Bill Text: NY S05294 | 2011-2012 | General Assembly | Introduced
Bill Title: Relates to prohibiting funding of terrorist activities through donations to not-for-profit organizations and requires not-for-profit corporations to file reports when conducting business with certain countries.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2012-06-06 - REPORTED AND COMMITTED TO FINANCE [S05294 Detail]
Download: New_York-2011-S05294-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 5294 2011-2012 Regular Sessions I N S E N A T E May 3, 2011 ___________ Introduced by Sen. BALL -- read twice and ordered printed, and when printed to be committed to the Committee on Veterans, Homeland Securi- ty and Military Affairs AN ACT to amend the executive law, 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. The executive law is amended by adding a new section 718 to 2 read as follows: 3 S 718. REPORTS OF NOT-FOR-PROFIT CORPORATIONS. 1. EVERY NOT-FOR-PROFIT 4 CORPORATION SHALL QUARTERLY FILE A DETAILED REPORT WITH THE DIVISION OF 5 HOMELAND SECURITY AND EMERGENCY SERVICES, IF SUCH CORPORATION CONDUCTS 6 BUSINESS WITH, RECEIVES MONIES FROM, OR TRANSFERS MONIES TO, ANY PERSON, 7 FIRM, BUSINESS, CORPORATION, GOVERNMENT OR CHARITABLE INSTITUTION OR 8 SERVICE IN AFGHANISTAN, PAKISTAN, IRAN, SYRIA, YEMEN, LEBANON, IRAQ, 9 EGYPT, SAUDI ARABIA, LIBYA, NIGERIA, SOMALIA, ALGERIA, RUSSIA, PERU, 10 PHILIPPINES, MALI, INDONESIA, OR MALAYSIA. THE FORM OF SUCH DETAILED 11 REPORT, WHICH SHALL CONTAIN THE NATURE OF THE BUSINESS CONDUCTED, THE 12 AMOUNTS OF MONIES RECEIVED AND TRANSFERRED, AND THE PURPOSES FOR SUCH 13 ACTIVITIES, AS WELL AS ALL OTHER MATTERS OF INTEREST TO THE DIVISION, 14 SHALL BE ESTABLISHED BY REGULATIONS PROMULGATED BY THE DIVISION. THE 15 COMMISSIONER OF THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES 16 MAY ACCEPT A SIMULTANEOUS FILING OF ALL DOCUMENTS REQUIRED TO BE FILED 17 BY SUCH CORPORATION WITH THE DEPARTMENT OF LAW'S BUREAU OF CHARITIES IN 18 LIEU OF, OR IN ADDITION TO, THE FILING OF THE DETAILED REPORT. 19 2. ANY OFFICER, DIRECTOR OR EMPLOYEE OF A NOT-FOR-PROFIT CORPORATION, 20 WHO FAILS TO MAKE A REQUIRED FILING PURSUANT TO SUBDIVISION ONE OF THIS 21 SECTION SHALL BE SUBJECT TO A CIVIL PENALTY NOT TO EXCEED TWO THOUSAND 22 FIVE HUNDRED DOLLARS. ANY OFFICER, DIRECTOR OR EMPLOYEE OF A 23 NOT-FOR-PROFIT CORPORATION, WHO KNOWINGLY FAILS TO MAKE A REQUIRED EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11287-01-1 S. 5294 2 1 FILING PURSUANT TO SUBDIVISION ONE OF THIS SECTION SHALL BE GUILTY OF A 2 CLASS A MISDEMEANOR. 3 S 2. Section 490.15 of the penal law, as added by chapter 300 of the 4 laws of 2001, is amended to read as follows: 5 S 490.15 Soliciting or providing support for an act of terrorism in the 6 first degree. 7 A person commits soliciting or providing support for an act of terror- 8 ism in the first degree when: 9 1. he or she commits the crime of soliciting or providing support for 10 an act of terrorism in the second degree and the total value of material 11 support or resources exceeds one thousand dollars; OR 12 2. HE OR SHE, AS AN OFFICER OR DIRECTOR OF A NOT-FOR-PROFIT CORPO- 13 RATION, KNOWINGLY PERMITS SUCH CORPORATION TO ASSIST, FUND OR SUPPORT 14 TERRORISM. 15 Soliciting or providing support for an act of terrorism in the first 16 degree is a class C felony. 17 S 3. Section 115 of the not-for-profit corporation law, as added by 18 chapter 669 of the laws of 1977, is amended to read as follows: 19 S 115. Power to solicit contributions for charitable purposes. 