New York (State). Dept. of Law.

In 1954, the Tobacco Industry Research Committee (TIRC) was established by a group of tobacco manufacturers, growers and warehousemen to fund a program of scientific research into questions of tobacco use and health. As initially configured, the TIRC's functions included both the funding of research and the coordination of public relations activities relating to tobacco and health. By 1958 the tobacco industry conceded the difficulty of managing scientific research and public relations within a single organization. As a result, the Tobacco Institute was created to assume public relations functions and duties and the Council for Tobacco Research was established to underwrite scientific research. Research support was provided through a program of grants-in-aid supplemented by contracts for research with various institutions and laboratories.

The Council did not operate any research facilities of its own. Funds were provided by the member companies. The Council cease operations in 1998 as part of the national litigation settlement between the various states and the tobacco industry. The organizational structure of the Council included a Board of Directors, President, Scientific Director, Scientific Advisory Board, and various administrative and scientific staff. The Board of Directors was made up in large part of representative from Council member companies and was headed by a chairman who, from the 1960's on, was a retired tobacco industry executive. The Board was responsible for providing the necessary funds for the operation of the CTR, and for establishing policies and procedures for the Council.

Overall operation of the Council was placed with the President whose responsibilities also included the Literature Retrieval Division and special project grants. Scientific staff under the Scientific Director managed the day-to-day operation of the grants and special projects; they organized and managed the grants review process and monitored those awarded. The Scientific Advisory Board, composed of six to eight distinguished scientists, reviewed and evaluated research grant proposals.

Three types of grants were awarded by the Council for Tobacco Research: competitive research grants (those requiring submitted proposals, evaluated by the Scientific Advisory Board with administration and oversight by CTR scientific staff); staff special service projects (in the1960's and 1970's staff were allowed to award small amounts, $5,000-$10,000, to complete a research projects or to fund a small project of particular interest to the CTR); and Special Projects grants. Special Project (grants supporting research the tobacco industry thought necessary). Although funded by the CTR, Special Project grants were not reviewed by the SAB, but evaluated by the CTR Director who made the final funding decisions.

The earliest predecessor to this department was the Dutch colonial office of schout-fiscal, which combined the funcns of auditor, sheriff, and attorney general. Later, British colonial authorities appointed an attorney general as chief law enforcement officer of New York.

The first State constitution in 1777 created the office of attorney general, to be selected by the Council of Appointment. The constitution of 1821 transferred this appointment function to the legislature, and the constitution of 1846 made the office elective on a biennial basis. A 1937 constitutional amendment extended the term of elective office to four years.

The constitutional reorganization of State government in 1925 authorized creation of a Department of Law. Enabling legislation in 1926 (Chapter 347) established the department, transferred to it all powers previously exercised by the attorney general, and made the attorney general chief administrative officer of the department.

In 1995, the Department's Criminal Prosecutions Bureau, Statewide Organized Crime Taskforce, and Medicaid Fraud Unit were merged to create a new Criminal Division, thereby enhancing the Department's cooperation with local prosecutors and broadening the scope of its anti-fraud efforts. The Criminal Division, to which was added the Public Integrity Unit, investigates and prosecutes organized criminal activities, Medicaid fraud and nursing home patient abuse, government corruption, and all indictable offenses related to the authority of State agencies. In addition to the Criminal Division, the Department currently includes a Division of Public Advocacy, which protects the health, financial assets, and civil rights of citizens; Division of State Counsel, which represents the State, its agencies, and officials in litigation; Division of Appeals and Opinions, which represents the State in cases appealed in State and federal courts and interprets State laws for State agencies and municipalities; and Bureau of Legislative and Intergovernmental Affairs which prepares the attorney general's legislative program and submits bills to the State legislature.

Schout-fiscal (Dutch colonial) Attorney General (British colonial) Attorney General (1777) Department of Law (1926)

CURRENT FUNCTIONS. The Department of Law protects the legal rights of New York State's citizens by representing the State in all of its litigation and other legal affairs.

It carries out this responsibility by prosecuting or defending all actions and proceedings for or against the State and its departments; prosecuting certain criminal violations of the Labor Law, Workers' Compensation Law, and Unemployment Insurance Law; investigating and prosecuting other criminal cases at the request of the governor or the commissioner of a State department; bringing civil/criminal actions against polluters of the environment, violators of the antitrust laws, and those who defraud consumer or investors; mediating consumers' complaints; and defending the legal and civil rights of New Yorkers.

ORGANIZATIONAL HISTORY. The earliest predecessor to this department was the Dutch colonial office of schout-fiscal, which combined the funcns of auditor, sheriff, and attorney general. Later, British colonial authorities appointed an attorney general as chief law enforcement officer of New York.

The first State constitution in 1777 created the office of attorney general, to be selected by the Council of Appointment. The constitution of 1821 transferred this appointment function to the legislature, and the constitution of 1846 made the office elective on a biennial basis. A 1937 constitutional amendment extended the term of elective office to four years.

The constitutional reorganization of State government in 1925 authorized creation of a Department of Law. Enabling legislation in 1926 (Chapter 347) established the department, transferred to it all powers previously exercised by the attorney general, and made the attorney general chief administrative officer of the department.

At the time these reports were submitted, in September, 1999, Alexander von Gernet, Ph.D., was affiliated with the Department of Anthropology, University of Toronto at Mississauga, Ontario, Canada.