BILL NO A03647
SAME AS SAME AS S02978
SPONSOR Camara (MS)
COSPNSR Kellner, Rivera, Maisel, 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.
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.
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.
