NY State Senate Bill S6378A

Archive: Last Bill Status - Passed Senate

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

view actions (6)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 20, 2016	referred to governmental operations delivered to assembly passed senate
Jan 12, 2016	amended on third reading 6378a
Jan 11, 2016	ordered to third reading cal.9
Jan 08, 2016	referred to rules

Votes

Bill Amendments

Original

A (Active)

Original

A (Active)

Co-Sponsors

S6378 - Details

See Assembly Version of this Bill:: A9036
Law Section:: State Finance Law
Laws Affected:: Add §165-b, St Fin L; add §423-d, R & SS L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S2492
2019-2020: S5824
2021-2022: S3713
2023-2024: S1528

S6378 - Summary

Relates to purchasing restrictions and persons boycotting American allies.

S6378 - Sponsor Memo

 BILL NUMBER:  S6378

 TITLE OF BILL :  An act to amend the state finance law and the
retirement and social security law, in relation to purchasing
restrictions

 PURPOSE OR GENERAL IDEA 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 SPECIFIC PROVISIONS :

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
activities 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
and Rio Treaties.

 JUSTIFICATION :

Current law recognizes that boycott behavior can seriously 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 principles.

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.

 PRIOR LEGISLATIVE HISTORY :

This is a new bill.

 FISCAL IMPLICATIONS :

None noted.

 EFFECTIVE DATE :
This act would take effect immediately.

S6378 - Bill Text download pdf

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

                                  6378

                            I N  S E N A T E

                             January 8, 2016
                               ___________

Introduced  by  Sens.  MARTINS, FELDER, FARLEY -- read twice and ordered
  printed, and when printed to be committed to the Committee on Rules

AN ACT to amend the state finance law  and  the  retirement  and  social
  security law, in relation to purchasing restrictions

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

  Section 1. The state finance law is amended by adding  a  new  section
165-b to read as follows:
  S  165-B. PURCHASING RESTRICTIONS; PERSONS BOYCOTTING CERTAIN AMERICAN
ALLIES. 1. AS USED IN THIS  SECTION,  THE  FOLLOWING  DEFINITIONS  SHALL
APPLY:
  (A) "ALLIED NATION" SHALL MEAN:
  (I)  ANY  COUNTRY THAT IS A MEMBER OF THE NORTH ATLANTIC TREATY ORGAN-
IZATION;
  (II) ANY COUNTRY THAT IS A SIGNATORY OF THE SOUTHEAST ASIA TREATY;
  (III) ANY COUNTRY, OTHER THAN VENEZUELA, THAT IS A  SIGNATORY  OF  THE
RIO TREATY;
  (IV) IRELAND;
  (V) ISRAEL;
  (VI) JAPAN; AND/OR
  (VII) THE REPUBLIC OF KOREA.
  (B)  "BOYCOTT"  SHALL MEAN TO ENGAGE IN ANY ACTIVITY, OR TO PROMOTE OR
ENCOURAGE OTHERS TO ENGAGE IN ANY ACTIVITY,  THAT  WILL  RESULT  IN  ANY
PERSON  ABSTAINING  FROM COMMERCIAL, SOCIAL OR POLITICAL RELATIONS, WITH
ANY ALLIED NATION, OR COMPANIES BASED IN AN ALLIED NATION OR IN TERRITO-
RIES CONTROLLED BY AN  ALLIED  NATION,  WITH  THE  INTENT  TO  PENALIZE,
INFLICT,  OR CAUSE HARM TO, OR OTHERWISE PROMOTE OR CAST DISREPUTE UPON,
SUCH ALLIED NATION, ITS PEOPLE OR ITS COMMERCIAL PRODUCTS.
  (C) "PERSON" SHALL  MEAN  ANY  NATURAL  PERSON,  CORPORATION,  LIMITED
LIABILITY  COMPANY,  UNINCORPORATED  ASSOCIATION OR ANY OTHER NONGOVERN-
MENTAL ENTITY,  ORGANIZATION,  OR  GROUP,  OR  ANY  SUCCESSOR,  SUBUNIT,
PARENT, OR SUBSIDIARY OF THE SAME.
  2.  (A)  ANY  PERSON  THAT IS IDENTIFIED ON A LIST CREATED PURSUANT TO
PARAGRAPH (B) OF THIS SUBDIVISION AS A PERSON THAT BOYCOTTS, AS  DEFINED

