NY State Senate Bill 2025-S7125

Senate Bill S7125

2025-2026 Legislative Session

Subjects individuals who are accessories to illegal activities relating to public officers to the same penalties as those who perform such activities

download bill text pdf

Current Bill Status - In Senate Committee Ethics And Internal Governance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 01, 2025	referred to ethics and internal governance

2025-S7125 (ACTIVE) - Details

Current Committee:: Senate Ethics And Internal Governance
Law Section:: Executive Law
Laws Affected:: Amd §94, Exec L; amd §§1-o & 1-p, Leg L

2025-S7125 (ACTIVE) - Summary

Subjects an individual who solicits, requests, commands, importunes, or intentionally aids or assists in illegal activities under the public officers law, the civil service law, or the legislative law relating to public officers to the same penalties as those who violate such provisions of law.

2025-S7125 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7125

SPONSOR: SKOUFIS
 
TITLE OF BILL:

An act to amend the executive law and the legislative law, in relation
to subjecting individuals who solicit, request, command, importune, or
intentionally aid or assist others to engage in conduct that violates
certain provisions of the public officers law, the civil service law, or
the legislative law to the same penalties as those who perform the ille-
gal activities

 
PURPOSE:

To make clear that those who solicit, request, command, importune, or
intentionally aid a state officer or employee, or a lobbyist, lobbying
client or public corporation, to engage in conduct that violates the
ethics or lobbying laws, cannot avoid civil liability by claiming that
they did not themselves directly engage in conduct violative of those
laws, which include sections 73, 73-a, and 74 of the Public Officers
Law, section 107 of the Civil Service Law, and article 1-A of the Legis-
lative Law.

 
SUMMARY OF PROVISIONS:

Section 1: Amends subparagraphs I, ii, and iii of paragraph n of subdi-
vision 10 of section 94 of the Executive Law to ensure that those who
aid, abet, encourage, or induce a violation of the ethics or lobbying
laws and do so with the requisite intent are subject to the same civil
penalties as those who act directly to violate those laws.

Section 2: Amends subparagraph ii of paragraph p of subdivision 10 of
section 94 of the Executive Law to provide that those who aid, abet,
encourage, or induce a violation of the ethics or lobbying laws and do
so with the requisite intent are subject to the same disciplinary
outcomes as those who act directly to violate those laws.

Section 3: Amends section 1-o of the Legislative Law to provide that
those who aid, abet, encourage, or induce a violation of a lobbying
filing requirement and do so with the requisite intent are subject to
the same civil penalties as those who act directly to violate the stat-
ute. This section also adds a new paragraph to clarify that for purposes
of the section, the chief administrative officer or duly designated
designee of any organization required to file a statement or report is
responsible for the filing.

Section 4: Amends section 1-p of the Legislative Law to provide that the
declaration under penalties of perjury to which all lobbying statements
and reports are subject-that the filing is true, correct, and complete-
must be made by the chief administrative officer or duly designated
designee.

 
JUSTIFICATION:

The state's criminal law provides ample provisions for imposing liabil-
ity on individuals who aid, abet, assist, or act in concert with crimi-
nal actors, as well as those who facilitate criminal conduct (see, e.g.,
Article 20 of the Penal Law). Additionally, state officers and employees
who fail to report official misconduct or misconduct by individuals
engaged in business dealings with a government agency are subject to
disciplinary action, including dismissal or removal from office (see
Executive Law § 55).

Similarly, individuals who knowingly and intentionally aid, abet,
encourage or induce others to violate the state's ethics or lobbying
laws should be subject to the same civil penalties as the primary viola-
tors. However, under the state's current ethics and lobbying laws, there
is no explicit provision for imposing civil penalties on those who
assist, enable, or encourage such violations.

To address this gap, the Commission on Ethics and Lobbying in Government
has proposed legislation to explicitly establish civil liability for
individuals who knowingly facilitate or induce violations of these laws.
This measure would ensure that those who assist, abet, or encourage
intentional violations of ethics laws-or knowingly and willfully violate
lobbying laws-are held to the same legal standard as the direct viola-
tors. By incorporating an express "accessorial liability" provision,
this legislation would enhance the Commission's enforcement authority
and reinforce compliance with the state's ethics and lobbying laws.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately

2025-S7125 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7125
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               April 1, 2025
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Ethics and Internal Gover-
   nance
 
