Senate Bill S9577A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9577--A
 
                             I N  S E N A T E
 
                              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:
 
   Section  1.  The  civil service law is amended by adding a new section
 216 to read as follows:
   § 216. FALSELY IMPERSONATING  AN  EMPLOYEE  ORGANIZATION  OR  EMPLOYEE
 ORGANIZATION  REPRESENTATIVE.  1.  DEFINITIONS. AS USED IN THIS SECTION,
 THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "FALSELY IMPERSONATE AN EMPLOYEE ORGANIZATION OR  EMPLOYEE  ORGAN-
 IZATION  REPRESENTATIVE"  SHALL MEAN TO USE, WITH THE SPECIFIC INTENT TO
 DECEIVE THE RECIPIENT AND  THEREBY  CAUSE  HARM  TO  SUCH  RECIPIENT  OR
 EMPLOYEE  ORGANIZATION,  FRAUD, MISREPRESENTATION, MATERIAL OMISSION, OR
 OTHER DECEPTION IN MAKING  AND DISSEMINATING A VERBAL, WRITTEN, OR ELEC-
 TRONIC  COMMUNICATION  THAT  PURPORTS  TO  BE  AUTHORIZED  OR  OTHERWISE
 APPROVED  BY  SUCH EMPLOYEE ORGANIZATION OR EMPLOYEE ORGANIZATION REPRE-
 SENTATIVE BUT THAT HAS NOT BEEN AUTHORIZED OR APPROVED BY SUCH  EMPLOYEE
 ORGANIZATION OR EMPLOYEE ORGANIZATION REPRESENTATIVE.
   (B)  "EMPLOYEE  ORGANIZATION  REPRESENTATIVE"  SHALL  MEAN  ANY PERSON
 AUTHORIZED BY AN EMPLOYEE ORGANIZATION, PURSUANT  TO  ITS  CONSTITUTION,
 BYLAWS  OR  OTHER INTERNAL RULES OR PROCEDURES, TO ACT ON BEHALF OF SUCH
 EMPLOYEE ORGANIZATION.
   2. NO PERSON SHALL FALSELY IMPERSONATE AN EMPLOYEE ORGANIZATION OR  AN
 EMPLOYEE ORGANIZATION REPRESENTATIVE.
   3.  (A)  WHENEVER  THE  ATTORNEY  GENERAL SHALL BELIEVE, FROM EVIDENCE
 SATISFACTORY TO THE ATTORNEY GENERAL, THAT ANY PERSON, INCLUDING BUT NOT
 LIMITED TO AN  INDIVIDUAL,  ORGANIZATION,  FIRM,  CORPORATION,  COMPANY,
 PARTNERSHIP OR ASSOCIATION, OR AGENT OR EMPLOYEE THEREOF, HAS ENGAGED OR
 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
 
 TION OR AN EMPLOYEE ORGANIZATION REPRESENTATIVE,  THE  ATTORNEY  GENERAL
 MAY  BRING  AN  ACTION  OR  PROCEEDING  IN THE NAME AND ON BEHALF OF THE
 PEOPLE OF THE STATE OF NEW YORK TO ENJOIN SUCH UNLAWFUL  ACTS  OR  PRAC-
 TICES.  IN  SUCH ACTION OR PROCEEDING, PRELIMINARY RELIEF MAY BE GRANTED
 UNDER ARTICLE SIXTY-THREE OF THE CIVIL PRACTICE LAW AND RULES. IN  ADDI-
 TION  TO  AND  NOT IN LIEU OF ANY OTHER DAMAGES THAT MAY BE CLAIMED, ANY
 PERSON FOUND TO BE IN VIOLATION OF THIS SECTION THROUGH SUCH  ACTION  OR
 PROCEEDING  SHALL  BE FINED ONE THOUSAND DOLLARS PER INCIDENT; PROVIDED,
 HOWEVER, THAT A COURT SHALL HAVE DISCRETION TO REDUCE THE TOTAL FINE  IF
 THE  COURT FINDS THAT THE AMOUNT OF SUCH FINE IS DISPROPORTIONATE TO THE
 DEFENDANT'S CONDUCT.
   (B) THE ATTORNEY GENERAL MAY BRING SUCH AN ACTION AGAINST  ANY  PERSON
 DISSEMINATING  VERBAL,  WRITTEN,  OR  ELECTRONIC  COMMUNICATIONS IN THIS
 STATE, WHETHER OR NOT THE PERSON IS WITHIN THE STATE.
   (C) IN CONNECTION WITH ANY PROPOSED ACTION OR  PROCEEDING  UNDER  THIS
 SECTION,  THE  ATTORNEY  GENERAL  IS AUTHORIZED TO TAKE PROOF AND MAKE A
 DETERMINATION OF THE RELEVANT FACTS, AND TO ISSUE SUBPOENAS  IN  ACCORD-
 ANCE WITH THE CIVIL PRACTICE LAW AND RULES.
   4.  TO  PROTECT  PUBLIC  EMPLOYEES  FROM  FRAUD  OR MISREPRESENTATION,
 INCLUDING THE FALSE IMPERSONATION OF AN EMPLOYEE ORGANIZATION  REPRESEN-
 TATIVE,  AN  EMPLOYEE  ORGANIZATION  SHALL HAVE, AS A MATTER OF INTERNAL
 GOVERNANCE, THE SOLE AUTHORITY TO IDENTIFY AND  DESIGNATE  ITS  EMPLOYEE
 ORGANIZATION REPRESENTATIVES.
   § 2. This act shall take effect immediately.