S 7125: 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.

  
  STATE OF NEW YORK ________________________________________________________________________ 7125 2025-2026 Regular Sessions  IN SENATE 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: 1 Section 1. Paragraph (n) of subdivision 10 of section 94 of the execu- 2 tive law, as added by section 2 of part QQ of chapter 56 of the laws of 3 2022, is amended to read as follows: 4 (n) (i) An individual subject to the jurisdiction of the commission 5 who knowingly and intentionally violates the provisions of subdivisions 6 two through five-a, seven, eight, twelve or fourteen through seventeen 7 of section seventy-three of the public officers law, section one hundred 8 seven of the civil service law, or a reporting individual who knowingly 9 and willfully fails to file an annual statement of financial disclosure 10 or who knowingly and willfully with intent to deceive makes a false 11 statement or fraudulent omission or gives information which such indi- 12 vidual knows to be false on such statement of financial disclosure filed 13 pursuant to section seventy-three-a of the public officers law, or an 14 individual, acting with the mental culpability required for the commis- 15 sion thereof, who solicits, requests, commands, importunes, or inten- 16 tionally aids or assists another person to engage in any such conduct, 17 shall be subject to a civil penalty in an amount not to exceed forty 18 thousand dollars and the value of any gift, compensation or benefit 19 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 1 (ii) An individual who or an entity that knowingly and intentionally 2 violates the provisions of paragraph a, b, c, d, e, g, or i of subdivi- 3 sion three of section seventy-four of the public officers law, or an 4 individual, acting with the mental culpability required for the commis- 5 sion thereof, who solicits, requests, commands, importunes, or inten- 6 tionally aids or assists another person to engage in such conduct, shall 7 be subject to a civil penalty in an amount not to exceed ten thousand 8 dollars and the value of any gift, compensation or benefit received as a 9 result of such violation. 10 (iii) An individual subject to the jurisdiction of the commission who 11 knowingly and willfully violates article one-A of the legislative law, 12 or an individual, acting with the mental culpability required for the 13 commission thereof, who solicits, requests, commands, importunes, or 14 intentionally aids or assists another person to engage in such conduct, 15 shall be subject to civil penalty as provided for in that article. 16 (iv) With respect to a potential violation of any criminal law where 17 the commission finds sufficient cause by a majority vote, it shall refer 18 such matter to the appropriate law enforcement authority for further 19 investigation. 20 (v) In assessing the amount of the civil penalties to be imposed, the 21 commission shall consider the seriousness of the violation, the amount 22 of gain to the individual and whether the individual previously had any 23 civil or criminal penalties imposed pursuant to this section, and any 24 other factors the commission deems appropriate. 25 (vi) A civil penalty for false filing shall not be imposed under this 26 subdivision in the event a category of "value" or "amount" reported 27 hereunder is incorrect unless such reported information is falsely 28 understated. 29 (vii) Notwithstanding any other provision of law to the contrary, no 30 other penalty, civil or criminal may be imposed for a failure to file, 31 or for a false filing, of such statement, or a violation of subdivision 32 six of section seventy-three of the public officers law or section one 33 hundred seven of the civil service law, except that the commission may 34 recommend that the individual in violation of such subdivision or 35 section be disciplined. 36 § 2. Subparagraph (ii) of paragraph (p) of subdivision 10 of section 37 94 of the executive law, as added by section 2 of part QQ of chapter 56 38 of the laws of 2022, is amended to read as follows: 39 (ii) With respect to the investigation of any individual who is not a 40 member of the legislature or a legislative employee or candidate for 41 member of the legislature, if after its investigation and due process 42 hearing, the commission has found, by a majority vote, a substantial 43 basis to conclude that the individual or entity has violated the public 44 officers law, section one hundred seven of the civil service law, or the 45 legislative law, or, acting with the mental culpability required for the 46 commission of such violations, has solicited, requested, commanded, 47 importuned, or intentionally aided or assisted another person to violate 48 one or more of such laws, the commission shall determine whether, in 49 addition to or in lieu of any fine authorized by this article, the 50 matter should be referred to their employer for discipline with a warn- 51 ing, admonition, censure, suspension or termination or other appropriate 52 discipline. With regard to statewide elected officials, the commission 53 may not order suspension or termination but may recommend impeachment. 