 AN ACT to amend the executive law and the legislative law,  in  relation
   to subjecting individuals who solicit, request, command, importune, or
   intentionally  aid or assist others to engage in conduct that violates
   certain provisions of the public officers law, the civil service  law,
   or  the legislative law to the same penalties as those who perform the
   illegal activities
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (n) of subdivision 10 of section 94 of the execu-
 tive  law, as added by section 2 of part QQ of chapter 56 of the laws of
 2022, is amended to read as follows:
   (n) (i) An individual subject to the jurisdiction  of  the  commission
 who  knowingly and intentionally violates the provisions of subdivisions
 two through five-a, seven, eight, twelve or fourteen  through  seventeen
 of section seventy-three of the public officers law, section one hundred
 seven  of the civil service law, or a reporting individual who knowingly
 and willfully fails to file an annual statement of financial  disclosure
 or  who  knowingly  and  willfully  with intent to deceive makes a false
 statement or fraudulent omission or gives information which  such  indi-
 vidual knows to be false on such statement of financial disclosure filed
 pursuant  to  section  seventy-three-a of the public officers law, OR AN
 INDIVIDUAL, ACTING WITH THE MENTAL CULPABILITY REQUIRED FOR THE  COMMIS-
 SION  THEREOF,  WHO  SOLICITS, REQUESTS, COMMANDS, IMPORTUNES, OR INTEN-
 TIONALLY AIDS OR ASSISTS ANOTHER PERSON TO ENGAGE IN ANY  SUCH  CONDUCT,
 shall  be  subject  to  a civil penalty in an amount not to exceed forty
 thousand dollars and the value of  any  gift,  compensation  or  benefit
 received as a result of such violation.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10675-02-5
 S. 7125                             2

 
   (ii)  An  individual who OR AN ENTITY THAT knowingly and intentionally
 violates the provisions of paragraph a, b, c, d, e, g, or i of  subdivi-
 sion  three  of  section  seventy-four of the public officers law, OR AN
 INDIVIDUAL, ACTING WITH THE MENTAL CULPABILITY REQUIRED FOR THE  COMMIS-
 SION  THEREOF,  WHO  SOLICITS, REQUESTS, COMMANDS, IMPORTUNES, OR INTEN-
 TIONALLY AIDS OR ASSISTS ANOTHER PERSON TO ENGAGE IN SUCH CONDUCT, shall
 be subject to a civil penalty in an amount not to  exceed  ten  thousand
 dollars and the value of any gift, compensation or benefit received as a
 result of such violation.
   (iii)  An individual subject to the jurisdiction of the commission who
 knowingly and willfully violates article one-A of the  legislative  law,
 OR  AN  INDIVIDUAL,  ACTING WITH THE MENTAL CULPABILITY REQUIRED FOR THE
 COMMISSION THEREOF, WHO SOLICITS,  REQUESTS,  COMMANDS,  IMPORTUNES,  OR
 INTENTIONALLY  AIDS OR ASSISTS ANOTHER PERSON TO ENGAGE IN SUCH CONDUCT,
 shall be subject to civil penalty as provided for in that article.
   (iv) With respect to a potential violation of any criminal  law  where
 the commission finds sufficient cause by a majority vote, it shall refer
 such  matter  to  the  appropriate law enforcement authority for further
 investigation.
   (v) In assessing the amount of the civil penalties to be imposed,  the
 commission  shall  consider the seriousness of the violation, the amount
 of gain to the individual and whether the individual previously had  any
 civil  or  criminal  penalties imposed pursuant to this section, and any
 other factors the commission deems appropriate.
   (vi) A civil penalty for false filing shall not be imposed under  this
 subdivision  in  the  event  a  category of "value" or "amount" reported
 hereunder is incorrect  unless  such  reported  information  is  falsely
 understated.
   (vii)  Notwithstanding  any other provision of law to the contrary, no
 other penalty, civil or criminal may be imposed for a failure  to  file,
 or  for a false filing, of such statement, or a violation of subdivision
 six of section seventy-three of the public officers law or  section  one
 hundred  seven  of the civil service law, except that the commission may
 recommend that the  individual  in  violation  of  such  subdivision  or
 section be disciplined.
   §  2.  Subparagraph (ii) of paragraph (p) of subdivision 10 of section
 94 of the executive law, as added by section 2 of part QQ of chapter  56
 of the laws of 2022, is amended to read as follows:
   (ii)  With respect to the investigation of any individual who is not a
 member of the legislature or a legislative  employee  or  candidate  for
 member  of  the  legislature, if after its investigation and due process
 hearing, the commission has found, by a  majority  vote,  a  substantial
 basis  to conclude that the individual or entity has violated the public
 officers law, section one hundred seven of the civil service law, or the
 legislative law, OR, ACTING WITH THE MENTAL CULPABILITY REQUIRED FOR THE
 COMMISSION OF SUCH  VIOLATIONS,  HAS  SOLICITED,  REQUESTED,  COMMANDED,
 IMPORTUNED, OR INTENTIONALLY AIDED OR ASSISTED ANOTHER PERSON TO VIOLATE
 ONE  OR  MORE  OF  SUCH LAWS, the commission shall determine whether, in
 addition to or in lieu of any  fine  authorized  by  this  article,  the
 matter  should be referred to their employer for discipline with a warn-
 ing, admonition, censure, suspension or termination or other appropriate
 discipline. With regard to statewide elected officials,  the  commission
 may  not  order suspension or termination but may recommend impeachment.
 The commission shall then issue a report containing  its  determinations
 including its findings of fact and conclusions of law to the complainant
 S. 7125                             3

