Senate Bill S988

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   988

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 22, 2009
                               ___________

Introduced  by  Sen.  KRUGER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance

AN ACT to amend the executive law, in relation to prohibiting the  state
  and  certain public benefit corporations from providing any funding or
  assistance to any entity that provides any support, material or other-
  wise, to the terrorist  organizations  Hamas,  Hezbollah,  or  Islamic
  Jihad  and  prohibiting  contracts  with  entities that fund or assist
  Hamas, Hezbollah, or Islamic Jihad

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Declaration of legislative findings and intent. The state
is concerned about the establishment of peace in  the  Middle  East  and
threats  to  the process. The greatest threats to that process stem from
the organizations known as Hamas, Hezbollah, and Islamic Jihad,  one  or
more  of  which  have  been linked to terrorist activities in the United
States as well. Substantial funds  from  the  United  States  have  been
transferred  to areas in the Middle East, and terrorist organizations in
this area have received and made expenditures of such funds. One way  to
minimize  support  to terrorist organizations throughout the Middle East
is to prohibit the payment of state funds and deny  state  contracts  to
any  entity that provides assistance of any kind to Hamas, Hezbollah, or
Islamic Jihad.
  S 2. The executive law is amended by adding a  new  section  161-a  to
read as follows:
  S 161-A. PROHIBITING THE STATE AND CERTAIN PUBLIC BENEFIT CORPORATIONS
FROM  PROVIDING FINANCIAL ASSISTANCE TO OR ENTERING INTO A CONTRACT WITH
HAMAS, HEZBOLLAH, OR ISLAMIC  JIHAD.  NOTWITHSTANDING  ANY  INCONSISTENT
PROVISIONS  OF  ANY  GENERAL  OR  SPECIAL LAW OR RESOLUTION, NEITHER THE
STATE NOR ANY STATE AGENCY (MEANING (I) ANY STATE  DEPARTMENT,  OR  (II)
ANY  DIVISION,  BOARD, COMMISSION, OR BUREAU OF ANY STATE DEPARTMENT, OR
(III) THE STATE UNIVERSITY OF NEW YORK AND THE CITY  UNIVERSITY  OF  NEW

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06299-01-9
              

S. 988                              2

YORK,  INCLUDING  ALL THEIR CONSTITUENT UNITS, EXCEPT COMMUNITY COLLEGES
AND  THE  INDEPENDENT  INSTITUTIONS  OPERATING  STATUTORY  OR   CONTRACT
COLLEGES  ON  BEHALF  OF THE STATE, OR (IV) A BOARD, A MAJORITY OF WHOSE
MEMBERS  ARE  APPOINTED  BY THE GOVERNOR OR WHO SERVE BY VIRTUE OF BEING
STATE OFFICERS OR EMPLOYEES AS DEFINED  IN  SUBPARAGRAPH  (I),  (II)  OR
(III)  OF  PARAGRAPH  (I) OF SUBDIVISION ONE OF SECTION SEVENTY-THREE OF
THE PUBLIC OFFICERS LAW, OR (V) ANY PUBLIC AUTHORITY, OTHER THAN  MULTI-
STATE  AUTHORITIES,  PUBLIC BENEFIT CORPORATION, AND COMMISSION AT LEAST
ONE OF WHOSE MEMBERS IS APPOINTED BY THE GOVERNOR), NOR THE  LEGISLATIVE
AND  JUDICIAL BRANCHES OF GOVERNMENT, NOR ANY FUND OF ANY OF THE FOREGO-
ING, NOR ANY OFFICER OF ANY OF THE FOREGOING, SHALL:
  1. USE ITS MONIES TO PAY ANY INDIVIDUAL, CORPORATION, ORGANIZATION, OR
GOVERNMENT THAT  SENDS,  CONVEYS,  SOLICITS,  DISTRIBUTES,  OR  CHANNELS
FUNDS, MATERIAL SUPPORT, OR RESOURCES, EITHER DIRECTLY OR INDIRECTLY, TO
THE  TERRORIST  ORGANIZATIONS  HAMAS,  HEZBOLLAH, OR ISLAMIC JIHAD, OR A
REPRESENTATIVE OF SUCH TERRORIST ORGANIZATIONS; OR
  2. CONTRACT FOR THE SUPPLY OF GOODS, SERVICES,  OR  CONSTRUCTION  WITH
ANY  CONTRACTOR  WHO  DOES  NOT AGREE TO STIPULATE TO THE FOLLOWING AS A
MATERIAL CONDITION OF THE CONTRACT: THE CONTRACTOR,  ANY  FRANCHISER  OF
THE  CONTRACTOR,  AND ANY SUBCONTRACTOR TO BE EMPLOYED BY THE CONTRACTOR
SHALL NOT SEND, CONVEY, SOLICIT, DISTRIBUTE, OR CHANNEL FUNDS,  MATERIAL
SUPPORT,  OR  RESOURCES TO THE TERRORIST ORGANIZATIONS HAMAS, HEZBOLLAH,
OR ISLAMIC JIHAD, OR A REPRESENTATIVE OF SUCH  TERRORIST  ORGANIZATIONS.
ADDITIONALLY,  ANY  CONTRACTOR,  FRANCHISER  OF  THE CONTRACTOR, AND ANY
SUBCONTRACTOR TO BE EMPLOYED BY THE CONTRACTOR SHALL CERTIFY THAT IT  IS
IN COMPLIANCE WITH THE REQUIREMENTS OF THIS SECTION.  SUCH CERTIFICATION
SHALL  BE FILED WITH THE STATE GOVERNMENTAL CONTRACTING PARTY AND MADE A
PART OF ITS CONTRACT FILE.
  3. UPON RECEIVING INFORMATION THAT A CONTRACTOR WHO HAS MADE THE STIP-
ULATION AND CERTIFICATION REQUIRED BY THIS SECTION IS IN VIOLATION THER-
EOF, THE STATE GOVERNMENTAL CONTRACTING PARTY SHALL REVIEW SUCH INFORMA-
TION AND OFFER THE CONTRACTOR AN OPPORTUNITY TO RESPOND.  IF  THE  STATE
GOVERNMENTAL  CONTRACTING  PARTY FINDS THAT A VIOLATION HAS OCCURRED, IT
SHALL TAKE SUCH ACTION AS MAY BE APPROPRIATE AND PROVIDED  FOR  BY  LAW,
RULE,  OR REGULATION, OR CONTRACT, INCLUDING, BUT NOT LIMITED TO, IMPOS-
ING SANCTIONS, SEEKING COMPLIANCE,  RECOVERING  DAMAGES,  DECLARING  THE
CONTRACTOR  IN  DEFAULT,  AND  SEEKING  DEBARMENT  OR  SUSPENSION OF THE
CONTRACTOR.
  S 3. If any provision of this act or the application thereof  is  held
invalid,  the remainder of this act and the application thereof to other
persons or circumstances shall not be affected by such holding and shall
remain in full force and effect.
  S 4. This act shall take effect immediately.