addition to any other information which
 the  superintendent  [of  the division of state police] may require, the
 form shall require: (a) the serial number or other identifying  informa-
 tion  on  the  gun,  if  available;  and  (b) a brief description of the
 circumstances under which the gun came into the possession  of  the  law
 enforcement  agency,  including  the  crime  which  was or may have been
 committed with the gun. Whenever a state or local law enforcement agency
 seizes or recovers a gun that was unlawfully possessed, recovered from a
 crime scene, or is reasonably believed to have been used in  or  associ-
 ated  with  the  commission  of  a crime or is otherwise recovered as an
 abandoned or discarded gun, the  agency  shall  report  such  seized  or
 recovered  gun to the criminal gun clearinghouse as soon as practicable,
 but in no case more than twenty-four hours after the  agency  has  taken
 possession  of such gun. Every report made to the criminal gun clearing-
 house will result in the prompt submission of a request to the  national
 tracing   center  of  the  bureau  of  alcohol,  tobacco,  firearms  and
 explosives to trace the movement of the subject  gun  and  such  federal
 agency  will  be requested to provide the results of such a trace to the
 superintendent [of the division of state police] and to the law enforce-
 ment agency that submitted the clearinghouse report. THE  SUPERINTENDENT
 SHALL PROVIDE THE DEPARTMENT OF LAW WITH DIRECT, REAL-TIME ACCESS TO THE
 CRIMINAL GUN CLEARINGHOUSE.
   §  3.  Section  297  of  the  executive law is amended by adding a new
 subdivision 11 to read as follows:
   11. WHERE THE ATTORNEY GENERAL DETERMINES THAT AN UNLAWFUL DISCRIMINA-
 TORY PRACTICE IS REPEATED OR OTHERWISE PERSISTENT, THE ATTORNEY  GENERAL
 SHALL  HAVE  A  CAUSE OF ACTION IN ANY COURT OF APPROPRIATE JURISDICTION
 FOR DAMAGES, INJUNCTIVE RELIEF, AND SUCH OTHER REMEDIES AS MAY BE APPRO-
 PRIATE. THE ATTORNEY GENERAL IS AUTHORIZED TO TAKE PROOF, ISSUE  SUBPOE-
 NAS, AND ADMINISTER OATHS WHEN INVESTIGATING WHETHER AN ACTION SHOULD BE
 FILED.    THE  TERM "REPEATED" AS USED IN THIS SUBDIVISION SHALL INCLUDE
 REPETITION OF ANY SEPARATE AND DISTINCT  UNLAWFUL  DISCRIMINATORY  PRAC-
 TICE,  OR  CONDUCT THAT AFFECTS MORE THAN ONE PERSON. THE TERM "PERSIST-
 ENT" AS USED IN THIS SUBDIVISION SHALL INCLUDE CONTINUANCE  OR  CARRYING
 ON  OF  ANY  UNLAWFUL DISCRIMINATORY PRACTICE.   NOTHING IN THIS SECTION
 SHALL IN ANY WAY LIMIT RIGHTS OR REMEDIES WHICH ARE OTHERWISE  AVAILABLE
 UNDER  LAW  TO  THE  ATTORNEY  GENERAL OR ANY OTHER PERSON AUTHORIZED TO
 BRING AN ACTION UNDER THIS SECTION.
   § 4. Section 40-c of the civil rights law is amended by adding  a  new
 subdivision 3 to read as follows:
   3.  WHERE THE ATTORNEY GENERAL DETERMINES THAT A POLITICAL SUBDIVISION
 OF THE STATE OR ANY PRIVATE ACTOR HAS VIOLATED THIS SECTION IN A  MANNER
 THAT  IS  REPEATED  OR  OTHERWISE PERSISTENT, THE ATTORNEY GENERAL SHALL
 HAVE A CAUSE OF ACTION IN ANY  COURT  OF  APPROPRIATE  JURISDICTION  FOR
 DAMAGES,  INJUNCTIVE RELIEF, AND SUCH OTHER REMEDIES AS MAY BE APPROPRI-
 ATE. THE ATTORNEY GENERAL IS AUTHORIZED TO TAKE PROOF, ISSUE  SUBPOENAS,
 AND  ADMINISTER  OATHS  WHEN  INVESTIGATING  WHETHER AN ACTION SHOULD BE
 FILED.  THE TERM "REPEATED" AS USED IN THIS  SUBDIVISION  SHALL  INCLUDE
 REPETITION  OF  ANY  SEPARATE  AND  DISTINCT  VIOLATION, OR CONDUCT THAT
 AFFECTS MORE THAN ONE PERSON. THE TERM  "PERSISTENT"  AS  USED  IN  THIS
 SUBDIVISION  SHALL  INCLUDE CONTINUANCE OR CARRYING ON OF ANY VIOLATION.