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

                                                           LBD13566-03-6

S. 6378                             2

IN  PARAGRAPH (B) OF SUBDIVISION ONE OF THIS SECTION, ANY ALLIED NATION,
AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION ONE OF  THIS  SECTION,  SHALL
NOT  BE  DEEMED  A RESPONSIVE BIDDER OR OFFERER, PURSUANT TO SECTION ONE
HUNDRED SIXTY-THREE OF THIS ARTICLE.
  (B)  NOT  LATER  THAN  NINETY  DAYS  AFTER  THE EFFECTIVE DATE OF THIS
SECTION, AND THEN ANNUALLY THEREAFTER, THE  COMMISSIONER  SHALL  DEVELOP
AND  PUBLISH, USING CREDIBLE INFORMATION AVAILABLE TO THE PUBLIC, A LIST
OF PERSONS DETERMINED BY THE COMMISSIONER,  THAT  HAVE  ENGAGED  IN  THE
BOYCOTTING   OF  ANY  ALLIED  NATION.  SUCH  LIST,  WHEN  DEVELOPED  AND
PUBLISHED, SHALL BE POSTED ON THE  WEBSITE  OF  THE  OFFICE  OF  GENERAL
SERVICES.
  (C)  IN THE EVENT A PERSON INCLUDED BY THE COMMISSIONER ON THE LIST TO
BE DEVELOPED AND PUBLISHED IN ACCORDANCE  WITH  PARAGRAPH  (B)  OF  THIS
SUBDIVISION,  DEMONSTRATES  TO  THE  COMMISSIONER  THAT  SUCH PERSON HAS
PERMANENTLY CEASED THEIR BOYCOTTING OF ANY ALLIED NATION, OR  OBTAINS  A
COURT  ORDER FROM A SUPREME COURT THAT SUCH PERSON SHALL BE REMOVED FROM
SUCH LIST DUE TO THE COURT'S DETERMINATION THAT SUCH PERSON  HAS  PERMA-
NENTLY  CEASED  THEIR  BOYCOTTING OF ANY ALLIED NATION, THEN THE COMMIS-
SIONER SHALL  REMOVE  SUCH  PERSON  FROM  SUCH  LIST  SO  DEVELOPED  AND
PUBLISHED IN ACCORDANCE WITH PARAGRAPH (B) OF THIS SUBDIVISION.
  (D)  PRIOR  TO  THE  FINAL  DEVELOPMENT  AND  PUBLICATION  OF THE LIST
REQUIRED TO BE PRODUCED PURSUANT TO PARAGRAPH (B) OF  THIS  SUBDIVISION,
THE  COMMISSIONER  SHALL  PROVIDE  WRITTEN  NOTICE  OF ALL PERSONS TO BE
INCLUDED ON THE LIST, OF THE COMMISSIONER'S INTENT TO  SO  INCLUDE  SUCH
PERSON  ON SUCH LIST, TOGETHER WITH WRITTEN NOTICE INFORMING SUCH PERSON
THAT INCLUSION ON SUCH LIST WOULD  MAKE  SUCH  PERSON  A  NON-RESPONSIVE
BIDDER  OR  OFFERER, AND THAT SUCH PERSON MAY APPLY TO THE COMMISSIONER,
OR TO A SUPREME COURT, TO BE REMOVED FROM  SUCH  LIST  PURSUANT  TO  THE
REQUIREMENTS OF PARAGRAPH (C) OF THIS SUBDIVISION.
  (E)  NOTWITHSTANDING PARAGRAPH (A) OF THIS SUBDIVISION, A STATE AGENCY
MAY PERMIT A PERSON PROMOTING OR OTHERWISE TAKING ACTION TO BOYCOTT  ANY
ALLIED  NATION  TO  BE  DEEMED  A  RESPONSIVE  BIDDER  OR  OFFERER, ON A
CASE-BY-CASE BASIS WITH A STATE AGENCY IF:
  (I) THE PROMOTION OR OTHER BOYCOTT ACTION OCCURRED PRIOR TO THE EFFEC-
TIVE DATE OF THIS SECTION, SUCH ACTIVITIES HAVE  NOT  BEEN  EXPANDED  OR
RENEWED  AFTER  THE  EFFECTIVE  DATE OF THIS SECTION, AND THE PERSON HAS
ADOPTED, PUBLICIZED, AND IS IMPLEMENTING A  FORMAL  PLAN  TO  CEASE  ALL
BOYCOTTING  OF ANY ALLIED NATION AND TO REFRAIN FROM ENGAGING IN ANY NEW
BOYCOTT OF ANY ALLIED NATION; OR
  (II) THE STATE AGENCY MAKES A FORMAL, WRITTEN DETERMINATION  THAT  THE
COMMODITIES  OR  SERVICES  OFFERED  BY  THE  PERSON  NAMED  ON THIS LIST
PRODUCED BY THE COMMISSIONER PURSUANT TO PARAGRAPH (B) OF THIS  SUBDIVI-
SION,  ARE  NECESSARY  FOR THE STATE AGENCY TO PERFORM ITS FUNCTIONS AND
THAT, ABSENT SUCH AN EXEMPTION, THE STATE  AGENCY  WOULD  BE  UNABLE  TO
OBTAIN THE COMMODITIES OR SERVICES FOR WHICH THE CONTRACT IS OFFERED.
  3.  (A)  A STATE AGENCY SHALL REQUIRE ALL PERSONS THAT SUBMIT A BID OR
OFFER IN RESPONSE TO A NOTICE OF PROCUREMENT, OR THAT PROPOSE  TO  RENEW
AN  EXISTING PROCUREMENT CONTRACT, OR THAT PROPOSE TO ASSUME THE RESPON-
SIBILITY OF A CONTRACTOR PURSUANT TO A PROCUREMENT CONTRACT,  OR  OTHER-
WISE  PROPOSE  TO ENTER INTO A CONTRACT WITH A STATE AGENCY WITH RESPECT
TO A CONTRACT FOR  COMMODITIES,  SERVICES,  CONSTRUCTION,  OR  CONTRACTS
ENTERED  INTO  PURSUANT  TO SECTION EIGHT OF THE PUBLIC BUILDINGS LAW OR
SECTION THIRTY-EIGHT OF THE HIGHWAY LAW, TO CERTIFY, AT THE TIME THE BID
IS SUBMITTED, OR THE CONTRACT IS RENEWED OR ASSIGNED, THAT THE PERSON OR
THE ASSIGNEE IS NOT IDENTIFIED  ON  THE  LIST  DEVELOPED  AND  PUBLISHED
PURSUANT  TO  PARAGRAPH  (B) OF SUBDIVISION TWO OF THIS SECTION, AND ALL

