Senate Bill S8591

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8591
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             November 26, 2025
                                ___________
 
 Introduced  by  Sen.  ASHBY  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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:
 
   Section  1.  There  is  hereby established a commission to investigate
 foreign influence on governmental employees and  elections,  hereinafter
 referred  to  as  "the  commission". Such commission shall consist of 25
 members to be appointed as follows: five members appointed by the gover-
 nor; five members appointed by the speaker of the assembly; five members
 appointed by  the  temporary  president  of  the  senate;  five  members
 appointed  by  the  minority  leader  of  the assembly; and five members
 appointed by the minority leader of the  senate.  The  commission  shall
 elect  from  its  appointed  members  a chairperson or chairpersons by a
 majority vote of the total number of members  of  the  commission.  Such
 chairperson  or  chairpersons shall preside over all commission meetings
 and shall have the power to schedule meetings of the commission as  such
 chairperson  or  chairpersons deem necessary for the proper execution of
 its duties.
   § 2. The commission shall:
   (a) Investigate weaknesses in existing laws,  regulations  and  proce-
 dures  relating to the regulation of lobbying, including but not limited
 to examining compliance by organizations and other  persons  engaged  in
 lobbying  and  other attempts to influence public policies or elections,
 including foreign entities, with the requirements of existing state laws
 administered by the commission on ethics and lobbying in government, and
 the sufficiency of such requirements; and make recommendations to reform
 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
 S. 8591                             2
              

 
   (b) Investigate weaknesses in existing laws,  regulations  and  proce-
 dures  relating  to addressing public corruption, conflicts of interest,
 and ethics in state government, including but not limited  to,  criminal
 laws protecting against abuses of the public trust; and make recommenda-
 tions  to  reform any weaknesses uncovered in such laws, regulations and
 procedures.
   (c) Investigate weaknesses in existing laws, regulations,  and  proce-
 dures  relating  to governmental employees acting on behalf of a foreign
 entity, or nation; and make recommendations  to  reform  any  weaknesses
 uncovered in such laws, regulations and procedures.
   (d)  Investigate  weaknesses  in existing laws, regulations and proce-
 dures relating to  addressing  the  influence  of  foreign  entities  on
 elected  officials,  state  employees,  and election campaigns; and make
 recommendations to reform any weaknesses uncovered in such  laws,  regu-
 lations and procedures.
   (e)  Conduct public hearings around the state to provide opportunities
 for members of the public and  interested  parties  to  comment  on  the
 issues and the scope of its work.
   § 3. Pursuant to subdivision 8 of section 63 of the executive law, the
 governor shall direct that the attorney general inquire into the matters
 set  forth  in  this  act, that involve public peace, public safety, and
 public justice, and request that the attorney general do so by  appoint-
 ing  those  of  the  appointed commissioners who are attorneys as deputy
 attorneys general and delegating to such deputy  attorneys  general  the
 authority  to exercise the investigative powers that are provided for in
 an investigation pursuant to such subdivision.
   § 4. Members of the commission shall have all the powers and authority
 that may be given or granted to persons  appointed  under  authority  of
 section  6 and subdivision 8 of section 63 of the executive law, includ-
 ing, but not limited to, the powers to subpoena and enforce the  attend-
 ance  of  individual  witnesses,  both public and private, to administer
 oaths and examine witnesses under oath, and to require the production of
 any books or papers deemed relevant or material; provided, however, that
 (a) the chairperson or chairpersons of the commission shall  unanimously
 approve  any  subpoena prior to its issuance; and (b) the chairperson or
 chairpersons of the commission shall unanimously approve such procedures
 and rules as they believe necessary to govern the exercise of the powers
 and authority given or granted to the members of the commission pursuant
 to section 6 and subdivision 8 of  section  63  of  the  executive  law,
 including  rules  designed  to provide transparency while protecting the
 integrity of the investigation and rights to privacy.
   § 5. If in the course of its inquiry, the commission obtains  evidence
 of  a violation of existing laws, such evidence shall be communicated to
 the office of the attorney general and other appropriate law enforcement
 authorities, and the commission shall take steps to facilitate jurisdic-
 tional referrals where appropriate. The superintendent of  the  division
 of  state  police shall, as appropriate, authorize the attorney general,
 pursuant to the provisions of subdivision 3 of section 63 of the  execu-
 tive  law,  to  conduct  an  investigation  of any indictable offense or
 offenses arising out of any activity that is the subject of  an  inquiry
 by  the  commission,  and to prosecute the person or persons believed to
 have committed the same and any  crime  or  offense  uncovered  by  such
 investigation  or  prosecution  or  both,  including but not limited to,
 appearing before and presenting all such matters to a  grand  jury.  The
 commission shall cooperate with prosecutorial agencies to avoid jeopard-
 izing ongoing investigations and prosecutions.
 S. 8591                             3

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