Brook-Krasny, Chang, Giglio, Brown E, Blankenbush, Bendett
MLTSPNSR
Fitzpatrick, Jensen, Lemondes, Mikulin, Norber
Add §116, amd §§102 & 112, N-PC L
Establishes the "Not on our dollar!: Ending New York funding of Hamas violence act" to prohibit not-for-profit corporations from engaging in unauthorized support of Hamas and nations known to fund middle-eastern terrorist group activity; allows for recovery of a civil penalty by the state attorney general; creates a private right of action for violations.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5214
SPONSOR: Novakhov (MS) TITLE OF BILL:
An act to amend the not-for-profit corporation law, in relation to
establishing the "Not on our dollar!: Ending New York funding of Hamas
violence act" to prohibit not-for-profit corporations from engaging in
unauthorized support of Hamas and the unauthorized support of nations
known to fund middle-eastern terrorist group activity
PURPOSE OR GENERAL IDEA OF BILL:
Prohibits not-for-profit corporations from engaging in unauthorized
support of Hamas and the unauthorized support of nations known to fund
middle-eastern terrorist group activity support of Hamas and the unau-
thorized support of nations known to fund middle-eastern terrorist group
activities.
SUMMARY OF SPECIFIC PROVISIONS:
SECTION 1: States the title of the bill.
SECTION 2: Amends the not-for-profit corporation law by adding a new
section 116 regarding support of Hamas and nations known to fund
middle-eastern, terrorist group activities by not-for-profits in New.
York State. This section provides restrictions regarding aiding and
abetting activity that is illegal under any of the international trea-
ties signed at Geneva on August 12, 1949, or any protocols, and provides
specific examples of such activity to include:
*Acts of violence committed by Hamas against protected persons living in
Israel
*Forced transfer or kidnapping of protected persons within Israel, or
eviction from Israel
*Appropriation, expropriation, seizure, destruction, demolition, disman-
tlement, or confiscation, in whole or in part, of private Israeli land
or residential, business, social, or public structures or infrastruc-
ture, inhabited or uninhabited Parts C and D also provide for civil
recovery rights by the Attorney. General 'or private individuals against
not-for-profit corporations or their agents, officers or directors for
knowingly engaging in violations, which may be brought within ten years.
SECTION 3:
Subparagraph 3-b of paragraph (a) of section 102 of the not-for-profit
corporation law, as amended by chapter 23 of the laws of 2014, is
amended to read as follows:
(3 - b) "Charitable purposes" of a corporation means one or more of the
following purposes: charitable, educational, religious, scientific,
literary, cultural or for the prevention of cruelty to children or
animals. The term "charitable purposes" shall not include any acts
committed in violation of section one hundred sixteen of this article.
SECTION 4:
Paragraph (a) of section 112 of the not-for-profit corporation law is
amended by adding a new subparagraph 11 to read as follows:
(11) To dissolve a charitable corporation for violations of section one
hundred sixteen of this article.
SECTION 5:
Establishes the date this bill takes effect
JUSTIFICATION:
This bill is a proactive measure to ensure that not-for-profit corpo-
rations within New York State are not complicit in or supportive of
terrorism, specifically actions that undermine peace and security in the
Middle East, By aligning state law with international treaties and
norms, the bill demonstrates New York's commitment to global peace,.
security, and the rule of law. It also provides clear guidelines and
enforcement mechanisms to ensure that not-for-profits do not facilitate
or condone acts of terrorism and clarifies that New York State charities
cannot subsidize such illegal activity.
PRIOR LEGISLATIVE HISTORY:
2023-2024, HELD in Corporations
FISCAL IMPLICATIONS:
EFFECTIVE DATE:
This act shall take effect immediately
STATE OF NEW YORK
________________________________________________________________________
5214
2025-2026 Regular Sessions
IN ASSEMBLY
February 12, 2025
___________
Introduced by M. of A. NOVAKHOV, BROOK-KRASNY, CHANG, GIGLIO, E. BROWN,
BLANKENBUSH -- Multi-Sponsored by -- M. of A. FITZPATRICK, JENSEN,
LEMONDES, MIKULIN, NORBER -- read once and referred to the Committee
on Corporations, Authorities and Commissions
AN ACT to amend the not-for-profit corporation law, in relation to
establishing the "Not on our dollar!: Ending New York funding of Hamas
violence act" to prohibit not-for-profit corporations from engaging in
unauthorized support of Hamas and the unauthorized support of nations
known to fund middle-eastern terrorist group activity
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "Not on our dollar!: Ending New York funding of Hamas violence act".
