BILL NUMBER: S1255
SPONSOR: ADDABBO
TITLE OF BILL:
An act to amend the state finance law, in relation to purchasing
restrictions on persons boycotting Israel; and to amend the retirement
and social security law, in relation to the investment of certain public
funds in companies boycotting Israel
PURPOSE:
To prohibit New York State from contracting with corporations that are
boycotting Israel.
SUMMARY OF PROVISIONS:
Section 1 amends the state finance law to include a new section 165-b
that defines boycott Israel, boycott activities, and persons.
Sub-section 2: Outlines the process the commissioner will utilize in
creating a list of persons not deemed to be a responsive bidder or
offerer.
Sub-section 3: A state agency shall require persons submitting a bid or
offer in response to a notice of procurement, at the time the bid is
submitted or the contract is renewed or assigned, if the person is not
identified on a list a state agency shall include certification informa-
tion in the procurement record.
Sub-section 4: Provides the actions a state agency will take, as may be
appropriate and provided by law, rule or contract, including but not
limited to imposing sanctions, seeking compliance, recovering damages or
declaring the contractor in default.
Sub-section 5: Requires the Commissioner to report the list to the
Governor and the Legislature annually on or before October 1.
Section 2 amends the retirement and social security law to add a new
section 423-d in relation to the investment of public funds in companies
deemed to be a non-responsive bidder and offerer.
Section 3: Effective date.
JUSTIFICATION:
Boycott Divest and Sanction, (BDS) is an orchestrated movement designed
to weaken and delegitimize Israel through economic isolation, which will
cause great harm to one of our nation's strongest allies. Israel, being
the 4th largest recipient of New York State's exports (at $6.4 million),
has proven both a strategic and economic ally. It undermines our
national security to assist Israel's enemies.
South Carolina was the first state to enact legislation to counter the
BDS strategy followed by Illinois, Florida, Arizona and California. 18
other states have proposed similar legislation. Passing this legislation
is an important way for New York to show support to our ally.
LEGISLATIVE HISTORY:
2019: S.2430 - Referred to Senate Finance Committee.
2020: S.2430 - Referred to Senate Finance Committee.
2021: S.706 - Referred to Senate Finance Committee.
2022: S.706 - Referred to Senate Procurement and Contracts Committee.
2023: S.4479 - Referred to Senate Procurement and Contracts Committee.
2024: S.4479 - Referred to Senate Procurement and Contracts Committee.
FISCAL IMPLICATIONS:
Minimal.
EFFECTIVE DATE:
This act shall take effect immediately.