 and  respondent. The commission shall publish such report on its website
 within twenty days of its delivery to the complainant and respondent.
   § 3. Section 1-o of the legislative law, as added by chapter 14 of the
 laws of 2007, is amended to read as follows:
   §  1-o. Penalties. (a) (i) Any lobbyist, public corporation, or client
 who knowingly and wilfully fails to file timely a  report  or  statement
 required  by this section or knowingly and wilfully files false informa-
 tion or knowingly and wilfully violates section one-m  of  this  article
 shall be guilty of a class A misdemeanor; and
   (ii)  any  lobbyist,  public  corporation, or client who knowingly and
 wilfully fails to file timely a report or  statement  required  by  this
 section  or  knowingly and wilfully files false information or knowingly
 and wilfully violates section one-m of this article, after having previ-
 ously been convicted in the preceding five years of the crime  described
 in paragraph (i) of this subdivision, shall be guilty of a class E felo-
 ny.  Any  lobbyist convicted of or pleading guilty to a felony under the
 provisions of this section may be barred from acting as a lobbyist for a
 period of one year from the date of the conviction. [For the purposes of
 this subdivision, the chief administrative officer of  any  organization
 required  to  file a statement or report shall be the person responsible
 for making and filing such statement or report unless some other  person
 prior  to the due date thereof has been duly designated to make and file
 such statement or report.]
   (b)(i) A lobbyist, public corporation, or  client  who  knowingly  and
 wilfully  fails  to  file a statement or report within the time required
 for the filing of such report or knowingly and wilfully violates section
 one-m of this article, OR AN INDIVIDUAL, ACTING WITH THE  MENTAL  CULPA-
 BILITY  REQUIRED  FOR  THE  COMMISSION  THEREOF, WHO SOLICITS, REQUESTS,
 COMMANDS, IMPORTUNES, OR INTENTIONALLY AIDS OR ASSISTS ANOTHER PERSON TO
 ENGAGE IN SUCH CONDUCT, shall be subject to a  civil  penalty  for  each
 such  failure  or  violation,  in an amount not to exceed the greater of
 twenty-five thousand dollars or three times the amount the person failed
 to  report  properly  or  unlawfully  contributed,  expended,  gave   or
 received, to be assessed by the commission.
   (ii)  A  lobbyist,  public  corporation,  or  client who knowingly and
 wilfully files a false statement or report,  OR  AN  INDIVIDUAL,  ACTING
 WITH  THE  MENTAL  CULPABILITY  REQUIRED FOR THE COMMISSION THEREOF, WHO
 SOLICITS, REQUESTS,  COMMANDS,  IMPORTUNES,  OR  INTENTIONALLY  AIDS  OR
 ASSISTS  ANOTHER  PERSON TO ENGAGE IN SUCH CONDUCT shall be subject to a
 civil penalty, in an amount not to exceed the greater of fifty  thousand
 dollars  or  five times the amount the person failed to report properly,
 to be assessed by the commission.
   (iii)(A) A lobbyist or client who knowingly and wilfully violates  the
 provisions  of  subdivision  one of section one-n of this article, OR AN
 INDIVIDUAL, ACTING WITH THE MENTAL CULPABILITY REQUIRED FOR THE  COMMIS-
 SION  THEREOF,  WHO  SOLICITS, REQUESTS, COMMANDS, IMPORTUNES, OR INTEN-
 TIONALLY AIDS ANOTHER PERSON TO ENGAGE IN SUCH CONDUCT, shall be subject
 to a civil penalty not to exceed ten thousand  dollars  for  an  initial
 violation.
   (B)  If,  after  a  lobbyist or client has been found to have violated
 subdivision one of section one-n of this article, a lobbyist  or  client
 knowingly  and  wilfully  violates  the provisions of subdivision one of
 section one-n of this article within four years  of  such  finding,  the
 lobbyist  or  client  shall  be subject to a civil penalty not to exceed
 twenty-five thousand dollars.
 S. 7125                             4
 
