STATE OF NEW YORK
________________________________________________________________________
7882
2011-2012 Regular Sessions
IN ASSEMBLY
May 20, 2011
___________
Introduced by M. of A. ORTIZ -- 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:
1 Section 1. Section 490.15 of the penal law, as added by chapter 300
2 of the laws of 2001, is amended to read as follows:
3 § 490.15 Soliciting or providing support for an act of terrorism in the
4 first degree.
5 A person commits soliciting or providing support for an act of terror-
6 ism in the first degree when:
7 1. he or she commits the crime of soliciting or providing support for
8 an act of terrorism in the second degree and the total value of material
9 support or resources exceeds one thousand dollars; or
10 2. he or she, as an officer or director of a not-for-profit corpo-
11 ration, knowingly permits such corporation to assist, fund or support
12 terrorism.
13 Soliciting or providing support for an act of terrorism in the first
14 degree is a class C felony.
15 § 2. Section 115 of the not-for-profit corporation law, as added by
16 chapter 669 of the laws of 1977, is amended to read as follows:
17 § 115. Power to solicit contributions for charitable purposes.
18 (a) Solicitation of contributions for charitable purposes. No corpo-
19 ration having the power to solicit contributions for charitable purposes
20 may solicit contributions for any purpose for which approval of such
21 solicitation is required under the provisions of section four hundred
22 four of this chapter unless the certificate specifically makes provision
23 for such solicitation and the required written approval is endorsed on
24 or annexed to such certificate or unless the corporation is among those
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05507-02-1
A. 7882 2
1 referred to in section one hundred seventy-two-a of the executive law.
2 If such approval is not obtained and the corporation continues to solic-
3 it or to receive contributions for such purpose or advertises that it
4 has obtained such approval, the attorney general, at the request of the
5 officer or body authorized to grant such approval, shall maintain an
6 action or proceeding pursuant to the provisions of subparagraph one of
7 paragraph (a) of section one hundred twelve of this [chapter] article.
8 Such an action may also be maintained in relation to a corporation here-
9 inafter incorporated if the name, purposes, objects or the activities of
10 such corporation may, in any manner, lead to the belief that the corpo-
11 ration possesses or may exercise any of such purposes.
12 (b) Contributions solicited for or transferred to organizations that
13 support terrorism prohibited. No corporation formed under this chapter
14 shall solicit contributions for or transfer any monies to any person or
15 organization which assists, funds or supports terrorism or terrorist
16 activities. "Terrorism and terrorist activities" for the purposes of
17 this paragraph, shall include any act or threat of an act of violence
18 directed against the United States, any state or local government, or
19 against any person or property within the United States, if such act or
20 threat of an act of violence is motivated by religious, cultural or
21 political ideology. For the purposes of this paragraph, "assistance,
22 funding or support of terrorism" shall include any activity which could
23 assist the advancement, planning, operation, conduct or advocacy of
24 terrorism or terrorist activities, including the assistance, funding or
25 supporting or any educational, religious, cultural or political organ-
26 ization, or person officially affiliated with such organization, which
27 advocates the advancement, planning, operation, conduct or advocacy of
28 terrorism or terrorist activities. The attorney general and/or the state
29 comptroller, upon probable cause, may audit and investigate any corpo-
30 ration formed under this chapter, suspected of violating the provisions
31 of this section. Upon the conduct of such audit or investigation, the
32 attorney general and state comptroller shall be permitted full and unre-
33 stricted access to all records, papers and accounts of such corporation,
34 and shall also be empowered to depose under oath, any officer, director
35 or employee of such corporation. The attorney general shall also have
36 the power, as shall the district attorney of the county in which the
37 corporation maintains its offices, to prosecute any violation of this
38 section. Any corporation found to have violated the provisions of this
39 section, and/or any corporation which has an officer or director found
40 guilty of soliciting or providing support for an act of terrorism in the
41 first degree as defined in section 490.15 of the penal law upon applica-
42 tion to the supreme court by the attorney general or the district attor-
43 ney shall be deemed immediately dissolved, with its assets immediately
44 transferred to the state of New York, and the state comptroller upon
45 depositing such assets into a segregated account shall thereupon
46 disburse such assets to other charitable organizations which do not
47 assist, fund or support terrorism or terrorist activities, unless the
48 supreme court finds compelling evidence that the corporation's existence
49 should be maintained and the corporation has demonstrated that all
50 persons involved in the activities constituting a violation of this
51 section have been permanently barred from employment, association,
52 and/or any involvement with the corporation.
53 § 3. This act shall take effect January 1, 2012.
