S T A T E O F N E W Y O R K
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-
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.
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
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
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.