S06086 Summary:
BILL NO | S06086 |
  | |
SAME AS | No Same As |
  | |
SPONSOR | GIANARIS |
  | |
COSPNSR | GOLDEN, AVELLA |
  | |
MLTSPNSR | |
  | |
Add S165-b, St Fin L; add S423-d, R & SS L | |
  | |
Relates to purchasing restrictions on persons boycotting Israel and the investment of certain public funds in companies boycotting Israel; requires the commissioner of general services to compile a list of companies boycotting Israel and establishes that such companies will be considered non-responsive bidders. |
S06086 Actions:
BILL NO | S06086 | |||||||||||||||||||||||||||||||||||||||||||||||||
  | ||||||||||||||||||||||||||||||||||||||||||||||||||
11/06/2015 | REFERRED TO RULES | |||||||||||||||||||||||||||||||||||||||||||||||||
01/06/2016 | REFERRED TO FINANCE | |||||||||||||||||||||||||||||||||||||||||||||||||
03/03/2016 | NOTICE OF COMMITTEE CONSIDERATION - REQUESTED |
S06086 Committee Votes:
Go to topS06086 Floor Votes:
There are no votes for this bill in this legislative session.
Go to topS06086 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 6086 2015-2016 Regular Sessions IN SENATE November 6, 2015 ___________ Introduced by Sen. GIANARIS -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the state finance law, in relation to purchasing restrictions on persons boycotting Israel; and to amend the retirement and social security law, in relation to the investment of certain public funds in companies boycotting Israel The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The state finance law is amended by adding a new section 2 165-b to read as follows: 3 § 165-b. Purchasing restrictions; persons boycotting Israel. 1. As 4 used in this section, the following definitions shall apply: 5 (a) "Boycott Israel" or "boycott activities" means engaging in actions 6 that are politically motivated and are intended to penalize, inflict 7 economic harm on, or otherwise limit commercial relations with the State 8 of Israel or companies based in the State of Israel or in territories 9 controlled by the State of Israel. 10 (b) "Person" means: 11 (i) A natural person, corporation, company, limited liability company, 12 business association, partnership, society, trust, or any other nongov- 13 ernmental entity, organization, or group. 14 (ii) Any successor, subunit, parent entity, or subsidiary of, or any 15 entity under common ownership or control with, any entity described in 16 subparagraph one of this paragraph. 17 2. (a) A person that is identified on a list created pursuant to para- 18 graph (b) of this subdivision as a person that boycotts Israel as 19 described in subdivision one of this section, shall not be deemed a 20 responsive bidder or offerer pursuant to section one hundred sixty-three 21 of this article. 22 (b) (i) Not later than one hundred twenty days after the effective 23 date of this section, the commissioner shall develop or contract to EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11575-02-5S. 6086 2 1 develop, using credible information available to the public, a list of 2 persons it determines boycotts Israel as described in subdivision one of 3 this section. If the commissioner has contracted to develop the list, 4 the list shall be finally developed not later than one hundred twenty 5 days after this section shall take effect. Such list, when completed, 6 shall be posted on the website of the office of general services. 7 (ii) The commissioner shall update the list every one hundred eighty 8 days. 9 (iii) Before finalizing an initial list pursuant to subparagraph (i) 10 of this paragraph or an updated list pursuant to subparagraph (ii) of 11 this paragraph, the commissioner shall do all of the following before a 12 person is included on the list: 13 (1) Provide ninety days' written notice of the commissioner's intent 14 to include the person on the list. The notice shall inform the person 15 that inclusion on the list would make the person a non-responsive bidder 16 or offerer. The notice shall specify that the person, if it ceases its 17 boycott activities as described in subdivision one of this section, may 18 be removed from the list. 19 (2) The commissioner shall provide a person with an opportunity to 20 comment in writing that it is not engaged in boycotting Israel. If the 21 person demonstrates to the commissioner that the person is not engaged 22 in such boycott activities as described in subdivision one of this 23 section, the person shall not be included on the list. 24 (3) The commissioner shall make every effort to avoid erroneously 25 including a person on the list. 26 (c) Notwithstanding paragraph (a) of this subdivision, a state agency 27 may permit a person boycotting Israel as described by subdivision one of 28 this section to be deemed a responsive bidder or offerer, on a case-by- 29 case basis with a state agency if: 30 (i) The boycott activities were made before the effective date of this 31 section, such activities have not been expanded or renewed after the 32 effective date of this section, and the person has adopted, publicized, 33 and is implementing a formal plan to cease such activities and to 34 refrain from engaging in any new boycott activities; or 35 (ii) The state agency makes a determination that the commodities or 36 services are necessary for the state agency to perform its functions and 37 that, absent such an exemption, the state agency would be unable to 38 obtain the commodities or services for which the contract is offered. 