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S09577 Summary:

BILL NOS09577A
 
SAME ASNo Same As
 
SPONSORRAMOS
 
COSPNSR
 
MLTSPNSR
 
Add §216, Civ Serv L
 
Prohibits falsely impersonating an employee organization or an employee representative with the intent to deceive the recipient and thereby cause harm to such recipient or employee organization by the use of fraud, misrepresentation, material omission, or other deception in making and disseminating a verbal, written or electronic communication; provides that the attorney general may bring an action or proceeding to enjoin such unlawful acts or practices.
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S09577 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         9577--A
 
                    IN SENATE
 
                                     March 25, 2026
                                       ___________
 
        Introduced  by  Sen.  RAMOS  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Civil Service and Pensions
          -- committee discharged, bill amended, ordered  reprinted  as  amended
          and recommitted to said committee
 
        AN ACT to amend the civil service law, in relation to prohibiting false-
          ly  impersonating  an  employee  organization or employee organization
          representative
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  The  civil service law is amended by adding a new section
     2  216 to read as follows:
     3    § 216. Falsely impersonating  an  employee  organization  or  employee
     4  organization  representative.  1.  Definitions. As used in this section,
     5  the following terms shall have the following meanings:
     6    (a) "Falsely impersonate an employee organization or  employee  organ-
     7  ization  representative"  shall mean to use, with the specific intent to
     8  deceive the recipient and  thereby  cause  harm  to  such  recipient  or
     9  employee  organization,  fraud, misrepresentation, material omission, or
    10  other deception in making  and disseminating a verbal, written, or elec-
    11  tronic  communication  that  purports  to  be  authorized  or  otherwise
    12  approved  by  such employee organization or employee organization repre-
    13  sentative but that has not been authorized or approved by such  employee
    14  organization or employee organization representative.
    15    (b)  "Employee  organization  representative"  shall  mean  any person
    16  authorized by an employee organization, pursuant  to  its  constitution,
    17  bylaws  or  other internal rules or procedures, to act on behalf of such
    18  employee organization.
    19    2. No person shall falsely impersonate an employee organization or  an
    20  employee organization representative.
    21    3.  (a)  Whenever  the  attorney  general shall believe, from evidence
    22  satisfactory to the attorney general, that any person, including but not
    23  limited to an  individual,  organization,  firm,  corporation,  company,
    24  partnership or association, or agent or employee thereof, has engaged or
    25  is  about  to engage in the false impersonation of an employee organiza-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15363-02-6

        S. 9577--A                          2
 
     1  tion or an employee organization representative,  the  attorney  general
     2  may  bring  an  action  or  proceeding  in the name and on behalf of the
     3  people of the state of New York to enjoin such unlawful  acts  or  prac-
     4  tices.  In  such action or proceeding, preliminary relief may be granted
     5  under article sixty-three of the civil practice law and rules. In  addi-
     6  tion  to  and  not in lieu of any other damages that may be claimed, any
     7  person found to be in violation of this section through such  action  or
     8  proceeding  shall  be fined one thousand dollars per incident; provided,
     9  however, that a court shall have discretion to reduce the total fine  if
    10  the  court finds that the amount of such fine is disproportionate to the
    11  defendant's conduct.
    12    (b) The attorney general may bring such an action against  any  person
    13  disseminating  verbal,  written,  or  electronic  communications in this
    14  state, whether or not the person is within the state.
    15    (c) In connection with any proposed action or  proceeding  under  this
    16  section,  the  attorney  general  is authorized to take proof and make a
    17  determination of the relevant facts, and to issue subpoenas  in  accord-
    18  ance with the civil practice law and rules.
    19    4.  To  protect  public  employees  from  fraud  or misrepresentation,
    20  including the false impersonation of an employee organization  represen-
    21  tative,  an  employee  organization  shall have, as a matter of internal
    22  governance, the sole authority to identify and  designate  its  employee
    23  organization representatives.
    24    § 2. This act shall take effect immediately.
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