S. 6378                             3

STATE AGENCIES SHALL  INCLUDE  SUCH  CERTIFICATION  INFORMATION  IN  THE
PROCUREMENT RECORD.
  (B)  ALL PERSONS THAT SUBMIT A BID OR OFFER IN RESPONSE TO A NOTICE OF
PROCUREMENT, OR THAT PROPOSE TO RENEW AN EXISTING  PROCUREMENT  CONTRACT
WITH  A  STATE AGENCY, OR THAT PROPOSE TO ASSUME THE RESPONSIBILITY OF A
CONTRACTOR PURSUANT TO A PROCUREMENT CONTRACT WITH A  STATE  AGENCY,  OR
OTHERWISE  PROPOSE  TO  ENTER  INTO  A CONTRACT WITH A STATE AGENCY WITH
RESPECT TO  A  CONTRACT  FOR  COMMODITIES,  SERVICES,  CONSTRUCTION,  OR
CONTRACTS ENTERED INTO PURSUANT TO SECTION EIGHT OF THE PUBLIC BUILDINGS
LAW  OR SECTION THIRTY-EIGHT OF THE HIGHWAY LAW, SHALL CERTIFY THAT THEY
HAVE NOT BOYCOTTED ANY ALLIED NATIONS, AND THAT THEY ARE NOT  IDENTIFIED
ON  THE LIST DEVELOPED AND PUBLISHED PURSUANT TO PARAGRAPH (B) OF SUBDI-
VISION TWO OF THIS SECTION.
  4. UPON RECEIVING INFORMATION THAT A PERSON WHO HAS MADE  THE  CERTIF-
ICATION  REQUIRED  BY SUBDIVISION THREE OF THIS SECTION, IS, IN FACT, IN
VIOLATION OF SUCH CERTIFICATION, THE  STATE  AGENCY  SHALL  REVIEW  SUCH
INFORMATION, NOTIFY SUCH PERSON AND OFFER THEM AN OPPORTUNITY TO RESPOND
TO  SUCH  INFORMATION,  WITHIN  THIRTY  DAYS OF SUCH NOTICE, AND IF SUCH
PERSON FAILS TO DEMONSTRATE THAT THEY HAVE CEASED  ANY  BOYCOTT  OF  ANY
ALLIED  NATION,  THEN, THE STATE AGENCY SHALL TAKE SUCH ACTION AS MAY BE
APPROPRIATE AND PROVIDED FOR BY LAW, RULE OR  CONTRACT,  INCLUDING,  BUT
NOT  LIMITED  TO, NOTIFYING THE COMMISSIONER OF SUCH PERSON'S BOYCOTT OR
BOYCOTTS OF ANY AND ALL  ALLIED  NATIONS,  IMPOSING  SANCTIONS,  SEEKING
COMPLIANCE, RECOVERING DAMAGES, AND/OR DECLARING SUCH PERSON IN DEFAULT.
  5.  ON  OR  BEFORE DECEMBER FIFTEENTH, TWO THOUSAND SIXTEEN, AND EVERY
YEAR THEREAFTER, THE COMMISSIONER SHALL ISSUE A REPORT TO THE  GOVERNOR,
THE  COMPTROLLER, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER
OF THE ASSEMBLY, ON ALL THE ACTIONS TAKEN, AND ALL DETERMINATIONS  MADE,
BY  THE  COMMISSIONER PURSUANT TO THIS SECTION, AND ANY AND ALL RULES OR
REGULATIONS ADOPTED.
  S 2. The retirement and social security law is amended by adding a new
section 423-d to read as follows:
  S 423-D. PROHIBITION ON INVESTMENT OF CERTAIN PUBLIC FUNDS IN  PERSONS
BOYCOTTING  CERTAIN  AMERICAN  ALLIES.  1.  AS USED IN THIS SECTION, THE
FOLLOWING DEFINITIONS SHALL APPLY:
  (A) "ALLIED NATION" SHALL MEAN:
  (I) ANY COUNTRY THAT IS A MEMBER OF THE NORTH ATLANTIC  TREATY  ORGAN-
IZATION;
  (II) ANY COUNTRY THAT IS A SIGNATORY OF THE SOUTHEAST ASIA TREATY;
  (III)  ANY  COUNTRY,  OTHER THAN VENEZUELA, THAT IS A SIGNATORY OF THE
RIO TREATY;
  (IV) IRELAND;
  (V) ISRAEL;
  (VI) JAPAN; AND/OR
  (VII) THE REPUBLIC OF KOREA.
  (B) "BOYCOTT" SHALL MEAN TO ENGAGE IN ANY ACTIVITY, OR TO  PROMOTE  OR
ENCOURAGE  OTHERS  TO  ENGAGE  IN  ANY ACTIVITY, THAT WILL RESULT IN ANY
PERSON ABSTAINING FROM COMMERCIAL, SOCIAL OR POLITICAL  RELATIONS,  WITH
ANY ALLIED NATION, OR COMPANIES BASED IN AN ALLIED NATION OR IN TERRITO-
RIES  CONTROLLED  BY  AN  ALLIED  NATION,  WITH  THE INTENT TO PENALIZE,
INFLICT, OR CAUSE HARM TO, OR OTHERWISE PROMOTE OR CAST DISREPUTE  UPON,
SUCH ALLIED NATION, ITS PEOPLE OR ITS COMMERCIAL PRODUCTS.
  (C)  "PERSON"  SHALL  MEAN  ANY  NATURAL  PERSON, CORPORATION, LIMITED
LIABILITY COMPANY, UNINCORPORATED ASSOCIATION OR  ANY  OTHER  NONGOVERN-
MENTAL  ENTITY,  ORGANIZATION,  OR  GROUP,  OR  ANY  SUCCESSOR, SUBUNIT,
PARENT, OR SUBSIDIARY OF THE SAME.

