Assembly Bill A3501

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

                                  3501

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2009
                               ___________

Introduced  by  M.  of  A. BRADLEY, GREENE, MAISEL, DelMONTE, ZEBROWSKI,
  GALEF, FIELDS, GABRYSZAK, COOK, KOON, JAFFEE, CARROZZA --  Multi-Spon-
  sored  by -- M. of A.  BACALLES, BRENNAN, BROOK-KRASNY, PHEFFER, SCHI-
  MEL, WEISENBERG -- read once and referred to the Committee on Codes

AN ACT to amend the penal law and the not-for-profit corporation law, in
  relation to prohibiting funding and support  of  terrorist  activities
  and organizations

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

  Section 1.  Section 490.15 of the penal law, as added by  chapter  300
of the laws of 2001, is amended to read as follows:
S  490.15 Soliciting or providing support for an act of terrorism in the
           first degree.
  A person commits soliciting or providing support for an act of terror-
ism in the first degree when:
  1. he or she commits the crime of soliciting or providing support  for
an act of terrorism in the second degree and the total value of material
support or resources exceeds one thousand dollars; OR
  2.  HE  OR  SHE,  AS AN OFFICER OR DIRECTOR OF A NOT-FOR-PROFIT CORPO-
RATION, KNOWINGLY PERMITS SUCH CORPORATION TO ASSIST,  FUND  OR  SUPPORT
TERRORISM.
  Soliciting  or  providing support for an act of terrorism in the first
degree is a class C felony.
  S 2. Section 115 of the not-for-profit corporation law,  as  added  by
chapter 669 of the laws of 1977, is amended to read as follows:
S 115. Power to solicit contributions for charitable purposes.
  (A)  SOLICITATION  OF CONTRIBUTIONS FOR CHARITABLE PURPOSES. No corpo-
ration having the power to solicit contributions for charitable purposes
may solicit contributions for any purpose for  which  approval  of  such
solicitation  is  required  under the provisions of section four hundred
four of this chapter unless the certificate specifically makes provision

