NY State Senate Bill 2023-S6992A

Senate Bill S6992A

2023-2024 Legislative Session

download bill text pdf

Current Bill Status - In Senate Committee Corporations, Authorities And Commissions Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 20, 2024	print number 6992a
May 20, 2024	amend and recommit to corporations, authorities and commissions
Jan 03, 2024	referred to corporations, authorities and commissions
May 16, 2023	referred to corporations, authorities and commissions

Bill Amendments

Original

A (Active)

co-Sponsors

2023-S6992 - Details

See Assembly Version of this Bill:: A6943
Current Committee:: Senate Corporations, Authorities And Commissions
Law Section:: Not-for-Profit Corporation Law
Laws Affected:: Add §116, amd §§102 & 112, N-PC L

2023-S6992 - Summary

Establishes 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; allows for recovery of a civil penalty by the state attorney general; creates a private right of action for violations.

2023-S6992 - Sponsor Memo

                                 
BILL NUMBER: S6992

SPONSOR: BRISPORT
 
TITLE OF BILL:

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

 
SUMMARY OF PROVISIONS:

This bill adds a new section to the not-for-profit corporation law
prohibiting not-for-profit corporations from aiding or abetting activity
in violation of the Geneva Conventions of 1949.

Section 1 of this bill amends the not-for-profit corporation law by
adding a new section 116 regarding support of illegal settlement activ-
ity by not-forprofits in New York State. This section provides
restrictions regarding aiding and abetting activity that is illegal
under any of the international treaties signed at Geneva on August 12,
1949, or any protocols, and provides specific examples of such activity
to include:

*Unlawful transfer of civilians into occupied territory

*Acts of violence committed by citizens against protected persons living
in occupied territory

*Forced transfer or eviction of protected persons within occupied terri-
tory, or eviction from occupied territory

*Appropriation, expropriation, seizure, destruction, demolition, disman-
tlement, or confiscation, in whole or in part, of private Palestinian
land or residential, business, social, or public structures or infras-
tructure, inhabited or uninhabited

Parts C and D also provide for civil recovery rights by the Attorney
General or private individuals against not-for-profit corporations or
their agents, officers or directors for knowingly engaging in
violations, which may be brought within ten years.

Section 2 amends subparagraph 3-b of paragraph (a) of section 102 of the
not-for-profit corporation law to update the definition of "charitable
purposes," with respect to purposes that would be violations of the new
section of law created by this bill.

Section 3 amends paragraph (a) of section 112 of the not-for-profit
corporation law by adding a new subparagraph 11 to grant the Attorney
General the power to dissolve a non-profit corporation for a violation
of this bill.

Section 4 sets forth the effective date.

 
JUSTIFICATION:

Article 49 of the Fourth Geneva Convention provides that an "Occupying
Power shall not deport or transfer parts of its own civilian population
into the territory it occupies." It also prohibits the "individual or
mass forcible transfers, as well as deportations of protected persons
from occupied territory." However, contrary to this well-established
law, the State of Israel has engaged in a pattern of establighilig ille-
gal settlements in the West Bank, including East Jerusalem, partithafar-
ly since its militaryò occupation of the region in 1967. The European
Union (EU) has explicitly recognized that "settlement building anywhere
in the occupied Palestinian Territory, including East Jerusalem, is
illegal under international law," and "constitutes an obstacle to
peace."  Nonetheless, in the words of Amnesty International, "Israel's
policy of settling its civilians in occupied Palestinian territory and
displacing the local population contravenes fundamental rules of inter-
national humanitarian law."

Indeed, the international consensus since 1967 has been that these
settlements are unlawful. As early as 1980, UN Security Council Resol-
ution 465 called on the State of Israel "to dismantle the existing
settlements and, in particular, to cease, on an urgent basis, the estab-
lishment, construction and planning of settlements in the Arab territo-
ries occupied since 1967, including Jerusalem." The International
Committee of the Red Cross and the Conference of High Contracting
Parties to the Fourth Geneva Convention have reaffirmed that settlements
violate international humanitarian law. The illegality of the settle-
ments was similarly reaffirmed by UN Security Council Resolution 2334,
passed in December 2016, which reiterates the Security Council's call on
the State of Israel to cease all settlement activities in the occupied
territories.

