Maryland 2024 Regular Session

Maryland House Bill HB1124 Latest Draft

Bill / Introduced Version Filed 02/08/2024

                             
 
EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. 
        [Brackets] indicate matter deleted from existing law. 
          *hb1124*  
  
HOUSE BILL 1124 
D3   	4lr2206 
      
By: Delegate Acevero 
Introduced and read first time: February 7, 2024 
Assigned to: Judiciary 
 
A BILL ENTITLED 
 
AN ACT concerning 1 
 
Civil Actions – Nonprofit Organizations – Unauthorized Support of Israeli 2 
Settlement Activity 3 
(Not on Our Dime Act) 4 
 
FOR the purpose of prohibiting certain nonprofit organizations from aiding or abetting 5 
certain activity by the government of Israel or a citizen of Israel; authorizing the 6 
Attorney General or a certain person to bring a certain action against a nonprofit 7 
organization that violates this Act; requiring the Secretary of State to remove a 8 
nonprofit organization from the Registry of Charitable Solicitation following receipt 9 
of certain notice; and generally relating to the prohibition against unauthorized 10 
support of Israeli settlement activity by a nonprofit organization. 11 
 
BY adding to 12 
 Article – Courts and Judicial Proceedings 13 
Section 3–2301 to be under the new subtitle “Subtitle 23. Nonprofit Organizations – 14 
Unauthorized Support of Israeli Settlement Activity” 15 
 Annotated Code of Maryland 16 
 (2020 Replacement Volume and 2023 Supplement) 17 
 
 SECTION 1. BE IT ENACTED BY TH E GENERAL ASSEMBLY OF MARYLAND, 18 
That the Laws of Maryland read as follows: 19 
 
Article – Courts and Judicial Proceedings 20 
 
SUBTITLE 23. NONPROFIT ORGANIZATIONS – UNAUTHORIZED SUPPORT OF 21 
ISRAELI SETTLEMENT ACTIVITY. 22 
 
3–2301. 23 
 
 (A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS 24  2 	HOUSE BILL 1124  
 
 
INDICATED. 1 
 
 (2) “NONPROFIT ORGANIZATIO N” MEANS AN ORGANIZATION EXEMPT 2 
FROM TAXATION UNDER § 501(C)(3) OR (4) OF THE INTERNAL REVENUE CODE. 3 
 
 (3) “OCCUPIED TERRITORY ” MEANS THE ISRAELI–OCCUPIED WEST 4 
BANK, INCLUDING EAST JERUSALEM. 5 
 
 (4) (I) “PROTECTED PERSONS ” MEANS INDIVIDUALS PROTECTED 6 
UNDER GENEVA CONVENTION (IV) RELATIVE TO THE PROTECTION OF CIVILIAN 7 
PERSONS IN TIME OF WAR, 12 AUGUST 1949, 6 U.S.T. 3516. 8 
 
 (II) “PROTECTED PERSONS ” INCLUDES CIVILIANS I N OCCUPIED 9 
TERRITORY IN ACCORDA NCE WITH INTERNATION AL LAW. 10 
 
 (5) “UNAUTHORIZED SUPPORT OF ISRAELI SETTLEMENT AC TIVITY” 11 
MEANS AIDING AND ABETTING AC TIVITY OF THE GOVERNMENT OF ISRAEL, OR A 12 
CITIZEN OF ISRAEL, THAT IS BANNED UNDER THE GENEVA CONVENTION S SIGNED 13 
AUGUST 12, 1949, AS AMENDED , AND THEIR ADDITIONAL PROTOCOLS, TO WHICH 14 
THE UNITED STATES IS A PARTY, INCLUDING THE FOLLOWING ACTIVI TY: 15 
 
 (I) THE UNLAWFUL TRANSFER OF ISRAELI CIVILIANS INT O 16 
OCCUPIED TERRITORY ; 17 
 
 (II) ACTS OF VIOLENCE AGAINST PROTECTED PERSONS BY 18 
CITIZENS OF ISRAEL LIVING IN OCCU PIED TERRITORIES , INCLUDING: 19 
 
 1. ABDUCTION; 20 
 
 2. MURDER; 21 
 
 3. ASSAULT;  22 
 
 4. ARSON; AND 23 
 
 5. THE COMMISSION OF ANY AC T DESCRIBED IN ITEMS 1 24 
THROUGH 4 OF THIS ITEM USING A FIREARM OR E XPLOSIVE DEVICE ; 25 
 
 (III) CRIMES AGAINST PROPER TY INCLUDING: 26 
 
 1. THE KILLING OR HARMIN G OF ANIMALS AND 27 
LIVESTOCK;  28 
   	HOUSE BILL 1124 	3 
 
 
 2. THE DESTRUCTION OF TREES AND CROPS ; 1 
 
 3. THE APPROPRIATION , EXPROPRIATION , SEIZURE, 2 
DESTRUCTION , DEMOLITION, DISMANTLEMENT , OR CONFISCATION , IN WHOLE OR IN 3 
PART, OF PRIVATE PROPERTY , INCLUDING: 4 
 
