S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4144

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 29, 2015
                               ___________

Introduced  by  M.  of A. WRIGHT, ARROYO, PEOPLES-STOKES, ENGLEBRIGHT --
  Multi-Sponsored by -- M. of A. CURRAN, GANTT, GLICK, GOTTFRIED,  HOOP-
  ER, KOLB, PAULIN, RAIA, RIVERA, ROSENTHAL -- read once and referred to
  the Committee on Governmental Employees

AN  ACT  to amend the retirement and social security law, in relation to
  the investment of certain public employee retirement funds  in  compa-
  nies  doing  business with the Republic of Sudan or its instrumentali-
  ties

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Legislative  findings and declaration. 1. The legislature
finds that the current crisis  in  Sudan's  Darfur  region  involving  a
conflict between the Republic of Sudan and the People's Liberation Move-
ment  or Army has disrupted the peace and security for civilians and has
created a climate which violates the Human Rights of  ethnic  minorities
within this nation state.
  2.  The legislature finds that the armed conflict involving the Repub-
lic of Sudan, the National Congress Party (NCP), and the Sudan  People's
Liberation Movement has created genocidal conditions for innocent civil-
ians within the region of Darfur.
  3.  The legislature finds that the Report of the United Nations Secre-
tary General on Sudan provides evidence that the prospect for peace  and
security  in  the  Darfur  region  of the Republic of Sudan continues to
deteriorate in spite of the signing of a Comprehensive  Peace  Agreement
by  the  Republic  of  Sudan, the National Congress Party (NCP), and the
Sudan Liberation Movement.
  4. The legislature finds more than one year after the signing  of  the
Comprehensive  Peace  Agreement  a  number  of protocols and commissions
designed to end ethnic cleansing or crimes against humanity have not yet
been established. These include the Human Rights Commission,  the  Civil
Service  Commission, the Land Commission, the National Electoral Commis-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04977-01-5
              

A. 4144                             2

sion, and the Commission for the Protection of the Rights of Non-Muslims
in the National Capitol.
  5.  The  legislature finds that national security officers continue to
arrest and arbitrarily detain individuals considered to be a  threat  to
the  state, including students and human rights defenders. Ill-treatment
and torture of people  in  national  security  custody  continue  to  be
reported.  The process of legislative reform envisaged by the Comprehen-
sive Peace Agreement and the Interim National Constitution has  not  yet
commenced.
  6.  The legislature finds that in Darfur, as detailed in the report of
the Secretary General on Sudan to the U.N. Security Council, indiscrimi-
nate attacks continue against civilians, including assault and  rape  of
women  by  armed militias. Police and other officials are often involved
in human rights abuse.
  7. The legislature finds that in southern Sudan and Abyei,  rights  to
due  process  and  fair trial guarantees are hampered by a lack of human
and financial resources in the law enforcement and justice  sectors.  In
the  absence  of a functioning justice system in some regions, customary
laws are applied that do not adequately protect individual rights.
  8. The legislature finds  owing  to  lack  of  agreement  between  the
National  Congress Party and the Sudan People Liberation Movement on the
draft law for the  National  Independent  Human  Rights  Commission,  no
developments  have  taken  place in relation to the establishment of the
Commission. In addition, there have been insufficient efforts to consult
with civil society and other relevant actors in the preparation  of  the
draft law.
  9. The legislature finds that aspects of the peace agreement that were
intended  to  encourage  distributive  justice,  wealth  sharing, and to
reduce conflicts based upon a fight over the natural  resources  of  the
Republic  of Sudan have failed to progress. Specifically, the Fiscal and
Financial Allocations and Monitoring Commission and the National  Petro-
leum  Commission have failed to quantify the share of oil revenues which
were to be transferred to the Government of Southern Sudan.
  10. The legislature finds that  the  instigation  and  propagation  of
armed  conflict based upon religious extremism and a fight over petrole-
um, carbon fuels and other natural resources poses a serious  threat  to
the African Continent, and a threat to world peace and security.
  S 2. The retirement and social security law is amended by adding a new
section 423-d to read as follows:
  S  423-D.  INVESTMENT OF CERTAIN PUBLIC FUNDS IN COMPANIES DOING BUSI-
NESS IN SUDAN. 1. ON AND AFTER THE EFFECTIVE DATE OF  THIS  SECTION,  NO
MONEYS  OR ASSETS OF THE COMMON RETIREMENT FUND SHALL BE INVESTED IN THE
STOCKS, SECURITIES OR OTHER OBLIGATIONS OF ANY  INSTITUTION  OR  COMPANY
DOING  BUSINESS  IN  OR WITH SUDAN OR WITH AGENCIES OR INSTRUMENTALITIES
THEREOF. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, NO ASSETS
OF ANY PENSION OR ANNUITY FUND  UNDER  THE  JURISDICTION  OF  THE  COMP-
TROLLER,  SHALL  BE  INVESTED IN ANY BANK OR FINANCIAL INSTITUTION WHICH
DIRECTLY OR THROUGH A SUBSIDIARY HAS OUTSTANDING LOANS TO  OR  FINANCIAL
ACTIVITIES IN SUDAN OR ITS INSTRUMENTALITIES AND NO SUCH ASSETS SHALL BE
INVESTED  IN  THE STOCKS, SECURITIES OR OTHER OBLIGATIONS OF ANY COMPANY
WHICH DIRECTLY OR THROUGH A SUBSIDIARY IS ENGAGED IN BUSINESS IN OR WITH
SUDAN OR ITS INSTRUMENTALITIES.
  2. THE COMPTROLLER SHALL TAKE  APPROPRIATE  ACTION  TO  SELL,  REDEEM,
DIVEST OR WITHDRAW ANY INVESTMENT HELD IN VIOLATION OF THE PROVISIONS OF
THIS  SECTION. THIS SECTION SHALL NOT BE CONSTRUED TO REQUIRE THE PREMA-
TURE OR OTHERWISE IMPRUDENT SALE, REDEMPTION, DIVESTMENT  OR  WITHDRAWAL

A. 4144                             3

OF  AN  INVESTMENT,  BUT SUCH SALE, REDEMPTION, DIVESTMENT OR WITHDRAWAL
SHALL BE COMPLETED NOT LATER THAN THREE YEARS  FOLLOWING  THE  EFFECTIVE
DATE OF THIS SECTION.
  3.  WITHIN  SIXTY  DAYS  AFTER THE EFFECTIVE DATE OF THIS SECTION, THE
COMPTROLLER SHALL FILE WITH THE LEGISLATURE A REPORT OF ALL  INVESTMENTS
HELD  AS OF THE EFFECTIVE DATE OF THIS SECTION WHICH ARE IN VIOLATION OF
THE PROVISIONS OF THIS SECTION. EVERY YEAR THEREAFTER,  THE  COMPTROLLER
SHALL REPORT ON ALL INVESTMENTS SOLD, REDEEMED, DIVESTED OR WITHDRAWN IN
COMPLIANCE WITH THIS SECTION. EACH REPORT AFTER THE INITIAL REPORT SHALL
PROVIDE  A  DESCRIPTION  OF  THE PROGRESS WHICH THE COMPTROLLER HAS MADE
SINCE THE PREVIOUS REPORT AND SINCE THE EFFECTIVE  DATE OF THIS SECTION.
  S 3. This act shall take effect immediately.