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.