NY State Senate Bill S7194

Archive: Last Bill Status - In Senate Committee Civil Service And Pensions Committee

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
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Signed/Vetoed by Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to civil service and pensions

Co-Sponsors

S7194 (ACTIVE) - Details

See Assembly Version of this Bill:: A9015
Current Committee:: Senate Civil Service And Pensions
Law Section:: Retirement and Social Security Law
Laws Affected:: Add §423-d, R & SS L

S7194 (ACTIVE) - Summary

Relates to prohibiting the investment of common retirement funds in stocks, securities or other obligations of any institution, company, or subsidiary that owns or invests in a for-profit institution that owns or contracts with a government to manage or run a prison.

S7194 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S7194

SPONSOR: BENJAMIN
 
TITLE OF BILL:  An act to amend the retirement and social security
law, in relation to prohibiting the investment of common retirement
funds in private prisons

 
PURPOSE:

To require the Common Retirement Fund to divest from any active or
passive investments in private prisons

 
SUMMARY OF PROVISIONS:

Section one of this bill amends the retirement and social security law
by adding a new subdivision 43-d, which would prohibit the Common
Retirement Fund from investing in any company that owns or invests in a
for-profit institution that owns or contracts with a government to
manage or run a prison. No later than one year after the effective date,
the Comptroller would be required to divest all assets held by the
Common Retirement Fund that otherwise violate the above provision.

Provided, however, that the Comptroller determine what date sale will be
effectuated within the one year time frame on the basis of ensuring that
sale of such assets is not effectuated at a loss compared to value of
the assets on the date of purchase. The Comptroller shall be required to
report to the Legislature progress in divesting from such investments
and reasons, if applicable, why sale has not occurred within six months
of the effective date.

 
JUSTIFICATION:

The private prison industry's explosive growth is a direct result of the
racially unjust stricter sentencing laws of the 1980's and 1990's. The
correctional system's aim is to protect the public by deterring crime
and removing and rehabilitating those who commit crimes. Yet, over the
years, the for-profit prison industry has been a barrier to this aim.
The industry has seen a litany of abuses, as profit-motive leads prison
managers to provide inadequate and questionable standards for the hous-
ing of prison inmates. In 2016, the United States Department of Justice
found that for-profit prisons do not provide the same level of correc-
tional services, programs, and resources, nor did for-profit prisons
save taxpayer dollars. While the election of President Trump stalled
proposed reforms at the federal level on the use of private prisons, New
York can and should take the lead in curbing their use.

The negative social cost associated with this industry's activities
makes the State of New York's investment in this industry an irresponsi-
ble one. Divestment of public pension assets from for-profit prisons
would help curb the use of private prisons by removing a large chunk of
funds from their control, and removing tacit support of the state of New
York for their practices. In 2017, New York City Comptroller Scott
Stringer announced that the City pension investments in private prisons
would be liquidated. Similar divestment by the State Comptroller of the
Common Retirement Fund would make an even bigger economic impact. Comp-
troller Dinapoli has already moved to liquidate shares of particularly
notorious for-profit prison companies, but this legislation would ensure
total liquidation and prohibit any future Comptroller from reinvesting
in this notorious industry.

 
PRIOR LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately.

S7194 (ACTIVE) - Bill Text download pdf


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

                                  7194

                            I N  S E N A T E

                               (PREFILED)

                             January 3, 2018
                               ___________

Introduced  by Sen. BENJAMIN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Civil Service and Pensions

AN ACT to amend the retirement and social security law, in  relation  to
  prohibiting the investment of common retirement funds in private pris-
  ons