S. 6378                             4

  2. (A) ANY PERSON THAT IS IDENTIFIED ON THE LIST CREATED  PURSUANT  TO
PARAGRAPH  (B) OF SUBDIVISION TWO OF SECTION ONE HUNDRED SIXTY-FIVE-B OF
THE STATE FINANCE LAW, AS BEING A PERSON THAT HAS ENGAGED IN  A  BOYCOTT
OF ANY ALLIED NATION, SHALL NOT BE ELIGIBLE TO RECEIVE INVESTMENT OF ANY
MONEYS OR ASSETS OF THE COMMON RETIREMENT FUND IN ANY STOCKS, SECURITIES
OR OTHER OBLIGATIONS OF SUCH PERSON SO IDENTIFIED ON SUCH LIST DEVELOPED
AND PUBLISHED BY THE COMMISSIONER OF GENERAL SERVICES.
  (B) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, NO ASSETS OF
ANY  PENSION  OR ANNUITY FUND UNDER THE JURISDICTION OF THE COMPTROLLER,
SHALL FURTHER BE INVESTED IN ANY BANK  OR  FINANCIAL  INSTITUTION  WHICH
DIRECTLY,  OR  THROUGH  A PARENT OR SUBSIDIARY BOYCOTTS AN ALLIED NATION
AND NO SUCH ASSETS SHALL OTHERWISE BE INVESTED IN THE STOCKS, SECURITIES
OR OTHER OBLIGATIONS OF ANY PERSON WHICH DIRECTLY, OR THROUGH  A  PARENT
OR SUBSIDIARY ENTITY, BOYCOTTS ANY ALLIED NATION.
  3.  THE  COMPTROLLER  SHALL  TAKE  APPROPRIATE ACTION TO SELL, REDEEM,
DIVEST OR WITHDRAW ANY INVESTMENT HELD IN VIOLATION OF THE PROVISIONS OF
THIS SECTION. THIS SECTION SHALL NOT BE CONSTRUED TO REQUIRE THE  PREMA-
TURE  OR  OTHERWISE IMPRUDENT SALE, REDEMPTION, DIVESTMENT OR WITHDRAWAL
OF AN INVESTMENT, BUT SUCH  SALE,  DIVESTMENT  OR  WITHDRAWAL  SHALL  BE
COMPLETED  NO LATER THAN FIVE YEARS FOLLOWING THE EFFECTIVE DATE OF THIS
SECTION.
  4. ON OR BEFORE DECEMBER FIFTEENTH, TWO THOUSAND  SIXTEEN,  AND  EVERY
YEAR  THEREAFTER,  THE COMPTROLLER SHALL ISSUE A REPORT TO THE GOVERNOR,
THE COMMISSIONER OF GENERAL SERVICES, THE  TEMPORARY  PRESIDENT  OF  THE
SENATE,  AND  THE SPEAKER OF THE ASSEMBLY, ON ALL THE ACTIONS TAKEN, AND
ALL DETERMINATIONS MADE, BY THE COMPTROLLER, PURSUANT TO  THIS  SECTION,
AND ANY AND ALL RULES OR REGULATIONS ADOPTED.
  S 3. This act shall take effect immediately.

Co-Sponsors

S6378A (ACTIVE) - Details

See Assembly Version of this Bill:: A9036
Law Section:: State Finance Law
Laws Affected:: Add §165-b, St Fin L; add §423-d, R & SS L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S2492
2019-2020: S5824
2021-2022: S3713
2023-2024: S1528

S6378A (ACTIVE) - Summary

Relates to purchasing restrictions and persons boycotting American allies.

S6378A (ACTIVE) - Sponsor Memo

 BILL NUMBER:  S6378A

 TITLE OF BILL :  An act to amend the state finance law and the
retirement and social security law, in relation to purchasing
restrictions

 PURPOSE OR GENERAL IDEA 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 SPECIFIC PROVISIONS :  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
activities 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
seriously 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 principles.