54 The commission shall then issue a report containing its determinations 55 including its findings of fact and conclusions of law to the complainant 
 S. 7125 3 1 and respondent. The commission shall publish such report on its website 2 within twenty days of its delivery to the complainant and respondent. 3 § 3. Section 1-o of the legislative law, as added by chapter 14 of the 4 laws of 2007, is amended to read as follows: 5 § 1-o. Penalties. (a) (i) Any lobbyist, public corporation, or client 6 who knowingly and wilfully fails to file timely a report or statement 7 required by this section or knowingly and wilfully files false informa- 8 tion or knowingly and wilfully violates section one-m of this article 9 shall be guilty of a class A misdemeanor; and 10 (ii) any lobbyist, public corporation, or client who knowingly and 11 wilfully fails to file timely a report or statement required by this 12 section or knowingly and wilfully files false information or knowingly 13 and wilfully violates section one-m of this article, after having previ- 14 ously been convicted in the preceding five years of the crime described 15 in paragraph (i) of this subdivision, shall be guilty of a class E felo- 16 ny. Any lobbyist convicted of or pleading guilty to a felony under the 17 provisions of this section may be barred from acting as a lobbyist for a 18 period of one year from the date of the conviction. [For the purposes of 19 this subdivision, the chief administrative officer of any organization 20 required to file a statement or report shall be the person responsible 21 for making and filing such statement or report unless some other person 22 prior to the due date thereof has been duly designated to make and file 23 such statement or report.] 24 (b)(i) A lobbyist, public corporation, or client who knowingly and 25 wilfully fails to file a statement or report within the time required 26 for the filing of such report or knowingly and wilfully violates section 27 one-m of this article, or an individual, acting with the mental culpa- 28 bility required for the commission thereof, who solicits, requests, 29 commands, importunes, or intentionally aids or assists another person to 30 engage in such conduct, shall be subject to a civil penalty for each 31 such failure or violation, in an amount not to exceed the greater of 32 twenty-five thousand dollars or three times the amount the person failed 33 to report properly or unlawfully contributed, expended, gave or 34 received, to be assessed by the commission. 35 (ii) A lobbyist, public corporation, or client who knowingly and 36 wilfully files a false statement or report, or an individual, acting 37 with the mental culpability required for the commission thereof, who 38 solicits, requests, commands, importunes, or intentionally aids or 39 assists another person to engage in such conduct shall be subject to a 40 civil penalty, in an amount not to exceed the greater of fifty thousand 41 dollars or five times the amount the person failed to report properly, 42 to be assessed by the commission. 43 (iii)(A) A lobbyist or client who knowingly and wilfully violates the 44 provisions of subdivision one of section one-n of this article, or an 45 individual, acting with the mental culpability required for the commis- 46 sion thereof, who solicits, requests, commands, importunes, or inten- 47 tionally aids another person to engage in such conduct, shall be subject 48 to a civil penalty not to exceed ten thousand dollars for an initial 49 violation. 50 (B) If, after a lobbyist or client has been found to have violated 51 subdivision one of section one-n of this article, a lobbyist or client 52 knowingly and wilfully violates the provisions of subdivision one of 53 section one-n of this article within four years of such finding, the 54 lobbyist or client shall be subject to a civil penalty not to exceed 55 twenty-five thousand dollars. 