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

  Section 1. The retirement and social security law is amended by adding
a new section 423-d to read as follows:
  § 423-D. INVESTMENTS IN PRIVATE PRISONS. 1. NO MONIES  OF  THE  COMMON
RETIREMENT  FUND  SHALL  BE INVESTED IN THE STOCKS, SECURITIES, OR OTHER
OBLIGATIONS OF ANY INSTITUTION, COMPANY,  OR  SUBSIDIARY  THAT  OWNS  OR
INVESTS  IN  A  FOR-PROFIT  INSTITUTION  THAT  OWNS  OR CONTRACTS WITH A
GOVERNMENT TO MANAGE OR RUN A PRISON.
  2. NOTWITHSTANDING ANY OTHER PROVISION OF  LAW  TO  THE  CONTRARY,  NO
LATER  THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS ACT, ANY MONEYS OR
ASSETS OF THE COMMON RETIREMENT FUND WHICH SHALL REMAIN OR  BE  INVESTED
IN  THE  STOCKS,  SECURITIES,  OR  OTHER OBLIGATIONS OF ANY INSTITUTION,
COMPANY, OR SUBSIDIARY OF A COMPANY THAT OWNS OR INVESTS IN A FOR-PROFIT
INSTITUTION THAT OWNS OR CONTRACTS WITH A GOVERNMENT TO MANAGE OR RUN  A
PRISON SHALL BE WITHDRAWN.
  3. THE COMPTROLLER SHALL, IN ACCORDANCE WITH SOUND INVESTMENT CRITERIA
AND  CONSISTENT  WITH  HIS OR HER FIDUCIARY OBLIGATIONS, DIVEST ANY SUCH
STOCKS, SECURITIES, OR OTHER OBLIGATIONS WHETHER THEY ARE OWNED DIRECTLY
OR HELD THROUGH SEPARATE ACCOUNTS OR ANY  COMMINGLED  FUNDS.  THE  COMP-
TROLLER  SHALL  STRIVE  TO  MAXIMIZE  THE  POTENTIAL VALUE OF ALL ASSETS
LIQUIDATED UNDER THIS SECTION IN DETERMINING WHAT POINT TO CONDUCT  SALE
OR  LIQUIDATION,  AND MAY EFFECTUATE SALE OF ASSETS PURSUANT TO SUBDIVI-
SION TWO OF THIS SECTION AT ANY POINT WITHIN ONE YEAR AFTER  THE  EFFEC-
TIVE  DATE  OF  THIS ACT ON THE BASIS OF POTENTIAL LOSS FROM THE SALE OF
THE RELEVANT ASSETS COMPARED TO THE VALUE OF THE ASSETS AT THE  TIME  OF
PURCHASE. PROVIDED, HOWEVER, THAT IF THE VALUE OF THE ASSETS ARE GREATER

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD14057-01-7

S. 7194                             2

ON  THE  EFFECTIVE  DATE  OF  THIS ACT THAN ON THE DATE OF PURCHASE, THE
COMPTROLLER SHALL BEGIN SALE OR LIQUIDATION OF SUCH ASSETS IMMEDIATELY.
  4.  ON  OR BEFORE SIX MONTHS AFTER THE EFFECTIVE DATE OF THIS ACT, THE
COMPTROLLER SHALL ISSUE A REPORT TO THE GOVERNOR, THE  TEMPORARY  PRESI-
DENT  OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY AND SHALL MAKE SUCH
REPORT PUBLICLY AVAILABLE ON ALL ACTIONS TAKEN PURSUANT TO THIS SECTION,
INCLUDING INVESTMENT ACTIONS TAKEN AND, IF  INVESTMENT  ACTION  HAS  NOT
BEEN  TAKEN  PURSUANT  TO SUBDIVISION THREE OF THIS SECTION, THE REASONS
FOR THE COMPTROLLER'S INACTION AND PLANS FOR FULL COMPLIANCE  WITH  THIS
SECTION.
  § 2. This act shall take effect immediately.

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The New York State Senate

senate Bill S7194

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Archive: Last Bill Status - In Senate Committee Civil Service And Pensions Committee

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Co-Sponsors

S7194 (ACTIVE) - Details

S7194 (ACTIVE) - Summary

S7194 (ACTIVE) - Sponsor Memo

S7194 (ACTIVE) - Bill Text download pdf

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senate Bill S7194

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Archive: Last Bill Status - In Senate Committee Civil Service And Pensions Committee

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Co-Sponsors

S7194 (ACTIVE) - Details

S7194 (ACTIVE) - Summary

S7194 (ACTIVE) - Sponsor Memo

S7194 (ACTIVE) - Bill Text download pdf

Comments