Bill Text: NY A05913 | 2013-2014 | General Assembly | Introduced


Bill Title: Relates to prohibiting funding of terrorist activities through donations to not-for-profit organizations.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2014-01-08 - referred to codes [A05913 Detail]

Download: New_York-2013-A05913-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5913
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                     March 8, 2013
                                      ___________
       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  S  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    S 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  S 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.
                                                                  LBD05861-02-3
       A. 5913                             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    S 3. This act shall take effect January 1, 2014.
feedback