39 Such determination shall be entered into the procurement record. 40 3. (a) A state agency shall require a person that submits a bid or 41 offer in response to a notice of procurement, or that proposes to renew 42 an existing procurement contract with a state agency or proposes to 43 assume the responsibility of a contractor pursuant to a procurement 44 contract with a state agency or otherwise proposes to enter into a 45 contract with a state agency with respect to a contract for commodities, 46 services, construction, or contracts entered pursuant to section eight 47 of the public buildings law or section thirty-eight of the highway law, 48 to certify, at the time the bid is submitted or the contract is renewed 49 or assigned, that the person or the assignee is not identified on a list 50 created pursuant to paragraph (b) of subdivision two of this section. A 51 state agency shall include certification information in the procurement 52 record. 53 (b) A person that submits a bid or offer in response to a notice of 54 procurement or that proposes to renew an existing procurement contract 55 with a state agency or proposes to assume the responsibility of a 56 contractor pursuant to a procurement contract with a state agency, orS. 6086 3 1 otherwise proposes to enter into a contract with a state agency with 2 respect to a contract for commodities, services, construction, or 3 contracts entered pursuant to section eight of the public buildings law 4 or section thirty-eight of the highway law shall not utilize, on the 5 contract with the state agency, any subcontractor that is identified on 6 a list created pursuant to paragraph (b) of subdivision two of this 7 section. 8 4. Upon receiving information that a person who has made the certif- 9 ication required by subdivision three of this section is in violation 10 thereof, the state agency shall review such information and offer the 11 person an opportunity to respond. If the person fails to demonstrate 12 that it has ceased its boycott activities which are in violation of this 13 act within ninety days after the determination of such violation, then 14 the state agency shall take such action as may be appropriate and 15 provided for by law, rule or contract, including, but not limited to, 16 imposing sanctions, seeking compliance, recovering damages or declaring 17 the contractor in default. 18 5. The commissioner shall report to the governor and the legislature 19 annually on or before October first, on the status of this section and 20 any rules or regulations adopted thereunder. 21 § 2. The retirement and social security law is amended by adding a new 22 section 423-d to read as follows: 23 § 423-d. Investment of certain public funds in companies boycotting 24 Israel. 1. For purposes of this section, "boycott Israel" means engaging 25 in actions that are politically motivated and are intended to penalize, 26 inflict economic harm on, or otherwise limit commercial relations with 27 the State of Israel or companies based in the State of Israel or in 28 territories controlled by the State of Israel. 29 2. On and after the effective date of this section, no moneys or 30 assets of the common retirement fund shall be invested in the stocks, 31 securities or other obligations of any institution or company boycotting 32 Israel. Notwithstanding any provision of law to the contrary, no assets 33 of any pension or annuity fund under the jurisdiction of the comp- 34 troller, shall be invested in any bank or financial institution which 35 directly or through a subsidiary boycotts Israel and no such assets 36 shall be invested in the stocks, securities or other obligations of any 37 company which directly or through a subsidiary boycotts Israel. 38 3. The comptroller shall take appropriate action to sell, redeem, 39 divest or withdraw any investment held in violation of the provisions of 40 this section. This section shall not be construed to require the prema- 41 ture or otherwise imprudent sale, redemption, divestment or withdrawal 42 of an investment, but such sale, redemption, divestment or withdrawal 43 shall be completed no later than three years following the effective 44 date of this section. 45 4. Within sixty days after the effective date of this section, the 46 comptroller shall file with the legislature a report of all investments 47 held as of the effective date of this section which are in violation of 48 the provisions of this section. Every year thereafter, the comptroller 49 shall report on all investments sold, redeemed, divested or withdrawn in 50 compliance with this section. Each report after the initial report shall 51 provide a description of the progress which the comptroller has made 52 since the previous report and since the effective date of this section. 53 § 3. This act shall take effect immediately.