Bill Text: NY S02272 | 2011-2012 | General Assembly | Introduced
Bill Title: Prohibits the state and agencies, etc. from entering into a contract with or otherwise funding, directly or indirectly, Hamas, Hezbollah, or Islamic Jihad or their representatives; requires contractors to stipulate that they will not do so and provides for sanctions for violations.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-01-18 - REFERRED TO FINANCE [S02272 Detail]
Download: New_York-2011-S02272-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
2272
2011-2012 Regular Sessions
I N S E N A T E
January 18, 2011
___________
Introduced by Sen. KRUGER -- read twice and ordered printed, and when
printed to be committed to the Committee on Finance
AN ACT to amend the executive law, in relation to prohibiting the state
and certain public benefit corporations from providing any funding or
assistance to any entity that provides any support, material or other-
wise, to the terrorist organizations Hamas, Hezbollah, or Islamic
Jihad and prohibiting contracts with entities that fund or assist
Hamas, Hezbollah, or Islamic Jihad
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Declaration of legislative findings and intent. The state
2 is concerned about the establishment of peace in the Middle East and
3 threats to the process. The greatest threats to that process stem from
4 the organizations known as Hamas, Hezbollah, and Islamic Jihad, one or
5 more of which have been linked to terrorist activities in the United
6 States as well. Substantial funds from the United States have been
7 transferred to areas in the Middle East, and terrorist organizations in
8 this area have received and made expenditures of such funds. One way to
9 minimize support to terrorist organizations throughout the Middle East
10 is to prohibit the payment of state funds and deny state contracts to
11 any entity that provides assistance of any kind to Hamas, Hezbollah, or
12 Islamic Jihad.
13 S 2. The executive law is amended by adding a new section 161-a to
14 read as follows:
15 S 161-A. PROHIBITING THE STATE AND CERTAIN PUBLIC BENEFIT CORPORATIONS
16 FROM PROVIDING FINANCIAL ASSISTANCE TO OR ENTERING INTO A CONTRACT WITH
17 HAMAS, HEZBOLLAH, OR ISLAMIC JIHAD. NOTWITHSTANDING ANY INCONSISTENT
18 PROVISIONS OF ANY GENERAL OR SPECIAL LAW OR RESOLUTION, NEITHER THE
19 STATE NOR ANY STATE AGENCY (MEANING (I) ANY STATE DEPARTMENT, OR (II)
20 ANY DIVISION, BOARD, COMMISSION, OR BUREAU OF ANY STATE DEPARTMENT, OR
21 (III) THE STATE UNIVERSITY OF NEW YORK AND THE CITY UNIVERSITY OF NEW
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06952-01-1
S. 2272 2
1 YORK, INCLUDING ALL THEIR CONSTITUENT UNITS, EXCEPT COMMUNITY COLLEGES
2 AND THE INDEPENDENT INSTITUTIONS OPERATING STATUTORY OR CONTRACT
3 COLLEGES ON BEHALF OF THE STATE, OR (IV) A BOARD, A MAJORITY OF WHOSE
4 MEMBERS ARE APPOINTED BY THE GOVERNOR OR WHO SERVE BY VIRTUE OF BEING
5 STATE OFFICERS OR EMPLOYEES AS DEFINED IN SUBPARAGRAPH (I), (II) OR
6 (III) OF PARAGRAPH (I) OF SUBDIVISION ONE OF SECTION SEVENTY-THREE OF
7 THE PUBLIC OFFICERS LAW, OR (V) ANY PUBLIC AUTHORITY, OTHER THAN MULTI-
8 STATE AUTHORITIES, PUBLIC BENEFIT CORPORATION, AND COMMISSION AT LEAST
9 ONE OF WHOSE MEMBERS IS APPOINTED BY THE GOVERNOR), NOR THE LEGISLATIVE
10 AND JUDICIAL BRANCHES OF GOVERNMENT, NOR ANY FUND OF ANY OF THE FOREGO-
11 ING, NOR ANY OFFICER OF ANY OF THE FOREGOING, SHALL:
12 1. USE ITS MONIES TO PAY ANY INDIVIDUAL, CORPORATION, ORGANIZATION, OR
13 GOVERNMENT THAT SENDS, CONVEYS, SOLICITS, DISTRIBUTES, OR CHANNELS
14 FUNDS, MATERIAL SUPPORT, OR RESOURCES, EITHER DIRECTLY OR INDIRECTLY, TO
15 THE TERRORIST ORGANIZATIONS HAMAS, HEZBOLLAH, OR ISLAMIC JIHAD, OR A
16 REPRESENTATIVE OF SUCH TERRORIST ORGANIZATIONS; OR
17 2. CONTRACT FOR THE SUPPLY OF GOODS, SERVICES, OR CONSTRUCTION WITH
18 ANY CONTRACTOR WHO DOES NOT AGREE TO STIPULATE TO THE FOLLOWING AS A
19 MATERIAL CONDITION OF THE CONTRACT: THE CONTRACTOR, ANY FRANCHISER OF
20 THE CONTRACTOR, AND ANY SUBCONTRACTOR TO BE EMPLOYED BY THE CONTRACTOR
21 SHALL NOT SEND, CONVEY, SOLICIT, DISTRIBUTE, OR CHANNEL FUNDS, MATERIAL
22 SUPPORT, OR RESOURCES TO THE TERRORIST ORGANIZATIONS HAMAS, HEZBOLLAH,
23 OR ISLAMIC JIHAD, OR A REPRESENTATIVE OF SUCH TERRORIST ORGANIZATIONS.
24 ADDITIONALLY, ANY CONTRACTOR, FRANCHISER OF THE CONTRACTOR, AND ANY
25 SUBCONTRACTOR TO BE EMPLOYED BY THE CONTRACTOR SHALL CERTIFY THAT IT IS
26 IN COMPLIANCE WITH THE REQUIREMENTS OF THIS SECTION. SUCH CERTIFICATION
27 SHALL BE FILED WITH THE STATE GOVERNMENTAL CONTRACTING PARTY AND MADE A
28 PART OF ITS CONTRACT FILE.
29 3. UPON RECEIVING INFORMATION THAT A CONTRACTOR WHO HAS MADE THE STIP-
30 ULATION AND CERTIFICATION REQUIRED BY THIS SECTION IS IN VIOLATION THER-
31 EOF, THE STATE GOVERNMENTAL CONTRACTING PARTY SHALL REVIEW SUCH INFORMA-
32 TION AND OFFER THE CONTRACTOR AN OPPORTUNITY TO RESPOND. IF THE STATE
33 GOVERNMENTAL CONTRACTING PARTY FINDS THAT A VIOLATION HAS OCCURRED, IT
34 SHALL TAKE SUCH ACTION AS MAY BE APPROPRIATE AND PROVIDED FOR BY LAW,
35 RULE, OR REGULATION, OR CONTRACT, INCLUDING, BUT NOT LIMITED TO, IMPOS-
36 ING SANCTIONS, SEEKING COMPLIANCE, RECOVERING DAMAGES, DECLARING THE
37 CONTRACTOR IN DEFAULT, AND SEEKING DEBARMENT OR SUSPENSION OF THE
38 CONTRACTOR.
39 S 3. If any provision of this act or the application thereof is held
40 invalid, the remainder of this act and the application thereof to other
41 persons or circumstances shall not be affected by such holding and shall
42 remain in full force and effect.
43 S 4. This act shall take effect immediately.