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.

 PRIOR LEGISLATIVE HISTORY :  This is a new bill.

 FISCAL IMPLICATIONS :  None noted.

 EFFECTIVE DATE :  This act would take effect immediately.

S6378A (ACTIVE) - Bill Text download pdf

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

                                 6378--A
    Cal. No. 9

                            I N  S E N A T E

                             January 8, 2016
                               ___________

Introduced  by  Sens.  MARTINS,  FELDER, FARLEY, CROCI -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Rules  --  ordered  to a third reading, amended and ordered reprinted,
  retaining its place in the order of third reading

AN ACT to amend the state finance law  and  the  retirement  and  social
  security law, in relation to purchasing restrictions

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

  Section 1. The state finance law is amended by adding  a  new  section
165-b to read as follows:
  S  165-B. PURCHASING RESTRICTIONS; PERSONS BOYCOTTING CERTAIN AMERICAN
ALLIES. 1. AS USED IN THIS  SECTION,  THE  FOLLOWING  DEFINITIONS  SHALL
APPLY:
  (A) "ALLIED NATION" SHALL MEAN:
  (I)  ANY  COUNTRY THAT IS A MEMBER OF THE NORTH ATLANTIC TREATY ORGAN-
IZATION;
  (II) ANY COUNTRY THAT IS A SIGNATORY OF THE SOUTHEAST ASIA  TREATY  OF
1954;
  (III)  ANY  COUNTRY,  OTHER THAN VENEZUELA, THAT IS A SIGNATORY OF THE
RIO TREATY OF 1947;
  (IV) IRELAND;
  (V) ISRAEL;
  (VI) JAPAN; AND/OR
  (VII) THE REPUBLIC OF KOREA.
  (B) "BOYCOTT" SHALL MEAN TO ENGAGE IN ANY ACTIVITY, OR TO  PROMOTE  OR
ENCOURAGE  OTHERS  TO  ENGAGE  IN  ANY ACTIVITY, THAT WILL RESULT IN ANY
PERSON ABSTAINING FROM COMMERCIAL, SOCIAL OR POLITICAL  RELATIONS,  WITH
ANY ALLIED NATION, OR COMPANIES BASED IN AN ALLIED NATION OR IN TERRITO-
RIES  CONTROLLED  BY  AN  ALLIED  NATION,  WITH  THE INTENT TO PENALIZE,
INFLICT, OR CAUSE HARM TO, OR OTHERWISE PROMOTE OR CAST DISREPUTE  UPON,
SUCH ALLIED NATION, ITS PEOPLE OR ITS COMMERCIAL PRODUCTS.
  (C)  "PERSON"  SHALL  MEAN  ANY  NATURAL  PERSON, CORPORATION, LIMITED
LIABILITY COMPANY, UNINCORPORATED ASSOCIATION OR  ANY  OTHER  NONGOVERN-