20 (A) SOLICITATION OF CONTRIBUTIONS FOR CHARITABLE PURPOSES. No corpo- 21 ration having the power to solicit contributions for charitable purposes 22 may solicit contributions for any purpose for which approval of such 23 solicitation is required under the provisions of section four hundred 24 four of this chapter unless the certificate specifically makes provision 25 for such solicitation and the required written approval is endorsed on 26 or annexed to such certificate or unless the corporation is among those 27 referred to in section one hundred seventy-two-a of the executive law. 28 If such approval is not obtained and the corporation continues to solic- 29 it or to receive contributions for such purpose or advertises that it 30 has obtained such approval, the attorney general, at the request of the 31 officer or body authorized to grant such approval, shall maintain an 32 action or proceeding pursuant to the provisions of subparagraph one of 33 paragraph (a) of section one hundred twelve of this [chapter] ARTICLE. 34 Such an action may also be maintained in relation to a corporation here- 35 inafter incorporated if the name, purposes, objects or the activities of 36 such corporation may, in any manner, lead to the belief that the corpo- 37 ration possesses or may exercise any of such purposes. 38 (B) CONTRIBUTIONS SOLICITED FOR, OR TRANSFERRED TO, ORGANIZATIONS THAT 39 SUPPORT TERRORISM PROHIBITED. NO CORPORATION FORMED UNDER THIS CHAPTER 40 SHALL SOLICIT CONTRIBUTIONS FOR, OR TRANSFER ANY MONIES TO, ANY PERSON 41 OR ORGANIZATION WHICH ASSISTS, FUNDS OR SUPPORTS TERRORISM OR TERRORIST 42 ACTIVITIES. TERRORISM AND TERRORIST ACTIVITIES FOR THE PURPOSES OF THIS 43 SECTION, SHALL INCLUDE ANY ACT, OR THREAT OF AN ACT, OF VIOLENCE 44 DIRECTED AGAINST THE UNITED STATES, ANY STATE, OR LOCAL GOVERNMENT, OR 45 AGAINST ANY PERSON OR PROPERTY WITHIN THE UNITED STATES, IF SUCH ACT, OR 46 THREAT OF AN ACT, OF VIOLENCE IS MOTIVATED BY RELIGIOUS, CULTURAL OR 47 POLITICAL IDEOLOGY. FOR THE PURPOSES OF THIS SECTION, THE ASSISTANCE, 48 FUNDING OR SUPPORT OF TERRORISM SHALL INCLUDE ANY ACTIVITY WHICH COULD 49 ASSIST THE ADVANCEMENT, PLANNING, OPERATION, CONDUCT OR ADVOCACY OF 50 TERRORISM OR TERRORIST ACTIVITIES, INCLUDING THE ASSISTANCE, FUNDING OR 51 SUPPORTING OF ANY EDUCATIONAL, RELIGIOUS, CULTURAL OR POLITICAL ORGAN- 52 IZATION, OR PERSON OFFICIALLY AFFILIATED WITH SUCH ORGANIZATION, WHICH 53 ADVOCATES THE ADVANCEMENT, PLANNING, OPERATION, CONDUCT OR ADVOCACY OF 54 TERRORISM OR TERRORIST ACTIVITIES. THE ATTORNEY GENERAL AND/OR THE STATE 55 COMPTROLLER, UPON PROBABLE CAUSE, MAY AUDIT AND INVESTIGATE ANY CORPO- 56 RATION FORMED UNDER THIS CHAPTER, SUSPECTED OF VIOLATING THE PROVISIONS S. 5294 3 1 OF THIS SECTION. UPON THE CONDUCT OF SUCH AUDIT OR INVESTIGATION, THE 2 ATTORNEY GENERAL AND STATE COMPTROLLER SHALL BE PERMITTED FULL AND UNRE- 3 STRICTED ACCESS TO ALL RECORDS, PAPERS AND ACCOUNTS OF SUCH CORPORATION, 4 AND SHALL ALSO BE EMPOWERED TO DEPOSE UNDER OATH, ANY OFFICER, DIRECTOR 5 OR EMPLOYEE OF SUCH CORPORATION. THE ATTORNEY GENERAL SHALL ALSO HAVE 6 THE POWER, AS SHALL THE DISTRICT ATTORNEY OF THE COUNTY IN WHICH THE 7 CORPORATION MAINTAINS ITS OFFICES, TO PROSECUTE ANY VIOLATION OF THIS 8 SECTION. ANY CORPORATION FOUND TO HAVE VIOLATED THE PROVISIONS OF THIS 9 SECTION, AND/OR ANY CORPORATION WHICH HAS AN OFFICER OR DIRECTOR FOUND 10 GUILTY OF SECTION 490.15 OF THE PENAL LAW UPON APPLICATION TO THE 11 SUPREME COURT BY THE ATTORNEY GENERAL OR THE DISTRICT ATTORNEY SHALL BE 12 DEEMED IMMEDIATELY DISSOLVED, WITH ITS ASSETS IMMEDIATELY TRANSFERRED TO 13 THE STATE OF NEW YORK, AND THE STATE COMPTROLLER UPON DEPOSITING SUCH 14 ASSETS INTO A SEGREGATED ACCOUNT SHALL THEREUPON DISBURSE SUCH ASSETS TO 15 OTHER CHARITABLE ORGANIZATIONS WHICH DO NOT ASSIST, FUND OR SUPPORT 16 TERRORISM OR TERRORIST ACTIVITIES, UNLESS THE SUPREME COURT FINDS 17 COMPELLING EVIDENCE THAT THE CORPORATION'S EXISTENCE SHOULD BE MAIN- 18 TAINED AND THE CORPORATION HAS DEMONSTRATED THAT ALL PERSONS INVOLVED IN 19 THE ACTIVITIES CONSTITUTING A VIOLATION OF THIS SECTION HAVE BEEN PERMA- 20 NENTLY BARRED FROM EMPLOYMENT, ASSOCIATION, AND/OR ANY INVOLVEMENT WITH 21 THE CORPORATION. 22 S 4. This act shall take effect January 1, 2012.