3 § 2. The not-for-profit corporation law is amended by adding a new
4 section 116 to read as follows:
5 § 116. Unauthorized support of Hamas and the unauthorized support of
6 nations known to fund middle-eastern terrorist group activity.
7 (a) Definitions. Notwithstanding any other provision of law to the
8 contrary, for the purposes of this section, the following terms shall
9 have the following meanings:
10 (1) "Unauthorized support of Hamas and the unauthorized support of
11 nations known to fund middle-eastern terrorist group activity" means
12 aiding and abetting activity by the government of Iran, Qatar, Pales-
13 tine, nations designated by the United States department of state as
14 state sponsors of terrorism, nations deemed "terrorist safe havens" in
15 the United States' annual country report on terrorism, or the terrorist
16 group Hamas, or citizen thereof, that is illegal under any of the inter-
17 national treaties signed at Geneva on the twelfth day of August, nine-
18 teen forty-nine, as amended, or any protocol to such convention to which
19 the United States is a party, including:
20 (i) acts of violence committed by Hamas against protected persons
21 living in Israel, including but not limited to homicide, assault, and
22 other acts of physical violence; use of firearms, explosives, or other
23 deadly force; the killing or harming of animals, livestock, trees, or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08979-01-5
A. 5214 2
1 crops; the destruction, damage, or vandalism of Israeli property; or
2 blocking access to Israeli lands by fencing off land, erecting struc-
3 tures, or other means;
4 (ii) the forced transfer or kidnapping of protected persons within
5 Israel; and/or
6 (iii) the appropriation, expropriation, seizure, destruction, demoli-
7 tion, dismantlement, or confiscation, in whole or in part, of private
8 Israeli land or residential, business, social, or public structures or
9 infrastructure, inhabited or uninhabited, including but not limited to
10 homes, apartment buildings, retail shops, food markets, animal shelters,
11 walls, warehouses, water pipes, water storage facilities, sewage
12 systems, electrical lines, roads, medical facilities, and network facil-
13 ities.
14 (2) "Protected persons" includes civilians in Israel in accordance
15 with international humanitarian law.
16 (b) Unauthorized support of Hamas and the unauthorized support of
17 nations known to fund middle-eastern terrorist group activity prohibit-
18 ed. Unauthorized support of Hamas and the unauthorized support of
19 nations known to fund middle-eastern terrorist group activity by a not-
20 for-profit corporation shall be prohibited as against public policy and
21 inconsistent with any charitable purpose.
22 (c) Recovery of civil penalty by attorney general. The attorney gener-
23 al may bring an action in the name and on behalf of the state against
24 any trustee, director, manager, or other officer or agent of a not-for-
25 profit corporation, or against a not-for-profit corporation, foreign or
26 domestic, to recover a sum of not less than one million dollars for
27 knowingly engaging in unauthorized support of Hamas and the unauthorized
28 support of nations known to fund middle-eastern terrorist group activ-
29 ities in violation of paragraph (b) of this section. Such action shall
30 be brought no later than ten years after the commission of the act upon
31 which such action is based.
32 (d) Private right of action. An individual damaged by a violation of
33 this section may bring a civil action against any trustee, director,
34 manager, or other officer or agent of a not-for-profit corporation, or
35 against a not-for-profit corporation, foreign or domestic, to enjoin
36 unauthorized support of Hamas and the unauthorized support of nations
37 known to fund middle-eastern terrorist group activities by a not-for-
38 profit corporation in violation of paragraph (b) of this section and
39 recover actual damages for knowingly engaging in such violations. Such
40 action shall be brought no later than ten years after the commission of
41 the act upon which such action is based. A court may also award attor-
42 neys' fees to a prevailing plaintiff.
43 § 3. Subparagraph 3-b of paragraph (a) of section 102 of the not-for-
44 profit corporation law, as amended by chapter 23 of the laws of 2014, is
45 amended to read as follows:
46 (3-b) "Charitable purposes" of a corporation means one or more of the
47 following purposes: charitable, educational, religious, scientific,
48 literary, cultural or for the prevention of cruelty to children or
49 animals. The term "charitable purposes" shall not include any acts
50 committed in violation of section one hundred sixteen of this article.
51 § 4. Paragraph (a) of section 112 of the not-for-profit corporation
52 law is amended by adding a new subparagraph 11 to read as follows:
53 (11) To dissolve a charitable corporation for violations of section
54 one hundred sixteen of this article.
55 § 5. This act shall take effect immediately.