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

                                                           LBD13566-04-6

S. 6378--A                          2

MENTAL  ENTITY,  ORGANIZATION,  OR  GROUP,  OR  ANY  SUCCESSOR, SUBUNIT,
PARENT, OR SUBSIDIARY OF THE SAME.
  2.  (A)  ANY  PERSON  THAT IS IDENTIFIED ON A LIST CREATED PURSUANT TO
PARAGRAPH (B) OF THIS SUBDIVISION AS A PERSON THAT BOYCOTTS, AS  DEFINED
IN  PARAGRAPH (B) OF SUBDIVISION ONE OF THIS SECTION, ANY ALLIED NATION,
AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION ONE OF  THIS  SECTION,  SHALL
NOT  BE  DEEMED  A RESPONSIVE BIDDER OR OFFERER, PURSUANT TO SECTION ONE
HUNDRED SIXTY-THREE OF THIS ARTICLE.
  (B) NOT LATER THAN NINETY  DAYS  AFTER  THE  EFFECTIVE  DATE  OF  THIS
SECTION,  AND  THEN  ANNUALLY THEREAFTER, THE COMMISSIONER SHALL DEVELOP
AND PUBLISH, USING CREDIBLE INFORMATION AVAILABLE TO THE PUBLIC, A  LIST
OF  PERSONS  DETERMINED  BY  THE  COMMISSIONER, THAT HAVE ENGAGED IN THE
BOYCOTTING OF ANY ALLIED NATION. THE COMMISSIONER SHALL NOT INCLUDE  ANY
PERSON  ON  THE  LIST  REQUIRED  TO BE SO DEVELOPED AND PUBLISHED IF THE
COMMISSIONER DETERMINES THAT  SUCH  PERSON  ENGAGING  IN  BOYCOTTING  AN
ALLIED  NATION,  ENGAGED  IN  SUCH  BOYCOTTING IN ORDER TO COMPLY WITH A
PROVISION OF LAW OF AN ALLIED NATION IN WHICH  SUCH  PERSON  RESIDES  OR
CONDUCTS  BUSINESS OPERATIONS.  SUCH LIST, WHEN DEVELOPED AND PUBLISHED,
SHALL BE POSTED ON THE WEBSITE OF THE OFFICE OF GENERAL SERVICES.
  (C) IN THE EVENT A PERSON INCLUDED BY THE COMMISSIONER ON THE LIST  TO
BE  DEVELOPED  AND  PUBLISHED  IN  ACCORDANCE WITH PARAGRAPH (B) OF THIS
SUBDIVISION, DEMONSTRATES TO  THE  COMMISSIONER  THAT  SUCH  PERSON  HAS
PERMANENTLY  CEASED  THEIR BOYCOTTING OF ANY ALLIED NATION, OR OBTAINS A
COURT ORDER FROM A SUPREME COURT THAT SUCH PERSON SHALL BE REMOVED  FROM
SUCH  LIST  DUE TO THE COURT'S DETERMINATION THAT SUCH PERSON HAS PERMA-
NENTLY CEASED THEIR BOYCOTTING OF ANY ALLIED NATION,  THEN  THE  COMMIS-
SIONER  SHALL  REMOVE  SUCH  PERSON  FROM  SUCH  LIST  SO  DEVELOPED AND
PUBLISHED IN ACCORDANCE WITH PARAGRAPH (B) OF THIS SUBDIVISION.
  (D) PRIOR TO  THE  FINAL  DEVELOPMENT  AND  PUBLICATION  OF  THE  LIST
REQUIRED  TO  BE PRODUCED PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION,
THE COMMISSIONER SHALL PROVIDE WRITTEN  NOTICE  OF  ALL  PERSONS  TO  BE
INCLUDED  ON  THE  LIST, OF THE COMMISSIONER'S INTENT TO SO INCLUDE SUCH
PERSON ON SUCH LIST, TOGETHER WITH WRITTEN NOTICE INFORMING SUCH  PERSON
THAT  INCLUSION  ON  SUCH  LIST  WOULD MAKE SUCH PERSON A NON-RESPONSIVE
BIDDER OR OFFERER, AND THAT SUCH PERSON MAY APPLY TO  THE  COMMISSIONER,
OR  TO  A  SUPREME  COURT,  TO BE REMOVED FROM SUCH LIST PURSUANT TO THE
REQUIREMENTS OF PARAGRAPH (C) OF THIS SUBDIVISION.
  (E) NOTWITHSTANDING PARAGRAPH (A) OF THIS SUBDIVISION, A STATE  AGENCY
MAY  PERMIT A PERSON PROMOTING OR OTHERWISE TAKING ACTION TO BOYCOTT ANY
ALLIED NATION TO  BE  DEEMED  A  RESPONSIVE  BIDDER  OR  OFFERER,  ON  A
CASE-BY-CASE BASIS WITH A STATE AGENCY IF:
  (I) THE PROMOTION OR OTHER BOYCOTT ACTION OCCURRED PRIOR TO THE EFFEC-
TIVE  DATE  OF  THIS  SECTION, SUCH ACTIVITIES HAVE NOT BEEN EXPANDED OR
RENEWED AFTER THE EFFECTIVE DATE OF THIS SECTION,  AND  THE  PERSON  HAS
ADOPTED,  PUBLICIZED,  AND  IS  IMPLEMENTING  A FORMAL PLAN TO CEASE ALL
BOYCOTTING OF ANY ALLIED NATION AND TO REFRAIN FROM ENGAGING IN ANY  NEW
BOYCOTT OF ANY ALLIED NATION; OR
  (II)  THE  STATE AGENCY MAKES A FORMAL, WRITTEN DETERMINATION THAT THE
COMMODITIES OR SERVICES  OFFERED  BY  THE  PERSON  NAMED  ON  THIS  LIST
PRODUCED  BY THE COMMISSIONER PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVI-
SION, ARE NECESSARY FOR THE STATE AGENCY TO PERFORM  ITS  FUNCTIONS  AND
THAT,  ABSENT  SUCH  AN  EXEMPTION,  THE STATE AGENCY WOULD BE UNABLE TO
OBTAIN THE COMMODITIES OR SERVICES FOR WHICH THE CONTRACT IS OFFERED.
  3. (A) A STATE AGENCY SHALL REQUIRE ALL PERSONS THAT SUBMIT A  BID  OR
OFFER  IN  RESPONSE TO A NOTICE OF PROCUREMENT, OR THAT PROPOSE TO RENEW
AN EXISTING PROCUREMENT CONTRACT, OR THAT PROPOSE TO ASSUME THE  RESPON-

