Provides that no affected state entity or public retirement system shall take any boycott-based adverse action or compile, maintain or publish any list of persons or entities for purposes of such action unless expressly authorized by the legislature.
Impact
If enacted, A10970 would amend the state finance law by introducing new provisions that prohibit any affected state entity or public retirement system from taking any boycott-based adverse action unless expressly authorized by the legislature. This includes actions like divesting public funds, terminating contracts, or disqualifying entities from state contracts based on their involvement in political boycotts. This change aims to centralize decisions regarding political boycotts within the legislative framework, ensuring a more democratic process where such significant actions are subjected to public debate and scrutiny.
Summary
Bill A10970 addresses the power of affected state entities and public retirement systems in New York regarding boycott-based adverse actions. The bill establishes that decisions related to divestment of public funds or the exclusion of entities from state contracting based on participation in political boycotts should fall under the legislative authority rather than unilateral executive decisions. The motivation behind this legislation is to reinforce the constitutional order concerning the use of public funds in political contexts, specifically in response to the previous Executive Order 157, which mandated divestment based on participation in the Boycott, Divestment and Sanctions (BDS) movement.
Contention
The bill has prompted discussions among lawmakers about the implications of reinstating legislative authority over executive actions concerning economic and political boycotts. Supporters argue that it is a necessary check on executive power, ensuring that significant policy decisions are made through a representative process. Conversely, opponents of the bill could view it as an attempt to limit the state's response to social movements, raising concerns about the balance of power between the legislative and executive branches in New York. The bill's passage could set a precedent for how future political pressures are handled in state governance.
Eliminates the restriction on class actions involving a penalty or minimum recovery; adds language expressly permitting class actions against governmental entities.
Prohibits the use of state aid by colleges and universities to fund or provide membership in academic institutions that are boycotting a country or higher education institutions of a country.
Includes entities that provide employment or services to formerly incarcerated persons in the preferred source exemption for purposes of state purchasing.
Providing for sport activities in public institutions of higher education and public school entities to be expressly designated male, female or coed; and creating causes of action for harms suffered by designation.
Providing for sport activities in public institutions of higher education and public school entities to be expressly designated male, female or coed; and creating causes of action for harm suffered by designation.
Providing for sport activities in public institutions of higher education and public school entities to be expressly designated male, female or coed; and creating causes of action for harm suffered by designation.
Providing for sport activities in public institutions of higher education and public school entities to be expressly designated male, female or coed; and creating causes of action for harm suffered by designation.