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A07914 Summary:

BILL NOA07914
 
SAME ASNo Same As
 
SPONSORSlater
 
COSPNSRMorinello, Smullen, McDonough
 
MLTSPNSR
 
 
Establishes the commission to investigate foreign influence on governmental employees and elections.
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A07914 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7914
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                     April 11, 2025
                                       ___________
 
        Introduced by M. of A. SLATER -- read once and referred to the Committee
          on Governmental Operations
 
        AN  ACT  in relation to establishing a commission to investigate foreign
          influence on governmental employees and elections; and  providing  for
          the repeal of such provisions upon expiration thereof

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. There is hereby established  a  commission  to  investigate
     2  foreign  influence  on governmental employees and elections, hereinafter
     3  referred to as "the commission". Such commission  shall  consist  of  25
     4  members to be appointed as follows: five members appointed by the gover-
     5  nor; five members appointed by the speaker of the assembly; five members
     6  appointed  by  the  temporary  president  of  the  senate;  five members
     7  appointed by the minority leader  of  the  assembly;  and  five  members
     8  appointed  by  the  minority  leader of the senate. The commission shall
     9  elect from its appointed members a  chairperson  or  chairpersons  by  a
    10  majority  vote  of  the  total number of members of the commission. Such
    11  chairperson or chairpersons shall preside over all  commission  meetings
    12  and  shall have the power to schedule meetings of the commission as such
    13  chairperson or chairpersons deem necessary for the proper  execution  of
    14  its duties.
    15    § 2. The commission shall:
    16    (a)  Investigate  weaknesses  in existing laws, regulations and proce-
    17  dures relating to the regulation of lobbying, including but not  limited
    18  to  examining  compliance  by organizations and other persons engaged in
    19  lobbying and other attempts to influence public policies  or  elections,
    20  including foreign entities, with the requirements of existing state laws
    21  administered by the commission on ethics and lobbying in government, and
    22  the sufficiency of such requirements; and make recommendations to reform
    23  any weaknesses uncovered in such laws, regulations and procedures.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07434-01-5

        A. 7914                             2
 
     1    (b)  Investigate  weaknesses  in existing laws, regulations and proce-
     2  dures relating to addressing public corruption, conflicts  of  interest,
     3  and  ethics  in state government, including but not limited to, criminal
     4  laws protecting against abuses of the public trust; and make recommenda-
     5  tions  to  reform any weaknesses uncovered in such laws, regulations and
     6  procedures.
     7    (c) Investigate weaknesses in existing laws, regulations,  and  proce-
     8  dures  relating  to governmental employees acting on behalf of a foreign
     9  entity, or nation; and make recommendations  to  reform  any  weaknesses
    10  uncovered in such laws, regulations and procedures.
    11    (d)  Investigate  weaknesses  in existing laws, regulations and proce-
    12  dures relating to  addressing  the  influence  of  foreign  entities  on
    13  elected  officials,  state  employees,  and election campaigns; and make
    14  recommendations to reform any weaknesses uncovered in such  laws,  regu-
    15  lations and procedures.
    16    (e)  Conduct public hearings around the state to provide opportunities
    17  for members of the public and  interested  parties  to  comment  on  the
    18  issues and the scope of its work.
    19    § 3. Pursuant to subdivision 8 of section 63 of the executive law, the
    20  governor shall direct that the attorney general inquire into the matters
    21  set  forth  in  this  act, that involve public peace, public safety, and
    22  public justice, and request that the attorney general do so by  appoint-
    23  ing  those  of  the  appointed commissioners who are attorneys as deputy
    24  attorneys general and delegating to such deputy  attorneys  general  the
    25  authority  to exercise the investigative powers that are provided for in
    26  an investigation pursuant to such subdivision.
    27    § 4. Members of the commission shall have all the powers and authority
    28  that may be given or granted to persons  appointed  under  authority  of
    29  section  6 and subdivision 8 of section 63 of the executive law, includ-
    30  ing, but not limited to, the powers to subpoena and enforce the  attend-
    31  ance  of  individual  witnesses,  both public and private, to administer
    32  oaths and examine witnesses under oath, and to require the production of
    33  any books or papers deemed relevant or material; provided, however, that
    34  (a) the chairperson or chairpersons of the commission shall  unanimously
    35  approve  any  subpoena prior to its issuance; and (b) the chairperson or
    36  chairpersons of the commission shall unanimously approve such procedures
    37  and rules as they believe necessary to govern the exercise of the powers
    38  and authority given or granted to the members of the commission pursuant
    39  to section 6 and subdivision 8 of  section  63  of  the  executive  law,
    40  including  rules  designed  to provide transparency while protecting the
    41  integrity of the investigation and rights to privacy.
    42    § 5. If in the course of its inquiry, the commission obtains  evidence
    43  of  a violation of existing laws, such evidence shall be communicated to
    44  the office of the attorney general and other appropriate law enforcement
    45  authorities, and the commission shall take steps to facilitate jurisdic-
    46  tional referrals where appropriate. The superintendent of  the  division
    47  of  state  police shall, as appropriate, authorize the attorney general,
    48  pursuant to the provisions of subdivision 3 of section 63 of the  execu-
    49  tive  law,  to  conduct  an  investigation  of any indictable offense or
    50  offenses arising out of any activity that is the subject of  an  inquiry
    51  by  the  commission,  and to prosecute the person or persons believed to
    52  have committed the same and any  crime  or  offense  uncovered  by  such
    53  investigation  or  prosecution  or  both,  including but not limited to,
    54  appearing before and presenting all such matters to a  grand  jury.  The
    55  commission shall cooperate with prosecutorial agencies to avoid jeopard-
    56  izing ongoing investigations and prosecutions.

        A. 7914                             3

     1    §  6.  Every  department,  board, bureau, and commission of the state,
     2  including but not limited  to  state  agencies,  shall  provide  to  the
     3  commission  every  assistance  and  cooperation,  including use of state
     4  facilities, which may be necessary or desirable for  the  accomplishment
     5  of the duties or purposes of this section.
     6    §  7.  The  commission  shall  issue a preliminary policy report on or
     7  before May 1, 2026, setting forth its initial findings and  making  such
     8  recommendations  as  required  by  this  act  for the express purpose of
     9  consideration and enactment of statutory reforms by the governor and the
    10  legislature in the 2026 legislative session. On or before May  1,  2027,
    11  the  commission shall make a final policy report to the governor and the
    12  legislature of its findings and recommendations.  All such reports  must
    13  be approved by a majority of the members of the commission.
    14    §  8.  This  act shall take effect immediately and shall expire and be
    15  deemed repealed 6 months after the submission of the final report by the
    16  commission to investigate foreign influence  on  governmental  employees
    17  and  elections pursuant to section seven of this act; provided, however,
    18  that a chairperson of the commission to investigate foreign influence on
    19  governmental employees and elections shall notify the  legislative  bill
    20  drafting  commission  upon the occurrence of the submission of the final
    21  report by such commission pursuant to section seven of this act in order
    22  that the commission may maintain an accurate and timely  effective  data
    23  base of the official text of the laws of the state of New York in furth-
    24  erance  of  effectuating the provisions of section 44 of the legislative
    25  law and section 70-b of the public officers law.
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