S. 6378--A                          3

SIBILITY  OF  A CONTRACTOR PURSUANT TO A PROCUREMENT CONTRACT, OR OTHER-
WISE PROPOSE TO ENTER INTO A CONTRACT WITH A STATE AGENCY  WITH  RESPECT
TO  A  CONTRACT  FOR  COMMODITIES,  SERVICES, CONSTRUCTION, OR CONTRACTS
ENTERED  INTO  PURSUANT  TO SECTION EIGHT OF THE PUBLIC BUILDINGS LAW OR
SECTION THIRTY-EIGHT OF THE HIGHWAY LAW, TO CERTIFY, AT THE TIME THE BID
IS SUBMITTED, OR THE CONTRACT IS RENEWED OR ASSIGNED, THAT THE PERSON OR
THE ASSIGNEE IS NOT IDENTIFIED  ON  THE  LIST  DEVELOPED  AND  PUBLISHED
PURSUANT  TO  PARAGRAPH  (B) OF SUBDIVISION TWO OF THIS SECTION, AND ALL
STATE AGENCIES SHALL  INCLUDE  SUCH  CERTIFICATION  INFORMATION  IN  THE
PROCUREMENT RECORD.
  (B)  ALL PERSONS THAT SUBMIT A BID OR OFFER IN RESPONSE TO A NOTICE OF
PROCUREMENT, OR THAT PROPOSE TO RENEW AN EXISTING  PROCUREMENT  CONTRACT
WITH  A  STATE AGENCY, OR THAT PROPOSE TO ASSUME THE RESPONSIBILITY OF A
CONTRACTOR PURSUANT TO A PROCUREMENT CONTRACT WITH A  STATE  AGENCY,  OR
OTHERWISE  PROPOSE  TO  ENTER  INTO  A CONTRACT WITH A STATE AGENCY WITH
RESPECT TO  A  CONTRACT  FOR  COMMODITIES,  SERVICES,  CONSTRUCTION,  OR
CONTRACTS ENTERED INTO PURSUANT TO SECTION EIGHT OF THE PUBLIC BUILDINGS
LAW  OR SECTION THIRTY-EIGHT OF THE HIGHWAY LAW, SHALL CERTIFY THAT THEY
HAVE NOT BOYCOTTED ANY ALLIED NATIONS, AND THAT THEY ARE NOT  IDENTIFIED
ON  THE LIST DEVELOPED AND PUBLISHED PURSUANT TO PARAGRAPH (B) OF SUBDI-
VISION TWO OF THIS SECTION.
  4. UPON RECEIVING INFORMATION THAT A PERSON WHO HAS MADE  THE  CERTIF-
ICATION  REQUIRED  BY SUBDIVISION THREE OF THIS SECTION, IS, IN FACT, IN
VIOLATION OF SUCH CERTIFICATION, THE  STATE  AGENCY  SHALL  REVIEW  SUCH
INFORMATION, NOTIFY SUCH PERSON AND OFFER THEM AN OPPORTUNITY TO RESPOND
TO  SUCH  INFORMATION,  WITHIN  THIRTY  DAYS OF SUCH NOTICE, AND IF SUCH
PERSON FAILS TO DEMONSTRATE THAT THEY HAVE CEASED  ANY  BOYCOTT  OF  ANY
ALLIED  NATION,  THEN, THE STATE AGENCY SHALL TAKE SUCH ACTION AS MAY BE
APPROPRIATE AND PROVIDED FOR BY LAW, RULE OR  CONTRACT,  INCLUDING,  BUT
NOT  LIMITED  TO, NOTIFYING THE COMMISSIONER OF SUCH PERSON'S BOYCOTT OR
BOYCOTTS OF ANY AND ALL  ALLIED  NATIONS,  IMPOSING  SANCTIONS,  SEEKING
COMPLIANCE, RECOVERING DAMAGES, AND/OR DECLARING SUCH PERSON IN DEFAULT.
  5.  ON  OR  BEFORE DECEMBER FIFTEENTH, TWO THOUSAND SIXTEEN, AND EVERY
YEAR THEREAFTER, THE COMMISSIONER SHALL ISSUE A REPORT TO THE  GOVERNOR,
THE  COMPTROLLER, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER
OF THE ASSEMBLY, ON ALL THE ACTIONS TAKEN, AND ALL DETERMINATIONS  MADE,
BY  THE  COMMISSIONER PURSUANT TO THIS SECTION, AND ANY AND ALL RULES OR
REGULATIONS ADOPTED.
  S 2. The retirement and social security law is amended by adding a new
section 423-d to read as follows:
  S 423-D. PROHIBITION ON INVESTMENT OF CERTAIN PUBLIC FUNDS IN  PERSONS
BOYCOTTING  CERTAIN  AMERICAN  ALLIES.  1.  AS USED IN THIS SECTION, THE
FOLLOWING DEFINITIONS SHALL APPLY:
  (A) "ALLIED NATION" SHALL MEAN:
  (I) ANY COUNTRY THAT IS A MEMBER OF THE NORTH ATLANTIC  TREATY  ORGAN-
IZATION;
  (II) ANY COUNTRY THAT IS A SIGNATORY OF THE SOUTHEAST ASIA TREATY;
  (III)  ANY  COUNTRY,  OTHER THAN VENEZUELA, THAT IS A SIGNATORY OF THE
RIO TREATY;
  (IV) IRELAND;
  (V) ISRAEL;
  (VI) JAPAN; AND/OR
  (VII) THE REPUBLIC OF KOREA.
  (B) "BOYCOTT" SHALL MEAN TO ENGAGE IN ANY ACTIVITY, OR TO  PROMOTE  OR
ENCOURAGE  OTHERS  TO  ENGAGE  IN  ANY ACTIVITY, THAT WILL RESULT IN ANY
PERSON ABSTAINING FROM COMMERCIAL, SOCIAL OR POLITICAL  RELATIONS,  WITH