Despite the clear illegality of this pattern of conduct, which has led
to the expulsion and dispossession of Palestinians from their land
(often in a violent manner), this practice has continued. Moreover,
these illegal settlement activities have been funded by organizations
here in New York State. In fact, between 2017 and 2019 alone, organiza-
tions that are known to primarily fund illegal settler activities
fundraised over $144 million in New York State. This funding stream is
known to sustain illegal settler activity, and has enabled settlements
to significantly expand in recent years. Although they are in direct
violation of international humanitarian and human rights law, these
organizations masquerade as charities, and funnel hundreds of millions
of dollars to illegal settlement activities, while enjoying tax-exempt
status in New York. In short, New York State is effectively subsidizing
illegal activity abroad, and has been complicit in violent dislocations
of Palestinian people.

This bill clarifies that New York State charities cannot subsidize such
illegal activity, and prevents non-profit corporations from abusing
their tax-exempt status to reinforce and further the State of Israel's
illegal settlement expansion.

 
PRIOR LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S6992 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6992
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 16, 2023
                                ___________
 
 Introduced  by Sen. BRISPORT -- read twice and ordered printed, and when
   printed to be committed to the Committee on Corporations,  Authorities
   and Commissions
 
 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 GOVERNMENT OF ISRAEL, OR CITIZEN THEREOF,
 THAT IS ILLEGAL 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;
   (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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10667-04-3

 S. 6992                             2
 
 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.
   (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.
   §  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.

co-Sponsors

2023-S6992A (ACTIVE) - Details

See Assembly Version of this Bill:: A6943
Current Committee:: Senate Corporations, Authorities And Commissions
Law Section:: Not-for-Profit Corporation Law
Laws Affected:: Add §116, amd §§102 & 112, N-PC L

2023-S6992A (ACTIVE) - Summary

2023-S6992A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6992A

SPONSOR: BRISPORT
 
TITLE OF BILL:

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

 
SUMMARY OF PROVISIONS:

This bill adds a new section to the not-for-profit corporation law
prohibiting not-for-profit corporations from aiding or abetting activity
in violation of the Geneva Conventions of 1949.

Section 1 of this bill sets forth the title and section 2 amends the
not-forprofit corporation law by adding a new section 116 regarding
support of illegal settlement activity and war crimes by not-for-profits
in New York State. This section provides restrictions regarding aiding
and abetting activity that is illegal under the Rome Statute of the
International Criminal Court or any of the international treaties signed
at Geneva on August 12, 1949, or any protocols, and provides specific

examples of such activity to include:

*Unlawful transfer of civilians into occupied territory

*Acts of violence committed by citizens against protected persons living
in occupied territory

*Forced transfer or eviction of protected persons within occupied terri-
tory, or eviction from occupied territory

*Appropriation, expropriation, seizure, destruction, demolition, disman-
tlement, or confiscation, in whole or in part, of private Palestinian
land or residential, business, social, or public structures or infras-
tructure, inhabited or uninhabited

Parts C and D also provide for civil recovery rights by the Attorney
General or private individuals against not-for-profit corporations or
their agents, officers or directors for knowingly engaging in
violations, which may be brought within ten years.

Section 3 amends subparagraph 3-b of paragraph (a) of section 102 of the
not-for-profit corporation law to update the definition of "charitable
purposes," with respect to purposes that would be violations of the new
section of law created by this bill.

Section 4 amends paragraph (a) of section 112 of the not-for-profit
corporation law by adding a new subparagraph 11 to grant the Attorney
General the power to dissolve a non-profit corporation for a violation
of this bill.