 NOTHING IN THIS SECTION SHALL IN ANY WAY LIMIT RIGHTS OR REMEDIES  WHICH
 ARE  OTHERWISE  AVAILABLE UNDER LAW TO THE ATTORNEY GENERAL OR ANY OTHER
 PERSON AUTHORIZED TO BRING AN ACTION UNDER THIS SECTION.
 S. 8411                             3
 
   § 5. Section 75 of the executive law is amended by adding a new subdi-
 vision 6 to read as follows:
   6. IT IS UNLAWFUL FOR ANY COVERED AGENCY, OR ANY AGENT THEREOF, OR ANY
 PERSON  ACTING  ON BEHALF OF A COVERED AGENCY, TO ENGAGE IN A PATTERN OR
 PRACTICE OF CONDUCT THAT DEPRIVES  PERSONS  OF  RIGHTS,  PRIVILEGES,  OR
 IMMUNITIES  SECURED  OR  PROTECTED  BY  THE  CONSTITUTION OR LAWS OF THE
 UNITED STATES OR THE STATE OF NEW YORK. WHENEVER  THE  ATTORNEY  GENERAL
 HAS  REASONABLE  CAUSE  TO  BELIEVE THAT A VIOLATION OF THIS SECTION HAS
 OCCURRED, THE ATTORNEY GENERAL, FOR OR IN THE NAME OF THE STATE  OF  NEW
 YORK,  MAY  IN  A  CIVIL ACTION OBTAIN ANY AND ALL APPROPRIATE RELIEF TO
 ELIMINATE THE PATTERN OR PRACTICE.   VENUE FOR A  CIVIL  ACTION  BROUGHT
 UNDER  THIS SECTION SHALL BE IN NEW YORK COUNTY OR ALBANY COUNTY.  NOTH-
 ING IN THIS SECTION SHALL IN ANY WAY LIMIT RIGHTS OR REMEDIES WHICH  ARE
 OTHERWISE  AVAILABLE  UNDER  LAW  TO  THE  ATTORNEY GENERAL OR ANY OTHER
 PERSON.
   § 6. The education law is amended by adding a new section 2-e to  read
 as follows:
   § 2-E. ADDRESSING REPEATED OR PERSISTENT DISCRIMINATION. 1. THE ATTOR-
 NEY  GENERAL  SHALL HAVE JURISDICTION TO INVESTIGATE AND BRING ANY CIVIL
 ACTION OR PROCEEDING IN A MANNER CONSISTENT WITH THE  AUTHORITY  GRANTED
 BY  SUBDIVISION  TWELVE  OF  SECTION  SIXTY-THREE  OF THE EXECUTIVE LAW,
 INCLUDING TO TAKE  PROOF,  MAKE  DETERMINATIONS,  AND  ISSUE  SUBPOENAS,
 WHICH,  IN  THE ATTORNEY GENERAL'S JUDGMENT, IS NECESSARY FOR THE EFFEC-
 TIVE ENFORCEMENT OF ANY PROVISION OF  THIS  CHAPTER,  THE  VIOLATION  OF
 WHICH  RESULTED  OR  FORESEEABLY  WILL  RESULT IN REPEATED OR PERSISTENT
 DISCRIMINATION BASED ON A PERSON'S  ACTUAL  OR  PERCEIVED  RACE,  COLOR,
 WEIGHT,  NATIONAL  ORIGIN,  CITIZENSHIP  OR  IMMIGRATION  STATUS, ETHNIC
 GROUP, RELIGION OR CREED, RELIGIOUS PRACTICE, DISABILITY, SEXUAL  ORIEN-
 TATION, GENDER EXPRESSION OR GENDER IDENTITY, SEX, MARITAL STATUS, FAMI-
 LIAL  STATUS, PREGNANCY, OR STATUS AS A VICTIM OF DOMESTIC VIOLENCE, SEX
 OFFENSES, OR STALKING, BY ANY COVERED ENTITY. FOR THE PURPOSES  OF  THIS
 SECTION, "COVERED ENTITY" SHALL INCLUDE ALL PUBLIC ELEMENTARY OR SECOND-
 ARY  SCHOOLS,  SCHOOL DISTRICTS, AND CHARTER SCHOOLS; PROVIDED, HOWEVER,
 NOTHING IN THIS  SECTION  SHALL  APPLY  TO  COLLEGES,  UNIVERSITIES,  OR
 PRIVATE,  RELIGIOUS, OR DENOMINATIONAL EDUCATIONAL INSTITUTIONS.  TESTI-
 MONIAL EVIDENCE GIVEN BY SCHOOL EMPLOYEES  IN  SUCH  ENFORCEMENT  MATTER
 SHALL NOT BE ADMISSIBLE AGAINST SUCH EMPLOYEE IN A DISCIPLINARY PROCEED-
 ING  BROUGHT  AGAINST  SUCH EMPLOYEE BY THE EMPLOYING SCHOOL DISTRICT OR
 OTHER ENTITY.
