S T A T E O F N E W Y O R K
________________________________________________________________________
6943--A
2023-2024 Regular Sessions
I N A S S E M B L Y
May 9, 2023
___________
Introduced by M. of A. MAMDANI, SHRESTHA, FORREST, MITAYNES, GALLAGHER
-- read once and referred to the Committee on Corporations, Authori-
ties and Commissions -- recommitted to the Committee on Corporations,
Authorities and Commissions in accordance with Assembly Rule 3, sec. 2
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee
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:
Section 1. Short title. This act shall be known and may be cited as
the "Not on our dime!: Ending New York funding of Israeli settler
violence act".
§ 2. The not-for-profit corporation law is amended by adding a new
section 116 to read as follows:
§ 116. UNAUTHORIZED SUPPORT OF ISRAELI SETTLEMENT ACTIVITY.
(A) DEFINITIONS. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE
CONTRARY, FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
(1) "UNAUTHORIZED SUPPORT OF ISRAELI SETTLEMENT ACTIVITY" MEANS AIDING
AND ABETTING ACTIVITY BY THE ISRAELI ARMED FORCES, THE GOVERNMENT OF
ISRAEL, OR CITIZEN THEREOF, THAT IS ILLEGAL PURSUANT TO THE ROME STATUTE
OF THE INTERNATIONAL CRIMINAL COURT OR UNDER ANY OF THE INTERNATIONAL
TREATIES SIGNED AT GENEVA ON THE TWELFTH DAY OF AUGUST, NINETEEN FORTY-
NINE, AS AMENDED, OR ANY PROTOCOL TO SUCH CONVENTION TO WHICH THE UNITED
STATES IS A PARTY, INCLUDING:
(I) THE UNLAWFUL TRANSFER OF ISRAELI CIVILIANS INTO OCCUPIED TERRITO-
RY;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10667-06-4
A. 6943--A 2
(II) ACTS OF VIOLENCE COMMITTED BY ISRAELI CITIZENS AGAINST PROTECTED
PERSONS LIVING IN OCCUPIED TERRITORY, INCLUDING BUT NOT LIMITED TO HOMI-
CIDE, ASSAULT, AND OTHER ACTS OF PHYSICAL VIOLENCE; USE OF FIREARMS,
EXPLOSIVES, OR OTHER DEADLY FORCE; THE KILLING OR HARMING OF ANIMALS,
LIVESTOCK, TREES, OR CROPS; THE DESTRUCTION, DAMAGE, OR VANDALISM OF
PALESTINIAN PROPERTY; OR BLOCKING ACCESS TO PALESTINIAN LANDS BY FENCING
OFF LAND, ERECTING STRUCTURES, OR OTHER MEANS;
(III) THE FORCED TRANSFER OR EVICTION OF PROTECTED PERSONS WITHIN
OCCUPIED TERRITORY, OR THE DEPORTATION OF PROTECTED PERSONS FROM OCCU-
PIED TERRITORY;
(IV) THE UNILATERAL ACQUISITION AND ANNEXATION OF LAND IN OCCUPIED
TERRITORY; AND/OR
(V) THE APPROPRIATION, EXPROPRIATION, SEIZURE, DESTRUCTION, DEMOLI-
TION, DISMANTLEMENT, OR CONFISCATION, IN WHOLE OR IN PART, OF PRIVATE
PALESTINIAN LAND OR RESIDENTIAL, BUSINESS, SOCIAL, OR PUBLIC STRUCTURES
OR INFRASTRUCTURE, INHABITED OR UNINHABITED, INCLUDING BUT NOT LIMITED
TO HOMES, APARTMENT BUILDINGS, RETAIL SHOPS, FOOD MARKETS, ANIMAL SHEL-
TERS, WALLS, WAREHOUSES, WATER PIPES, WATER STORAGE FACILITIES, SEWAGE
SYSTEMS, ELECTRICAL LINES, ROADS, MEDICAL FACILITIES, AND NETWORK FACIL-
ITIES.