Section 5 sets forth the effective date.

 
JUSTIFICATION:

Article 49 of the Fourth Geneva Convention provides that an "Occupying
Power shall not deport or transfer parts of its own civilian population
into the territory it occupies." It also prohibits the "individual or
mass forcible transfers, as well as deportations of protected persons
from occupied territory." However, contrary to this well-established
law, the State of Israel has engaged in a pattern of establishing ille-
gal settlements in the West Bank, including East Jerusalem, particularly
since its military occupation of the region in 1967. The European Union
(EU) has explicitly recognized that "settlement building anywhere in the
occupied Palestinian Territory, including East Jerusalem, is illegal
under international law," and "constitutes an obstacle to peace." None-
theless, in the words of Amnesty International, "Israel's policy of
settling its civilians in occupied Palestinian territory and displacing
the local population contravenes fundamental rules of international
humanitarian law."

Indeed, the international consensus since 1967 has been that these
settlements are unlawful. As early as 1980, UN Security Council Resol-
ution 465 called on the State of Israel "to dismantle the existing
settlements and, in particular, to cease, on an urgent basis, the estab-
lishment, construction and planning of settlements in the Arab territo-
ries occupied since 1967, including Jerusalem." The International
Committee of the Red Cross and the Conference of High Contracting
Parties to the Fourth Geneva Convention have reaffirmed that settlements
violate international humanitarian law. The illegality of the settle-
ments was similarly reaffirmed by UN Security Council Resolution 2334,
passed in December 2016, which reiterates the Security Council's call on
the State of Israel to cease all settlement activities in the occupied
territories.

Despite the clear illegality of this pattern of conduct, which has led
to the expulsion and dispossession of Palestinians from their land
(often in a violent manner), this practice has continued. Moreover,
these illegal settlement activities have been funded by organizations
here in New York State. In fact, between 2017 and 2019 alone, organiza-
tions that are known to primarily fund illegal settler activities
fundraised over $144 million in New York State. This funding stream is
known to sustain illegal settler activity, and has enabled settlements
to significantly expand in recent years. Although they are in direct
violation of international humanitarian and human rights law, these
organizations masquerade as charities, and funnel hundreds of millions
of dollars to illegal settlement activities, while enjoying tax-exempt
status in New York. In short, New York State is effectively subsidizing
illegal activity abroad, including war crimes, and has been complicit in
violent dislocations of Palestinian people.

This bill clarifies that New York State charities cannot subsidize such
illegal activity, and prevents non-profit corporations from abusing
their tax-exempt status to reinforce and further the State of Israel's
illegal settlement expansion.

 
PRIOR LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S6992A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6992--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 16, 2023
                                ___________
 
 Introduced  by  Sens.  BRISPORT,  GONZALEZ,  SALAZAR  --  read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Corporations,  Authorities  and  Commissions  --  recommitted  to  the
   Committee on Corporations, Authorities and Commissions  in  accordance
   with  Senate  Rule  6,  sec.  8 -- 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.
                                                            LBD10667-05-4
 S. 6992--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.
 S. 6992--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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Ray_Dries

6 months ago

Please become a co-sponsor of the"Not on our dime!: Ending New York funding of Israeli settler violence act"

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S6992A

Share this bill

Sponsored By

Jabari Brisport

Current Bill Status - In Senate Committee Corporations, Authorities And Commissions Committee

Bill Amendments

co-Sponsors

Kristen Gonzalez

Julia Salazar

2023-S6992 - Details

2023-S6992 - Summary

2023-S6992 - Sponsor Memo

2023-S6992 - Bill Text download pdf

co-Sponsors

Kristen Gonzalez

Robert Jackson

Julia Salazar

2023-S6992A (ACTIVE) - Details

2023-S6992A (ACTIVE) - Summary

2023-S6992A (ACTIVE) - Sponsor Memo

2023-S6992A (ACTIVE) - Bill Text download pdf

Comments