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A06101 Summary:

BILL NOA06101
 
SAME ASSAME AS S00606
 
SPONSORMamdani
 
COSPNSRShrestha, Forrest, Mitaynes, Gallagher
 
MLTSPNSR
 
Add §116, amd §§102 & 112, N-PC L
 
Establishes the "Not on our dime!: Ending New York funding of Israeli settler violence act" to prohibit not-for-profit corporations from engaging in unauthorized support of Israeli settlement activity; allows for recovery of a civil penalty by the state attorney general; creates a private right of action for violations.
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A06101 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6101
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 26, 2025
                                       ___________
 
        Introduced  by  M. of A. MAMDANI, SHRESTHA, FORREST, MITAYNES, GALLAGHER
          -- read once and referred to the Committee on  Corporations,  Authori-
          ties and Commissions
 
        AN  ACT  to  amend  the  not-for-profit  corporation law, in relation to
          establishing the "Not on our dime!: Ending New York funding of Israeli
          settler violence act" to  prohibit  not-for-profit  corporations  from
          engaging in unauthorized support of Israeli settlement 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  dime!:  Ending  New  York funding of Israeli settler
     3  violence act".
     4    § 2. The not-for-profit corporation law is amended  by  adding  a  new
     5  section 116 to read as follows:
     6  § 116. Unauthorized support of Israeli settlement 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 Israeli settlement activity" means aiding
    11  and  abetting  activity  by  the Israeli armed forces, the government of
    12  Israel, or citizen thereof, that is illegal pursuant to the Rome Statute
    13  of the International Criminal Court or under any  of  the  international
    14  treaties  signed at Geneva on the twelfth day of August, nineteen forty-
    15  nine, as amended, or any protocol to such convention to which the United
    16  States is a party, including:
    17    (i) the unlawful transfer of Israeli civilians into occupied  territo-
    18  ry;
    19    (ii)  acts of violence committed by Israeli citizens against protected
    20  persons living in occupied territory, including but not limited to homi-
    21  cide, assault, and other acts of physical  violence;  use  of  firearms,
    22  explosives,  or  other  deadly force; the killing or harming of animals,
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00247-01-5

        A. 6101                             2
 
     1  livestock, trees, or crops; the destruction,  damage,  or  vandalism  of
     2  Palestinian property; or blocking access to Palestinian lands by fencing
     3  off land, erecting structures, or other means;
     4    (iii)  the  forced  transfer  or  eviction of protected persons within
     5  occupied territory, or the deportation of protected persons  from  occu-
     6  pied territory;
     7    (iv)  the  unilateral  acquisition  and annexation of land in occupied
     8  territory; and/or
     9    (v) the appropriation, expropriation,  seizure,  destruction,  demoli-
    10  tion,  dismantlement,  or  confiscation, in whole or in part, of private
    11  Palestinian land or residential, business, social, or public  structures
    12  or  infrastructure,  inhabited or uninhabited, including but not limited
    13  to homes, apartment buildings, retail shops, food markets, animal  shel-
    14  ters,  walls,  warehouses, water pipes, water storage facilities, sewage
    15  systems, electrical lines, roads, medical facilities, and network facil-
    16  ities.
    17    (2) "Occupied territory" means the Israeli-occupied West Bank, includ-
    18  ing East Jerusalem and the Gaza Strip.
    19    (3) "Protected persons" includes civilians in  occupied  territory  in
    20  accordance with international humanitarian law.
    21    (b)  Unauthorized  support  of Israeli settlement activity prohibited.
    22  Unauthorized support of Israeli settlement activity by a  not-for-profit
    23  corporation  shall be prohibited as against public policy and inconsist-
    24  ent with any charitable purpose.
    25    (c) Recovery of civil penalty by attorney general. The attorney gener-
    26  al may bring an action in the name and on behalf of  the  state  against
    27  any  trustee, director, manager, or other officer or agent of a not-for-
    28  profit corporation, or against a not-for-profit corporation, foreign  or
    29  domestic,  to  recover  a  sum  of not less than one million dollars for
    30  knowingly engaging in unauthorized support of Israeli settlement  activ-
    31  ities  in violation of paragraph (b) of this section.  Such action shall
    32  be brought no later than ten years after the commission of the act  upon
    33  which such action is based.
    34    (d)  Private  right of action. An individual damaged by a violation of
    35  this section may bring a civil action  against  any  trustee,  director,
    36  manager,  or  other officer or agent of a not-for-profit corporation, or
    37  against a not-for-profit corporation, foreign  or  domestic,  to  enjoin
    38  unauthorized  support of Israeli settlement activities by a not-for-pro-
    39  fit corporation in violation  of  paragraph  (b)  of  this  section  and
    40  recover  actual  damages for knowingly engaging in such violations. Such
    41  action shall be brought no later than ten years after the commission  of
    42  the  act  upon which such action is based. A court may also award attor-
    43  neys' fees to a prevailing plaintiff.
    44    § 3. Subparagraph 3-b of paragraph (a) of section 102 of the  not-for-
    45  profit corporation law, as amended by chapter 23 of the laws of 2014, is
    46  amended to read as follows:
    47    (3-b)  "Charitable purposes" of a corporation means one or more of the
    48  following  purposes:  charitable,  educational,  religious,  scientific,
    49  literary,  cultural  or  for  the  prevention  of cruelty to children or
    50  animals. The term "charitable  purposes"  shall  not  include  any  acts
    51  committed in violation of section one hundred sixteen of this article.
    52    §  4.  Paragraph  (a) of section 112 of the not-for-profit corporation
    53  law is amended by adding a new subparagraph 11 to read as follows:
    54    (11) To dissolve a charitable corporation for  violations  of  section
    55  one hundred sixteen of this article.
    56    § 5. This act shall take effect immediately.
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