S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9416
 
                           I N  A S S E M B L Y
 
                              March 14, 2024
                                ___________
 
 Introduced by M. of A. NOVAKHOV -- read once and referred to the Commit-
   tee on Corporations, Authorities and Commissions
 
 AN  ACT  to  amend  the  not-for-profit  corporation law, in relation to
   establishing the "Not on our dollar!: Ending New York funding of Hamas
   violence act" to prohibit not-for-profit corporations from engaging in
   unauthorized support of Hamas and the unauthorized support of  nations
   known to fund middle-eastern terrorist group 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 dollar!: Ending New York funding of Hamas 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 HAMAS AND  THE  UNAUTHORIZED  SUPPORT  OF
          NATIONS KNOWN TO FUND MIDDLE-EASTERN TERRORIST GROUP 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  HAMAS AND THE UNAUTHORIZED SUPPORT OF
 NATIONS KNOWN TO FUND MIDDLE-EASTERN  TERRORIST  GROUP  ACTIVITY"  MEANS
 AIDING  AND  ABETTING  ACTIVITY BY THE GOVERNMENT OF IRAN, QATAR, PALES-
 TINE, NATIONS DESIGNATED BY THE UNITED STATES  DEPARTMENT  OF  STATE  AS
 STATE  SPONSORS  OF TERRORISM, NATIONS DEEMED "TERRORIST SAFE HAVENS" IN
 THE UNITED STATES' ANNUAL COUNTRY REPORT ON TERRORISM, OR THE  TERRORIST
 GROUP HAMAS, OR CITIZEN THEREOF, THAT IS ILLEGAL UNDER ANY OF THE INTER-
 NATIONAL  TREATIES  SIGNED AT GENEVA ON THE TWELFTH DAY OF AUGUST, NINE-
 TEEN FORTY-NINE, AS AMENDED, OR ANY PROTOCOL TO SUCH CONVENTION TO WHICH
 THE UNITED STATES IS A PARTY, INCLUDING:
   (I) ACTS OF VIOLENCE COMMITTED  BY  HAMAS  AGAINST  PROTECTED  PERSONS
 LIVING  IN  ISRAEL,  INCLUDING BUT NOT LIMITED TO HOMICIDE, 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  ISRAELI  PROPERTY;  OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14728-01-4
              

 A. 9416                             2
 
 BLOCKING  ACCESS  TO  ISRAELI LANDS BY FENCING OFF LAND, ERECTING STRUC-
 TURES, OR OTHER MEANS;
   (II)  THE  FORCED  TRANSFER  OR KIDNAPPING OF PROTECTED PERSONS WITHIN
 ISRAEL; AND/OR
   (III) THE APPROPRIATION, EXPROPRIATION, SEIZURE, DESTRUCTION,  DEMOLI-
 TION,  DISMANTLEMENT,  OR  CONFISCATION, IN WHOLE OR IN PART, OF PRIVATE
 ISRAELI 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 SHELTERS,
 WALLS,  WAREHOUSES,  WATER  PIPES,  WATER  STORAGE  FACILITIES,   SEWAGE
 SYSTEMS, ELECTRICAL LINES, ROADS, MEDICAL FACILITIES, AND NETWORK FACIL-
 ITIES.
   (2)  "PROTECTED  PERSONS"  INCLUDES  CIVILIANS IN ISRAEL IN ACCORDANCE
 WITH INTERNATIONAL HUMANITARIAN LAW.
   (B) UNAUTHORIZED SUPPORT OF HAMAS  AND  THE  UNAUTHORIZED  SUPPORT  OF
 NATIONS  KNOWN TO FUND MIDDLE-EASTERN TERRORIST GROUP ACTIVITY PROHIBIT-
 ED.   UNAUTHORIZED SUPPORT OF HAMAS  AND  THE  UNAUTHORIZED  SUPPORT  OF
 NATIONS  KNOWN TO FUND MIDDLE-EASTERN TERRORIST GROUP ACTIVITY BY A NOT-
 FOR-PROFIT CORPORATION SHALL BE PROHIBITED AS AGAINST PUBLIC POLICY  AND
 INCONSISTENT 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 HAMAS AND THE UNAUTHORIZED
 SUPPORT  OF  NATIONS KNOWN TO FUND MIDDLE-EASTERN TERRORIST GROUP 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 HAMAS AND THE UNAUTHORIZED  SUPPORT  OF  NATIONS
 KNOWN  TO  FUND  MIDDLE-EASTERN TERRORIST GROUP ACTIVITIES BY A NOT-FOR-
 PROFIT 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.
   §  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.