NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9036
SPONSOR: Weinstein
 
TITLE OF BILL: An act to amend the state finance law and the retire-
ment and social security law, in relation to purchasing restrictions
 
PURPOSE OF BILL: This bill would prohibit state contracting with, and
state investment in, persons and businesses that promote or engage in
activities to boycott American allied nations.
 
SUMMARY OF PROVISIONS OF BILL: Presently, section 139 - H of the
state finance law prohibits the state of New York from participating in
an international boycott against American allied nations. Section 6-114
of the Administrative code for the City of New York, provides a similar
restriction from New York City.
This bill would extend these provisions, by adding a new section 165-b
of the state finance law, and a new section 423-d of the retirement and
social security law, to prohibit state contracting with, and state
investment in, persons and businesses that promote or engage in activ-
ities to boycott American allied nations.
More specifically, this bill would also expressly define the terms
"Allied nation", "Boycott" and "Person". Allied nations under this bill
(as specified by the United States Department of State) would include
all NATO countries, Ireland, Israel, Japan, the Republic of Korea (South
Korea), and all signatory countries of the Southeast Asia (1954) and Rio
(1947) Treaties.
 
JUSTIFICATION: Current law recognizes that boycott behavior can seri-
ously harm the state, its interests and its citizens. Such is why the
state and City of New York are presently expressly prohibited from
engaging in international boycotts.
Recent events have highlighted the need to extend current law to include
state contractors and investment. Since the original law was enacted, a
new movement has arisen, commonly known as BDS (Boycott, Divest and
Sanctions), whereby questionably motivated extremists, engage in, and
promote, discriminatory policy against American allied nations. This
behavior not only hurts the state, its interests and its citizens, but
seeks to advance anti-semitisic, anti-freedom and anti-capitalism prin-
ciples.
Several other states, including Illinois, New Jersey and South Carolina,
have also taken action to address this harmful activity. Like New York,
they have extended their laws to prevent their states from becoming
unwilling participants in these unseemly activities through the
misguided actions of their state contractors and investees. Accordingly,
like those other states, this bill would not abridge any element of free
speech, but would merely prevent the state of New York from being
dragged into a discriminatory agenda directed by those who seek to
advance principles that are antithetical to our state, its constitution
and its citizens.
 
LEGISLATIVE HISTORY: New bill, 2016.
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.
 
EFFECTIVE DATE: Immediately.