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03545-01-9
              

A. 3501                             2

for such solicitation and the required written approval is  endorsed  on
or  annexed to such certificate or unless the corporation is among those
referred to in section one hundred seventy-two-a of the  executive  law.
If such approval is not obtained and the corporation continues to solic-
it  or  to  receive contributions for such purpose or advertises that it
has obtained such approval, the attorney general, at the request of  the
officer  or  body  authorized  to grant such approval, shall maintain an
action or proceeding pursuant to the provisions of subparagraph  one  of
paragraph  (a)  of section one hundred twelve of this [chapter] ARTICLE.
Such an action may also be maintained in relation to a corporation here-
inafter incorporated if the name, purposes, objects or the activities of
such corporation may, in any manner, lead to the belief that the  corpo-
ration possesses or may exercise any of such purposes.
  (B) CONTRIBUTIONS SOLICITED FOR, OR TRANSFERRED TO, ORGANIZATIONS THAT
SUPPORT  TERRORISM  PROHIBITED. NO CORPORATION FORMED UNDER THIS CHAPTER
SHALL SOLICIT CONTRIBUTIONS FOR, OR TRANSFER ANY MONIES TO,  ANY  PERSON
OR  ORGANIZATION WHICH ASSISTS, FUNDS OR SUPPORTS TERRORISM OR TERRORIST
ACTIVITIES. TERRORISM AND TERRORIST ACTIVITIES FOR THE PURPOSES OF  THIS
SECTION,  SHALL  INCLUDE  ANY  ACT,  OR  THREAT  OF  AN ACT, OF VIOLENCE
DIRECTED AGAINST THE UNITED STATES, ANY STATE, OR LOCAL  GOVERNMENT,  OR
AGAINST ANY PERSON OR PROPERTY WITHIN THE UNITED STATES, IF SUCH ACT, OR
THREAT  OF  AN  ACT,  OF VIOLENCE IS MOTIVATED BY RELIGIOUS, CULTURAL OR
POLITICAL IDEOLOGY. FOR THE PURPOSES OF THIS  SECTION,  THE  ASSISTANCE,
FUNDING  OR  SUPPORT OF TERRORISM SHALL INCLUDE ANY ACTIVITY WHICH COULD
ASSIST THE ADVANCEMENT, PLANNING,  OPERATION,  CONDUCT  OR  ADVOCACY  OF
TERRORISM  OR TERRORIST ACTIVITIES, INCLUDING THE ASSISTANCE, FUNDING OR
SUPPORTING OR ANY EDUCATIONAL, RELIGIOUS, CULTURAL OR  POLITICAL  ORGAN-
IZATION,  OR  PERSON OFFICIALLY AFFILIATED WITH SUCH ORGANIZATION, WHICH
ADVOCATES THE ADVANCEMENT, PLANNING, OPERATION, CONDUCT OR  ADVOCACY  OF
TERRORISM OR TERRORIST ACTIVITIES. THE ATTORNEY GENERAL AND/OR THE STATE
COMPTROLLER,  UPON  PROBABLE CAUSE, MAY AUDIT AND INVESTIGATE ANY CORPO-
RATION FORMED UNDER THIS CHAPTER, SUSPECTED OF VIOLATING THE  PROVISIONS
OF  THIS SECTION.   UPON THE CONDUCT OF SUCH AUDIT OR INVESTIGATION, THE
ATTORNEY GENERAL AND STATE COMPTROLLER SHALL BE PERMITTED FULL AND UNRE-
STRICTED ACCESS TO ALL RECORDS, PAPERS AND ACCOUNTS OF SUCH CORPORATION,
AND SHALL ALSO BE EMPOWERED TO DEPOSE UNDER OATH, ANY OFFICER,  DIRECTOR
OR  EMPLOYEE  OF  SUCH CORPORATION. THE ATTORNEY GENERAL SHALL ALSO HAVE
THE POWER, AS SHALL THE DISTRICT ATTORNEY OF THE  COUNTY  IN  WHICH  THE
CORPORATION  MAINTAINS  ITS  OFFICES, TO PROSECUTE ANY VIOLATION OF THIS
SECTION.  ANY CORPORATION FOUND TO HAVE VIOLATED THE PROVISIONS OF  THIS
SECTION,  AND/OR  ANY CORPORATION WHICH HAS AN OFFICER OR DIRECTOR FOUND
GUILTY OF SECTION 490.15 OF  THE  PENAL  LAW  UPON  APPLICATION  TO  THE
SUPREME  COURT BY THE ATTORNEY GENERAL OR THE DISTRICT ATTORNEY SHALL BE
DEEMED IMMEDIATELY DISSOLVED, WITH ITS ASSETS IMMEDIATELY TRANSFERRED TO
THE STATE OF NEW YORK, AND THE STATE COMPTROLLER  UPON  DEPOSITING  SUCH
ASSETS INTO A SEGREGATED ACCOUNT SHALL THEREUPON DISBURSE SUCH ASSETS TO
OTHER  CHARITABLE  ORGANIZATIONS  WHICH  DO  NOT ASSIST, FUND OR SUPPORT
TERRORISM OR  TERRORIST  ACTIVITIES,  UNLESS  THE  SUPREME  COURT  FINDS
COMPELLING  EVIDENCE  THAT  THE  CORPORATION'S EXISTENCE SHOULD BE MAIN-
TAINED AND THE CORPORATION HAS DEMONSTRATED THAT ALL PERSONS INVOLVED IN
THE ACTIVITIES CONSTITUTING A VIOLATION OF THIS SECTION HAVE BEEN PERMA-
NENTLY BARRED FROM EMPLOYMENT, ASSOCIATION, AND/OR ANY INVOLVEMENT  WITH
THE CORPORATION.
  S 3. This act shall take effect January 1, 2010.