Defeated

S 2119, known as the Combating BDS Act of 2021, is an anti-boycott bill that purports to authorize state and local legislation prohibiting state investments in or state contracts with entities that engage in boycott, divestment, and sanctions campaigns for Palestinian rights. The bill claims that such measures are not preempted by federal law and defines BDS activities to include boycotts of Israel and persons doing business in Israel or its illegal settlements. Several courts, however, have blocked state anti-boycott laws over concerns that they suppress constitutionally protected political expression. Previous versions of the bill failed after activists, media, and civil liberties groups raised constitutional concerns (S 1, HR 2856, S 170, HR 4514, S 2531). 

This anti-boycott bill prohibits state investment in and state contracts with entities that engage in boycotts if the purpose of the boycott is to “collectively restrict Israeli commerce or collectively change policy or law of the Israeli government.” The bill prohibits the state from imposing a written certification requirement. Two previous anti-boycott bills, introduced in 2017 (HB 501) and 2019 (HB 493), were defeated.

This non-binding resolution establishes an annual state-recognized Anti-Semitism Awareness Day and calls for all levels of state and local government to adopt the problematic IHRA definition of antisemitism. This distorted definition has been widely criticized for potentially encompassing any and all criticism of Israel and circumscribing protected political speech activities. The resolution was withdrawn by the sponsor soon after being introduced.

This non-binding resolution requests a committee study on the impacts of the “importance” of adopting legislation that prohibits state investments in or contracts with entities that boycott Israel. The preambular language denounces boycotts for Palestinian rights and falsely accuses BDS of spreading antisemitism. A nearly identical resolution was introduced in the House (HCR 30).

This resolution requests a committee study on the impacts of the importance of legislation prohibiting state contracts with or investments in entities engaged in BDS. The preambular language denounces boycotts for Palestinian rights and falsely accuses BDS of spreading antisemitism. A nearly identical resolution was introduced in the Senate (SCR 71).

This anti-boycott bill prohibits state investment in and state contracts with entities that engage in boycotts of Israel or companies based in Israel or territories it occupies. The bill requires the state to create a blacklist of corporations, non-profits, and groups engaged in prohibited boycotts. State agencies may not enter into contracts with blacklisted entities, and contractors must provide written certification that they are not on the blacklist. The state comptroller and public retirement funds are prohibited from investing in entities engaged in prohibited boycotts. This is a companion bill to S. 706. Similar bills have failed to pass in previous sessions (S. 2430, A. 5847).

This affirmative bill would repeal the state’s anti-boycott provisions put in place in 2016 by SB 327.

This anti-boycott bill prohibits state investment in and state contracts with entities that engage in boycotts of allied nations, including Israel, or companies based in allied nations or territories occupied by allied nations. The bill requires the state to create a blacklist of corporations, non-profits, and groups engaged in prohibited boycotts. State agencies may not enter into contracts with blacklisted entities, and contractors must provide written certification that they are not on the blacklist. The state comptroller and public retirement funds are prohibited from investing in entities engaged in prohibited boycotts. Similar bills have failed to pass in previous sessions (S. 2430, A. 5847). A similar bill focused only on boycotts of Israel (S. 706) was also introduced this session.

This anti-boycott defunding bill directs the trustees of New York’s public colleges and universities to prohibit funding for student groups that directly or indirectly promote or encourage boycotts of any allied nation or companies based in an allied nation, including Israel and the territories it occupies. The bill includes boycotts intended to penalize or “cast disrepute upon” an allied nation, its peoples, or businesses based there, but its funding prohibitions are limited to boycotts “based on race, class, gender, nationality, ethnic origin or religion,” which should exclude boycotts for Palestinian rights, though the justification for the bill clarifies that BDS is the intended target. Similar bills have failed to pass in previous sessions (S. 2493, S. 8017, S. 5825).

This anti-boycott bill prohibits state contracts with companies that boycott Israel or persons or entities doing business in Israel or territories it occupies. For contracts worth more than $100,000, contractors must provide a written certification that they are not “engaged in a boycott of goods or services from Israel that constitutes an integral part of business conducted or sought to be conducted with the state.” The bill also prohibits the state from adopting policies that have “the effect of inducing or requiring a person” to boycott Israel or its occupied territories, in an effort to target divestment or other BDS campaigns at public universities. A similar bill (HB 2933) was passed this session and will go into effect in July 2022.