   2. WHERE THE ATTORNEY GENERAL HAS  THE  AUTHORITY  TO  BRING  A  CIVIL
 ACTION OR PROCEEDING IN CONNECTION WITH THE ENFORCEMENT OF THIS CHAPTER,
 IN  LIEU THEREOF, THE ATTORNEY GENERAL MAY ACCEPT AN ASSURANCE THAT SUCH
 ACT OR PRACTICE IN VIOLATION OF SUBDIVISION ONE OF THIS SECTION FROM ANY
 PERSON OR COVERED ENTITY HAS CEASED. EVIDENCE OF  A  VIOLATION  OF  SUCH
 ASSURANCE  SHALL  CONSTITUTE  A  PRIMA  FACIE  PROOF OF VIOLATION OF THE
 APPLICABLE LAW IN ANY CIVIL ACTION OR PROCEEDING THEREAFTER COMMENCED BY
 THE  ATTORNEY  GENERAL.  ANY  CIVIL  ACTION  OR  PROCEEDING  BROUGHT  IN
 CONNECTION WITH THE ENFORCEMENT OF THIS SECTION SHALL BE COMMENCED WITH-
 IN SIX YEARS.
   3.  NOTHING  IN THIS SECTION SHALL PRECLUDE OR LIMIT THE RIGHTS, REME-
 DIES OR CAUSES OF ACTION PROVIDED UNDER ANY LAW TO THE ATTORNEY GENERAL,
 ANY PERSON, AGENCY AUTHORIZED TO ENFORCE OR BRING AN ACTION  UNDER  THIS
 CHAPTER,  OR UNDER ANY LOCAL, STATE, OR FEDERAL ORDINANCE, LAW, OR REGU-
 LATION INCLUDING BUT NOT LIMITED TO, ANY REMEDIES  OR  RIGHTS  AVAILABLE
 UNDER THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT, TITLES VI AND VII
 OF THE CIVIL RIGHTS ACT OF 1964, TITLE IX OF THE EDUCATION AMENDMENTS OF
 S. 8411                             4
 
 1972,  SECTION  504  OF THE REHABILITATION ACT OF 1973, OR THE AMERICANS
 WITH DISABILITIES ACT OF 1990.
   § 7. Subdivision 10 of section 355 of the education law, as amended by
 chapter 552 of the laws of 1985, is amended to read as follows:
   10.  The state university trustees may authorize the chief administra-
 tive officer of each medical center of the  state  university  operating
 in-patient  or  out-patient  hospital facilities or clinic facilities to
 compromise any claim which the state may have for care,  maintenance  or
 treatment received or furnished to patients in such facilities, in prop-
 er  cases,  where  substantial  justice will best be served thereby. Any
 such compromise shall be [subject to the prior written approval  of  the
 attorney  general]  IN  ACCORDANCE  WITH   PARAMETERS ESTABLISHED BY THE
 OFFICE OF THE ATTORNEY GENERAL.
   § 8. Subdivision 3 of section 2602 of the public health law, as  added
 by chapter 425 of the laws of 1967, is amended to read as follows:
   3.  The  commissioner  may  in [his] THE COMMISSIONER'S discretion, in
 proper cases, where substantial justice will  best  be  served  thereby,
 waive such bills or compromise any portion of such bills for the mainte-
 nance,  care  and  treatment  received  or  furnished to patients in the
 hospital. Such waiver or  compromise  shall  be  made  only  upon  prior
 approval  of the comptroller [and the attorney general] when [they deem]
 THE COMPTROLLER DEEMS it to be for the best interest of the state.
   § 9. Subdivision 3 of section 406 of the public health law,  as  added
 by chapter 211 of the laws of 1972, is amended to read as follows:
   3.  The  commissioner  may  in [his] THE COMMISSIONER'S discretion, in
 proper cases, where substantial justice will  best  be  served  thereby,
 waive  bills  for  the  maintenance,  care  and  treatment  received  or
 furnished to patients in any of the hospitals  or  institutions  of  the
 department  or  compromise  any  portion  of  such bills. Such waiver or
 compromise shall be made only upon prior  approval  of  the  comptroller
 [and  the attorney general] when [they deem] THE COMPTROLLER DEEMS it to
 be for the best interest of the state.
   § 10. Severability. If any provision of this act, or  any  application
 of  any  provision  of  this  act, is held to be invalid, that shall not
 affect the validity or effectiveness of any other provision of this act,
 any other application of  any  provision  of  this  act,  or  any  other
 provision of any law or code amended by this act.
   § 11. This act shall take effect immediately.
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