 A. HOMES; 5 
 
 B. APARTMENT BUILDINGS ; 6 
 
 C. COMMERCIAL PROPERTY ; 7 
 
 D. FOOD MARKETS ; AND 8 
 
 E. ANIMAL SHELTERS ; AND 9 
 
 4. BLOCKING ACCESS TO PALESTINIAN LANDS BY 10 
FENCING, STRUCTURES , OR OTHER MEANS ; 11 
 
 (IV) THE UNILATERAL ACQUIS ITION AND ANNEXATION OF LAND 12 
IN OCCUPIED TERRITOR Y; 13 
 
 (V) THE FORCED TRANSFER O R EVICTION OF PROTEC TED 14 
PERSONS WIT HIN OCCUPIED TERRITO RY, OR THE DEPORTATION O F PROTECTED 15 
PERSONS FROM OCCUPIE D TERRITORY; AND 16 
 
 (VI) THE DESTRUCTION OF IN	FRASTRUCTURE WITHIN 17 
OCCUPIED TERRITORY INCLUDING THE DESTRUCTION OF : 18 
 
 1. HOSPITALS AND OTHER M EDICAL FACILITIES ; 19 
 
 2. WATER AND SEWAGE SYSTEM EL EMENTS; 20 
 
 3. ELECTRICAL LINES ; 21 
 
 4. ROADS; 22 
 
 5. SCHOOLS; AND 23 
 
 6. NETWORK FACILITIES . 24 
 
 (B) A NONPROFIT ORGANIZATI ON REGISTERED WITH T HE SECRETARY OF 25 
STATE TO SOLICIT CHAR ITABLE DONATIONS IN THE STATE MAY NOT KNOWING LY 26  4 	HOUSE BILL 1124  
 
 
ENGAGE IN UNAUTHORIZ ED SUPPORT OF ISRAELI SETTLEMENT AC TIVITY. 1 
 
 (C) (1) THE ATTORNEY GENERAL MAY BRING AN 	ACTION FOR 2 
INJUNCTIVE RELIEF AN D DAMAGES ON BEHALF OF THE STATE OR ANY OF ITS 3 
POLITICAL SUBDIVISIO NS AGAINST A DIRECTO R, AN OFFICER, A PARTNER, A 4 
TRUSTEE, A MANAGER, OR ANY OTHER AGENT O F A NONPROFIT ORGANI ZATION THAT 5 
VIOLATES SUBSECTION (B) OF THIS SECTION. 6 
 
 (2) IN AN ACTION FILED UN DER PARAGRAPH (1) OF THIS 7 
SUBSECTION, THE ATTORNEY GENERAL MAY NOT SEEK LESS THAN $1,000,000 IN 8 
DAMAGES. 9 
 
 (D) (1) A PERSON HARMED BY A VI OLATION OF SUBSECTIO N (B) OF THIS 10 
SECTION MAY BRING AN ACTION FOR INJUNCTIV E RELIEF AND ACTUAL DAMAGES 11 
AGAINST A DIRECTOR , AN OFFICER, A PARTNER, A TRUSTEE, A MANAGER, OR ANY 12 
OTHER AGENT OF A NON PROFIT ORGANIZATION THAT VIOLATES SUBSEC TION (B) OF 13 
THIS SECTION. 14 
 
 (2) IN ADDITION TO INJUNC TIVE RELIEF AND ACTUAL DAMAGES , A 15 
COURT MAY AWARD ATTORNEY ’S FEES TO A PREVAILI NG PLAINTIFF. 16 
 
 (E) ON NOTICE FROM THE ATTORNEY GENERAL OR A PREVAILI NG 17 
PLAINTIFF OF A JUDGMENT ENTERE D AGAINST A NONPROFIT ORGANIZATION 18 
UNDER THIS SECTION , THE SECRETARY OF STATE SHALL REMOVE THE NONPROFIT 19 
ORGANIZATION FROM THE REGISTRY OF CHARITABLE SOLICITATION. 20 
 
 (F) AN ACTION UNDER THIS SECTION: 21 
 
 (1) MAY BE BROUGHT IN ANY COUNTY IN THE STATE; AND 22 
 
 (2) SHALL BE FILED WITHIN 10 YEARS AFTER THE DATE OF THE 23 
OCCURRENCE OF THE ACT ON WHICH THE CLA IM IS BASED. 24 
 
 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 25 
October 1, 2024. 26