 S. 7125 4 1 (iv) Any lobbyist or client that knowingly and wilfully fails to file 2 a statement or report within the time required for the filing of such 3 report, knowingly and wilfully files a false statement or report, or 4 knowingly and wilfully violates section one-m of this article, after 5 having been found by the commission to have knowing and wilfully commit- 6 ted such conduct or violation in the preceding five years, may be 7 subject to a determination that the lobbyist or client is prohibited 8 from engaging in lobbying activities, as that term is defined in para- 9 graph (v) of subdivision (c) of section one-c of this article, for a 10 period of one year. 11 (v) Any lobbyist or client that knowingly and wilfully engages in 12 lobbying activities, as that term is defined in paragraph (v) of subdi- 13 vision (c) of section one-c of this article, during the period in which 14 they are prohibited from engaging in lobbying activities, as that term 15 is defined in paragraph (v) of subdivision (c) of section one-c of this 16 article pursuant to this subdivision, may be subject to a determination 17 that the lobbyist or client is prohibited from engaging in lobbying 18 activities, as that term is defined in paragraph (v) of subdivision (c) 19 of section one-c of this article, for a period of up to four years, and 20 shall be subject to a civil penalty not to exceed fifty thousand 21 dollars, plus a civil penalty in an amount equal to five times the value 22 of any gift, compensation or benefit received as a result of the 23 violation. 24 (vi) A lobbyist, public corporation, or client who knowingly and 25 wilfully fails to retain their records pursuant to paragraph three of 26 subdivision (c) of section one-e of this article, subparagraph (v) of 27 paragraph five of subdivision (b) of section one-h of this article, or 28 paragraph five of subdivision (b) of section one-j of this article shall 29 be subject to a civil penalty in an amount of two thousand dollars per 30 violation to be assessed by the commission. 31 (c) For the purposes of this section, the chief administrative officer 32 of any organization required to file a statement or report shall be the 33 person responsible for making and filing such statement or report unless 34 some other person prior to the due date thereof has been duly designated 35 to make and file such statement or report. 36 (d)(i) Any assessment or order to debar shall be determined only after 37 a hearing at which the party shall be entitled to appear, present 38 evidence and be heard. Any assessment or order to debar pursuant to this 39 section may only be imposed after the commission sends by certified and 40 first-class mail written notice of intent to assess a penalty or order 41 to debar and the basis for the penalty or order to debar. Any assessment 42 may be recovered in an action brought by the attorney general. 43 (ii) In assessing any fine or penalty pursuant to this section, the 44 commission shall consider: (A) as a mitigating factor that the lobbyist, 45 public corporation or client has not previously been required to regis- 46 ter, and (B) as an aggravating factor that the lobbyist, public corpo- 47 ration or client has had fines or penalties assessed against it in the 48 past. The amount of compensation expended, incurred or received shall be 49 a factor to consider in determining a proportionate penalty. 50 (iii) Any lobbyist, public corporation or client who receives a notice 51 of intent to assess a penalty for knowingly and wilfully failing to file 52 a report or statement pursuant to subdivision (b) of this section and 53 who has never previously received a notice of intent to assess a penalty 54 for failing to file a report or statement required under this section 55 shall be granted fifteen days within which to file the statement of 56 registration or report without being subject to the fine or penalty set 
 S. 7125 5 1 forth in subdivision (b) of this section. Upon the failure of such 2 lobbyist, public corporation or client to file within such fifteen day 3 period, such lobbyist, public corporation or client shall be subject to 4 a fine or penalty pursuant to subdivision (b) of this section. 5 [(d)] (e) All moneys recovered by the attorney general or received by 6 the commission from the assessment of civil penalties authorized by this 7 section shall be deposited to the general fund. 8 § 4. Subdivision (a) of section 1-p of the legislative law, as added 9 by chapter 2 of the laws of 1999 and as relettered by chapter 1 of the 10 laws of 2005, is amended to read as follows: 11 (a) All statements and reports required under this article shall be 12 subject to a declaration by the chief administrator officer or person 13 [making and filing] duly designated with the responsibility to make or 14 file such statement and report that the information contained in any 15 such filing is true, correct and complete to the best knowledge and 16 belief of the signer under the penalties of perjury. 17 § 5. This act shall take effect immediately.