A03647 Summary:

BILL NO    A03647 

SAME AS    SAME AS S02978

SPONSOR    Camara (MS)

COSPNSR    Kellner, Rivera, Jacobs, Johns, Dinowitz, Jaffee, Millman,
           Scarborough

MLTSPNSR   Cook, Finch, Giglio, Glick, Gottfried, Gunther, Hikind, Kolb, Markey,
           McDonough, Miller, Nolan, O'Donnell, Paulin, Robinson, Rosenthal,
           Sweeney, Thiele, Weisenberg

Add S177-e, R & SS L

Prohibits the investment of public pension funds in entities doing business in
Sudan.
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A03647 Actions:

BILL NO    A03647 

01/28/2013 referred to governmental employees
01/08/2014 referred to governmental employees
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A03647 Votes:

There are no votes for this bill in this legislative session.
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A03647 Memo:

BILL NUMBER:A3647

TITLE OF BILL:
An act
to amend the retirement and social security law, in relation to
prohibiting the investment of public pension funds in any entity doing
business in Sudan

PURPOSE OR GENERAL IDEA OF BILL:

This bill would prohibit the investment of public pension funds in
entities doing business in Sudan, and would require any trustee or
trustees of Sudanese investment to withdraw any such investments
within sixty days of effective date.

JUSTIFICATION:

This bill is proposed in response to the ongoing genocide in the
Sudan. The Sudanese government has not fulfilled previously made
promises to end the 20-year civil war between the government and the
Sudan People's Liberation Movement/Army, and continues to severely
limit the religious freedom of the Sudanese people. The Sudanese
government further infringes upon basic human rights by engaging in
arbitrary arrest, prolonged detention, extra-judicial killings,
torture and rape, as well as failing to put an end to the slavery and
slavery-like indenture of the Sudanese people. In addition, the
government violates the rules of war by deliberately attacking
civilians, and is responsible for the war and famine-related effects
that have led to more than two million deaths and the displacement of
over four million people.

This bill is an effort to end the genocide in Sudan, especially in the
Dar Fur region, by cutting off funding from New York investment. By
amending the retirement and social security law and prohibiting
Sudanese investment, a message is sent to the Sudanese government
that reiterates the American position against the genocide in Sudan.

PRIOR LEGISLATIVE HISTORY:

02/02/2011 Referred to Governmental Employees
01/04/2012 Referred to Governmental Employees
05/01/2012 Held for consideration in governmental employees

EFFECTIVE DATE:

This act shall take effect immediately.
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A03647 Text:

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

                                         3647

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                   January 28, 2013
                                      ___________

       Introduced  by  M. of A. CAMARA, KELLNER, RIVERA, MAISEL, JACOBS, JOHNS,
         DINOWITZ, JAFFEE, MILLMAN, SCARBOROUGH -- Multi-Sponsored by -- M.  of
         A.  COOK,  FINCH,  GIGLIO,  GLICK,  GOTTFRIED,  GUNTHER, HIKIND, KOLB,
         MARKEY, McDONOUGH, MILLER, NOLAN, O'DONNELL, PAULIN, ROBINSON,  ROSEN-
         THAL,  SWEENEY,  THIELE,  WEISENBERG  -- read once and referred to the
         Committee on Governmental Employees

       AN ACT to amend the retirement and social security law, in  relation  to
         prohibiting the investment of public pension funds in any entity doing
         business in Sudan

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

    1    Section 1. Legislative findings. The legislature  finds  and  declares
    2  that:
    3    a.  It  is  deeply  concerned  over the poor human rights situation in
    4  Sudan, calls for stepped-up international efforts to end the  crisis  in
    5  Sudan's  Darfur  region  and concurs with United States policy which has
    6  officially declared that genocide is ongoing in Sudan;
    7    b. Despite significant pressure from the United States government, the
    8  government of Sudan has not taken all the necessary actions to  disasso-
    9  ciate itself fully from its ties to terrorism;
   10    c.  The government of Sudan places severe limitations on the political
   11  and religious freedoms  of  the  Sudanese  people  despite  promises  of
   12  improvement and pledges to end the 20-year civil war between the govern-
   13  ment and the Sudan People's Liberation Movement/Army;
   14    d.  The  government of Sudan violates the rules of war by deliberately
   15  attacking civilians and, since 1983, the war and famine-related  effects
   16  have  led  to  more than two million deaths and over four million people
   17  displaced;
   18    e. The government of Sudan continues to engage  in  arbitrary  arrest,
   19  prolonged  detention,  extra-judicial  killings, torture and rape of the
   20  Sudanese people and apostasy from Islam is punishable by death;

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06048-01-3
       A. 3647                             2

    1    f. Severe restrictions are placed on the freedoms of assembly, associ-
    2  ation, movement, and speech and  the  government  actively  censors  the
    3  press;
    4    g.  The most sobering violation of human rights in Sudan is the exist-
    5  ence of slavery or slavery-like indenture and the pro-government militia
    6  continues to engage in abduction and slavery with impunity;
    7    h. The 2002 Machakos Protocol, signed by both sides in the  civil  war
    8  in  Sudan, has recognized that "Sudan is a multi-cultural, multi-racial,
    9  multi-ethnic, multi-religious,  and  multi-lingual  country,"  and  that
   10  there  "shall be freedom of belief, worship and conscience for followers
   11  of all religions or beliefs or customs and no one shall be discriminated
   12  against on such grounds" once a peace agreement is signed; and
   13    i. It is in the best interest of this state that a statutory  prohibi-
   14  tion  be  enacted  to prohibit the investment of public pension funds in
   15  companies doing business in Sudan given the poor human rights  situation
   16  in Sudan and the lack of signs of improvement.
   17    S 2. The retirement and social security law is amended by adding a new
   18  section 177-e to read as follows:
   19    S  177-E.  INVESTMENT BARRED IN SUDAN. 1. THE TRUSTEE OR TRUSTEES OF A
   20  FUND SHALL NOT MAKE ANY INVESTMENT IN ANY  SECURITY,  OBLIGATION,  MORT-
   21  GAGE,  BOND  OR NOTE OF ANY BANK, FINANCIAL INSTITUTION OR OTHER ENTITY,
   22  OR OF ANY SUBSIDIARY THEREOF, WHICH IS ENGAGED IN BUSINESS  IN  OR  WITH
   23  SUDAN OR ITS INSTRUMENTALITIES.
   24    2.  EVERY  SUCH  TRUSTEE  OR  TRUSTEES SHALL, WITHIN SIXTY DAYS OF THE
   25  EFFECTIVE DATE OF THIS SECTION, TAKE APPROPRIATE ACTION TO SELL, REDEEM,
   26  DIVEST OR WITHDRAW ANY INVESTMENT MADE PRIOR TO THE  EFFECTIVE  DATE  OF
   27  THIS SECTION WHICH IS IN VIOLATION OF SUBDIVISION ONE OF THIS SECTION.
   28    S 3. This act shall take effect immediately.
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