(2) "OCCUPIED TERRITORY" MEANS THE ISRAELI-OCCUPIED WEST BANK, INCLUD-
ING EAST JERUSALEM AND THE GAZA STRIP.
(3) "PROTECTED PERSONS" INCLUDES CIVILIANS IN OCCUPIED TERRITORY IN
ACCORDANCE WITH INTERNATIONAL HUMANITARIAN LAW.
(B) UNAUTHORIZED SUPPORT OF ISRAELI SETTLEMENT ACTIVITY PROHIBITED.
UNAUTHORIZED SUPPORT OF ISRAELI SETTLEMENT ACTIVITY BY A NOT-FOR-PROFIT
CORPORATION SHALL BE PROHIBITED AS AGAINST PUBLIC POLICY AND INCONSIST-
ENT WITH ANY CHARITABLE PURPOSE.
(C) RECOVERY OF CIVIL PENALTY BY ATTORNEY GENERAL. THE ATTORNEY GENER-
AL MAY BRING AN ACTION IN THE NAME AND ON BEHALF OF THE STATE AGAINST
ANY TRUSTEE, DIRECTOR, MANAGER, OR OTHER OFFICER OR AGENT OF A NOT-FOR-
PROFIT CORPORATION, OR AGAINST A NOT-FOR-PROFIT CORPORATION, FOREIGN OR
DOMESTIC, TO RECOVER A SUM OF NOT LESS THAN ONE MILLION DOLLARS FOR
KNOWINGLY ENGAGING IN UNAUTHORIZED SUPPORT OF ISRAELI SETTLEMENT ACTIV-
ITIES IN VIOLATION OF PARAGRAPH (B) OF THIS SECTION. SUCH ACTION SHALL
BE BROUGHT NO LATER THAN TEN YEARS AFTER THE COMMISSION OF THE ACT UPON
WHICH SUCH ACTION IS BASED.
(D) PRIVATE RIGHT OF ACTION. AN INDIVIDUAL DAMAGED BY A VIOLATION OF
THIS SECTION MAY BRING A CIVIL ACTION AGAINST ANY TRUSTEE, DIRECTOR,
MANAGER, OR OTHER OFFICER OR AGENT OF A NOT-FOR-PROFIT CORPORATION, OR
AGAINST A NOT-FOR-PROFIT CORPORATION, FOREIGN OR DOMESTIC, TO ENJOIN
UNAUTHORIZED SUPPORT OF ISRAELI SETTLEMENT ACTIVITIES BY A NOT-FOR-PRO-
FIT CORPORATION IN VIOLATION OF PARAGRAPH (B) OF THIS SECTION AND
RECOVER ACTUAL DAMAGES FOR KNOWINGLY ENGAGING IN SUCH VIOLATIONS. SUCH
ACTION SHALL BE BROUGHT NO LATER THAN TEN YEARS AFTER THE COMMISSION OF
THE ACT UPON WHICH SUCH ACTION IS BASED. A COURT MAY ALSO AWARD ATTOR-
NEYS' FEES TO A PREVAILING PLAINTIFF.
§ 3. Subparagraph 3-b of paragraph (a) of section 102 of the not-for-
profit corporation law, as amended by chapter 23 of the laws of 2014, is
amended to read as follows:
(3-b) "Charitable purposes" of a corporation means one or more of the
following purposes: charitable, educational, religious, scientific,
literary, cultural or for the prevention of cruelty to children or
animals. THE TERM "CHARITABLE PURPOSES" SHALL NOT INCLUDE ANY ACTS
COMMITTED IN VIOLATION OF SECTION ONE HUNDRED SIXTEEN OF THIS ARTICLE.
A. 6943--A 3
§ 4. Paragraph (a) of section 112 of the not-for-profit corporation
law is amended by adding a new subparagraph 11 to read as follows:
(11) TO DISSOLVE A CHARITABLE CORPORATION FOR VIOLATIONS OF SECTION
ONE HUNDRED SIXTEEN OF THIS ARTICLE.
§ 5. This act shall take effect immediately.