S T A T E O F N E W Y O R K
________________________________________________________________________
5977
2009-2010 Regular Sessions
I N A S S E M B L Y
February 23, 2009
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Introduced by M. of A. TOWNS, RAIA, CAHILL, ALFANO, WALKER, DINOWITZ,
JAFFEE, BOYLAND -- Multi-Sponsored by -- M. of A. BENJAMIN, BRADLEY,
BRENNAN, COOK, GIGLIO, GLICK, JOHN, PAULIN, PHEFFER, SWEENEY, TITUS --
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 public pension funds in companies doing business in
Sudan and providing for the repeal of such provisions upon expiration
thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative findings and declaration. The legislature finds
and declares that:
a. On November 3, 1997, the United States imposed sanctions on Sudan,
finding that the policies and actions of the government of Sudan,
including continued support for international terrorism, ongoing efforts
to destabilize neighboring governments, and the prevalence of human
rights violations, including slavery and the denial of religious free-
dom, constituted an unusual and extraordinary threat to national securi-
ty and American foreign policy; and
b. On July 23, 2004, both chambers of the United States Congress unan-
imously adopted a joint resolution condemning the continuing atrocities
in the Darfur region of western Sudan as "genocide" and called upon the
international community to work to end what it termed a humanitarian
catastrophe; and
c. In September 2004 the United States Department of State announced
that genocide had occurred in Darfur, and on June 2, 2005 President Bush
reaffirmed the government's belief that genocide is taking place in
Darfur; and
d. Ongoing violence and lawlessness in the Darfur region has resulted
in estimated civilian deaths ranging from 50,000 to 200,000. Hundreds of
thousands of people have been injured or maimed, nearly 1.5 million
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08041-01-9
A. 5977 2
people are displaced, and the population is afflicted with famine,
malnutrition and illness; and
e. The crisis in the Darfur region has been instigated by, and is
continuing with the support of, the Sudanese government which has delib-
erately attacked and encouraged attacks against its citizens. To this
end, the Sudanese government arms and collaborates with violent militia
groups known as the Janjaweed for the purpose of conducting attacks on
the civilians. The Janjaweed employ a "scorched earth" policy in their
attacks on civilian populations, burning entire villages to the ground,
and displacing or killing the occupants; and
f. In addition, numerous reports and testimony document that rape and
sexual violence against women is systematically and tactically used by
the Janjaweed, and slavery or slavery-like indenture is practiced,
fueled by abductions carried out by the Janjaweed; and
g. The New York State Legislature is deeply disturbed by the continu-
ing violence against and displacement of the civilians of the Darfur
region and believes there is a need for continued and increasing pres-
sure on the Sudanese government to end the genocide and its arming of
the Janjaweed.
S 2. The retirement and social security law is amended by adding a new
section 13-a to read as follows:
S 13-A. INVESTMENTS IN COMPANIES DOING BUSINESS IN SUDAN. A. CONSIST-
ENT WITH HIS OR HER CONSTITUTIONAL AUTHORITY, THE COMPTROLLER MAY, IN
HIS OR HER DISCRETION, AND IN A MANNER CONSISTENT WITH HIS OR HER FIDU-
CIARY DUTY, REFRAIN FROM INVESTING THE FUNDS OF THE RETIREMENT SYSTEM IN
COMPANIES THAT ARE DOING BUSINESS IN SUDAN, OR DIVEST FROM COMPANIES
THAT ARE DOING BUSINESS IN SUDAN.
B. FOR PURPOSES OF THIS SECTION "COMPANIES DOING BUSINESS IN SUDAN"
ARE THOSE COMPANIES THAT THE COMPTROLLER DETERMINES EITHER DIRECTLY OR
THROUGH AN AFFILIATED INSTRUMENTALITY MEET THE FOLLOWING CRITERIA:
1. PROVIDE REVENUES TO THE SUDANESE GOVERNMENT THROUGH BUSINESS WITH
THE GOVERNMENT, GOVERNMENT-OWNED COMPANIES OR GOVERNMENT-CONTROLLED
CONSORTIUMS; AND
2. OFFER LITTLE SUBSTANTIVE BENEFIT TO THOSE OUTSIDE OF THE SUDANESE
GOVERNMENT OR ITS AFFILIATED SUPPORTERS IN KHARTOUM, NORTHERN SUDAN AND
THE NILE RIVER VALLEY; THIS "OUTSIDE" POPULATION SPECIFICALLY INCLUDES
THE COUNTRY'S DISAFFECTED EASTERN, SOUTHERN, AND WESTERN REGIONS; OR
3. HAVE DEMONSTRATED COMPLICITY IN THE DARFUR GENOCIDE.
C. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION B OF THIS SECTION,
COMPANIES DOING BUSINESS IN SUDAN WILL INCLUDE THOSE COMPANIES THAT THE
COMPTROLLER DETERMINES PROVIDE MILITARY EQUIPMENT, ARMS, OR DEFENSE
SUPPLIES TO ANY DOMESTIC PARTY IN SUDAN, INCLUDING THE SUDANESE GOVERN-
MENT AND REBELS, OR ANY EQUIPMENT THAT MAY BE READILY CO-OPTED FOR MILI-
TARY USE, INCLUDING RADAR SYSTEMS AND MILITARY-GRADE TRANSPORT VEHICLES,
UNLESS THAT COMPANY HAS IMPLEMENTED SAFEGUARDS AGAINST SUCH CO-OPTION.
D. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION B OF THIS SECTION,
COMPANIES DOING BUSINESS IN SUDAN SHALL NOT INCLUDE THOSE COMPANIES THAT
THE COMPTROLLER DETERMINES EITHER DIRECTLY OR THROUGH AN AFFILIATED
INSTRUMENTALITY, PROVIDE SERVICES CLEARLY DEDICATED TO SOCIAL DEVELOP-
MENT FOR THE WHOLE COUNTRY. SUCH ENTITIES INCLUDE, BUT ARE NOT LIMITED
TO, THOSE PROVIDING MEDICINE AND MEDICAL EQUIPMENT, AGRICULTURAL
SUPPLIES AND AGRICULTURAL INFRASTRUCTURE, EDUCATIONAL OPPORTUNITIES,
JOURNALISM-RELATED ACTIVITIES, AND GENERAL CONSUMER GOODS.
S 3. The retirement and social security law is amended by adding a new
section 313-a to read as follows:
A. 5977 3
S 313-A. INVESTMENTS IN COMPANIES DOING BUSINESS IN SUDAN. A.
CONSISTENT WITH HIS OR HER CONSTITUTIONAL AUTHORITY, THE COMPTROLLER
MAY, IN HIS OR HER DISCRETION, AND IN A MANNER CONSISTENT WITH HIS OR
HER FIDUCIARY DUTY, REFRAIN FROM INVESTING THE FUNDS OF THE POLICEMEN'S
AND FIREMEN'S RETIREMENT SYSTEM IN COMPANIES THAT ARE DOING BUSINESS IN
SUDAN, OR DIVEST FROM COMPANIES THAT ARE DOING BUSINESS IN SUDAN.
B. FOR PURPOSES OF THIS SECTION "COMPANIES DOING BUSINESS IN SUDAN"
ARE THOSE COMPANIES WHICH THE COMPTROLLER DETERMINES EITHER DIRECTLY OR
THROUGH AN AFFILIATED INSTRUMENTALITY MEET THE FOLLOWING CRITERIA:
1. PROVIDE REVENUES TO THE SUDANESE GOVERNMENT THROUGH BUSINESS WITH
THE GOVERNMENT, GOVERNMENT-OWNED COMPANIES OR GOVERNMENT-CONTROLLED
CONSORTIUMS; AND
2. OFFER LITTLE SUBSTANTIVE BENEFIT TO THOSE OUTSIDE OF THE SUDANESE
GOVERNMENT OR ITS AFFILIATED SUPPORTERS IN KHARTOUM, NORTHERN SUDAN AND
THE NILE RIVER VALLEY; THIS "OUTSIDE" POPULATION SPECIFICALLY INCLUDES
THE COUNTRY'S DISAFFECTED EASTERN, SOUTHERN, AND WESTERN REGIONS; OR
3. HAVE DEMONSTRATED COMPLICITY IN THE DARFUR GENOCIDE.
C. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION B OF THIS SECTION,
COMPANIES DOING BUSINESS IN SUDAN WILL INCLUDE THOSE COMPANIES THAT THE
COMPTROLLER DETERMINES PROVIDE MILITARY EQUIPMENT, ARMS, OR DEFENSE
SUPPLIES TO ANY DOMESTIC PARTY IN SUDAN, INCLUDING THE SUDANESE GOVERN-
MENT AND REBELS, OR ANY EQUIPMENT THAT MAY BE READILY CO-OPTED FOR MILI-
TARY USE, INCLUDING RADAR SYSTEMS AND MILITARY-GRADE TRANSPORT VEHICLES,
UNLESS THAT COMPANY HAS IMPLEMENTED SAFEGUARDS AGAINST SUCH CO-OPTION.
D. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION B OF THIS SECTION,
COMPANIES DOING BUSINESS IN SUDAN SHALL NOT INCLUDE THOSE COMPANIES THAT
THE COMPTROLLER DETERMINES EITHER DIRECTLY OR THROUGH AN AFFILIATED
INSTRUMENTALITY, PROVIDE SERVICES CLEARLY DEDICATED TO SOCIAL DEVELOP-
MENT FOR THE WHOLE COUNTRY. SUCH ENTITIES INCLUDE, BUT ARE NOT LIMITED
TO, THOSE PROVIDING MEDICINE AND MEDICAL EQUIPMENT, AGRICULTURAL
SUPPLIES AND AGRICULTURAL INFRASTRUCTURE, EDUCATIONAL OPPORTUNITIES,
JOURNALISM-RELATED ACTIVITIES, AND GENERAL CONSUMER GOODS.
S 4. A representative from the office of the comptroller shall appear
before the state senate's civil service and pensions committee and the
assembly's governmental employees committee to discuss progress on Sudan
divestment, within one year of the effective date of this act. A repre-
sentative from the office of the comptroller shall submit a report to
the legislature at the time of such appearance that includes:
a. all communications with companies that are under consideration for
divestment pursuant to this act; and
b. all options explored for divesting from such companies.
S 5. This act shall take effect immediately and shall expire and be
deemed repealed upon the earliest of the following:
(1) three years from the effective date of this act;
(2) the government of Sudan halts the genocide in Darfur for 12 months
as determined by both the Department of State and the Congress of the
United States; or
(3) the United States revokes its current sanctions against Sudan; and
the comptroller shall notify the legislative bill drafting commission
upon the occurrence of either of the events described in subdivisions
two or three of this section in order that the commission may maintain
an accurate and timely effective data base of the official text of the
laws of the state of New York in furtherance of effecting the provisions
of section 44 of the legislative law and section 70-b of the public
officers law.