   (iv) Any lobbyist or client that knowingly and wilfully fails to  file
 a  statement  or  report within the time required for the filing of such
 report, knowingly and wilfully files a false  statement  or  report,  or
 knowingly  and  wilfully  violates  section one-m of this article, after
 having been found by the commission to have knowing and wilfully commit-
 ted  such  conduct  or  violation  in  the  preceding five years, may be
 subject to a determination that the lobbyist  or  client  is  prohibited
 from  engaging  in lobbying activities, as that term is defined in para-
 graph (v) of subdivision (c) of section one-c of  this  article,  for  a
 period of one year.
   (v)  Any  lobbyist  or  client  that knowingly and wilfully engages in
 lobbying activities, as that term is defined in paragraph (v) of  subdi-
 vision  (c) of section one-c of this article, during the period in which
 they are prohibited from engaging in lobbying activities, as  that  term
 is  defined in paragraph (v) of subdivision (c) of section one-c of this
 article pursuant to this subdivision, may be subject to a  determination
 that  the  lobbyist  or  client  is prohibited from engaging in lobbying
 activities, as that term is defined in paragraph (v) of subdivision  (c)
 of  section one-c of this article, for a period of up to four years, and
 shall be subject to  a  civil  penalty  not  to  exceed  fifty  thousand
 dollars, plus a civil penalty in an amount equal to five times the value
 of  any  gift,  compensation  or  benefit  received  as  a result of the
 violation.
   (vi) A lobbyist, public  corporation,  or  client  who  knowingly  and
 wilfully  fails  to  retain their records pursuant to paragraph three of
 subdivision (c) of section one-e of this article,  subparagraph  (v)  of
 paragraph  five  of subdivision (b) of section one-h of this article, or
 paragraph five of subdivision (b) of section one-j of this article shall
 be subject to a civil penalty in an amount of two thousand  dollars  per
 violation to be assessed by the commission.
   (c) FOR THE PURPOSES OF THIS SECTION, THE CHIEF ADMINISTRATIVE OFFICER
 OF  ANY ORGANIZATION REQUIRED TO FILE A STATEMENT OR REPORT SHALL BE THE
 PERSON RESPONSIBLE FOR MAKING AND FILING SUCH STATEMENT OR REPORT UNLESS
 SOME OTHER PERSON PRIOR TO THE DUE DATE THEREOF HAS BEEN DULY DESIGNATED
 TO MAKE AND FILE SUCH STATEMENT OR REPORT.
   (D)(i) Any assessment or order to debar shall be determined only after
 a hearing at which the  party  shall  be  entitled  to  appear,  present
 evidence and be heard. Any assessment or order to debar pursuant to this
 section  may only be imposed after the commission sends by certified and
 first-class mail written notice of intent to assess a penalty  or  order
 to debar and the basis for the penalty or order to debar. Any assessment
 may be recovered in an action brought by the attorney general.
   (ii)  In  assessing  any fine or penalty pursuant to this section, the
 commission shall consider: (A) as a mitigating factor that the lobbyist,
 public corporation or client has not previously been required to  regis-
 ter,  and  (B) as an aggravating factor that the lobbyist, public corpo-
 ration or client has had fines or penalties assessed against it  in  the
 past. The amount of compensation expended, incurred or received shall be
 a factor to consider in determining a proportionate penalty.
   (iii) Any lobbyist, public corporation or client who receives a notice
 of intent to assess a penalty for knowingly and wilfully failing to file
 a  report  or  statement pursuant to subdivision (b) of this section and
 who has never previously received a notice of intent to assess a penalty
 for failing to file a report or statement required  under  this  section
 shall  be  granted  fifteen  days  within which to file the statement of
 registration or report without being subject to the fine or penalty  set
 S. 7125                             5
 
 forth  in  subdivision  (b)  of  this  section. Upon the failure of such
 lobbyist, public corporation or client to file within such  fifteen  day
 period,  such lobbyist, public corporation or client shall be subject to
 a fine or penalty pursuant to subdivision (b) of this section.
   [(d)]  (E) All moneys recovered by the attorney general or received by
 the commission from the assessment of civil penalties authorized by this
 section shall be deposited to the general fund.
   § 4. Subdivision (a) of section 1-p of the legislative law,  as  added
 by  chapter  2 of the laws of 1999 and as relettered by chapter 1 of the
 laws of 2005, is amended to read as follows:
   (a) All statements and reports required under this  article  shall  be
 subject  to  a  declaration by the CHIEF ADMINISTRATOR OFFICER OR person
 [making and filing] DULY DESIGNATED WITH THE RESPONSIBILITY TO  MAKE  OR
 FILE  such  statement  and  report that the information CONTAINED IN ANY
 SUCH FILING is true, correct and complete  to  the  best  knowledge  and
 belief of the signer under the penalties of perjury.
   § 5. This act shall take effect immediately.

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