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A09036 Summary:

COSPNSRLavine, Simanowitz, Cymbrowitz, Mosley, Rivera, Braunstein, Cook, Paulin, Weprin, Hevesi, Colton
MLTSPNSRAbbate, Crouch, Curran, Englebright, Hikind, McDonough, Murray, Thiele
Add 165-b, St Fin L; add 423-d, R & SS L
Relates to purchasing restrictions and persons boycotting American allies.
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A09036 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
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.
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