S. 6378--A                          4

ANY ALLIED NATION, OR COMPANIES BASED IN AN ALLIED NATION OR IN TERRITO-
RIES  CONTROLLED  BY  AN  ALLIED  NATION,  WITH  THE INTENT TO PENALIZE,
INFLICT, OR CAUSE HARM TO, OR OTHERWISE PROMOTE OR CAST DISREPUTE  UPON,
SUCH ALLIED NATION, ITS PEOPLE OR ITS COMMERCIAL PRODUCTS.
  (C)  "PERSON"  SHALL  MEAN  ANY  NATURAL  PERSON, CORPORATION, LIMITED
LIABILITY COMPANY, UNINCORPORATED ASSOCIATION OR  ANY  OTHER  NONGOVERN-
MENTAL  ENTITY,  ORGANIZATION,  OR  GROUP,  OR  ANY  SUCCESSOR, SUBUNIT,
PARENT, OR SUBSIDIARY OF THE SAME.
  2. (A) ANY PERSON THAT IS IDENTIFIED ON THE LIST CREATED  PURSUANT  TO
PARAGRAPH  (B) OF SUBDIVISION TWO OF SECTION ONE HUNDRED SIXTY-FIVE-B OF
THE STATE FINANCE LAW, AS BEING A PERSON THAT HAS ENGAGED IN  A  BOYCOTT
OF ANY ALLIED NATION, SHALL NOT BE ELIGIBLE TO RECEIVE INVESTMENT OF ANY
MONEYS OR ASSETS OF THE COMMON RETIREMENT FUND IN ANY STOCKS, SECURITIES
OR OTHER OBLIGATIONS OF SUCH PERSON SO IDENTIFIED ON SUCH LIST DEVELOPED
AND PUBLISHED BY THE COMMISSIONER OF GENERAL SERVICES.
  (B) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, NO ASSETS OF
ANY  PENSION  OR ANNUITY FUND UNDER THE JURISDICTION OF THE COMPTROLLER,
SHALL FURTHER BE INVESTED IN ANY BANK  OR  FINANCIAL  INSTITUTION  WHICH
DIRECTLY,  OR  THROUGH  A PARENT OR SUBSIDIARY BOYCOTTS AN ALLIED NATION
AND NO SUCH ASSETS SHALL OTHERWISE BE INVESTED IN THE STOCKS, SECURITIES
OR OTHER OBLIGATIONS OF ANY PERSON WHICH DIRECTLY, OR THROUGH  A  PARENT
OR SUBSIDIARY ENTITY, BOYCOTTS ANY ALLIED NATION.
  3.  THE  COMPTROLLER  SHALL  TAKE  APPROPRIATE ACTION TO SELL, REDEEM,
DIVEST OR WITHDRAW ANY INVESTMENT HELD IN VIOLATION OF THE PROVISIONS OF
THIS SECTION. THIS SECTION SHALL NOT BE CONSTRUED TO REQUIRE THE  PREMA-
TURE  OR  OTHERWISE IMPRUDENT SALE, REDEMPTION, DIVESTMENT OR WITHDRAWAL
OF AN INVESTMENT, BUT SUCH  SALE,  DIVESTMENT  OR  WITHDRAWAL  SHALL  BE
COMPLETED  NO LATER THAN FIVE YEARS FOLLOWING THE EFFECTIVE DATE OF THIS
SECTION.
  4. ON OR BEFORE DECEMBER FIFTEENTH, TWO THOUSAND  SIXTEEN,  AND  EVERY
YEAR  THEREAFTER,  THE COMPTROLLER SHALL ISSUE A REPORT TO THE GOVERNOR,
THE COMMISSIONER OF GENERAL SERVICES, THE  TEMPORARY  PRESIDENT  OF  THE
SENATE,  AND  THE SPEAKER OF THE ASSEMBLY, ON ALL THE ACTIONS TAKEN, AND
ALL DETERMINATIONS MADE, BY THE COMPTROLLER, PURSUANT TO  THIS  SECTION,
AND ANY AND ALL RULES OR REGULATIONS ADOPTED.
  S 3. This act shall take effect immediately.

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The New York State Senate

senate Bill S6378A

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Archive: Last Bill Status - Passed Senate

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Jan 20, 2016 - floor Vote

Floor Vote: Jan 20, 2016

Jan 11, 2016 - Rules committee Vote

Committee Vote: Jan 11, 2016

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S6378 - Details

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S6378 - Bill Text download pdf

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S6378A (ACTIVE) - Details

S6378A (ACTIVE) - Summary

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S6378A (ACTIVE) - Bill Text download pdf

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senate Bill S6378A

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Sponsored By

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Jan 20, 2016 - floor Vote

Floor Vote: Jan 20, 2016

Jan 11, 2016 - Rules committee Vote

Committee Vote: Jan 11, 2016

Bill Amendments

Co-Sponsors

S6378 - Details

S6378 - Summary

S6378 - Sponsor Memo

S6378 - Bill Text download pdf

Co-Sponsors

S6378A (ACTIVE) - Details

S6378A (ACTIVE) - Summary

S6378A (ACTIVE) - Sponsor Memo

S6378A (ACTIVE) - Bill Text download pdf

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