Prohibits the impersonation of an employee organization or an employee representative, the official text

S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10835--A
 
                           I N  A S S E M B L Y
 
                               April 1, 2026
                                ___________
 
 Introduced  by M. of A. GRIFFIN -- read once and referred to the Commit-
   tee on Governmental Employees -- 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-
 TION OR AN EMPLOYEE ORGANIZATION REPRESENTATIVE,  THE  ATTORNEY  GENERAL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15363-03-6
 A. 10835--A                         2

 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.