S T A T E O F N E W Y O R K
________________________________________________________________________
5020
2009-2010 Regular Sessions
I N A S S E M B L Y
February 10, 2009
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Introduced by M. of A. SEMINERIO -- read once and referred to the
Committee on Higher Education
AN ACT to amend the education law, in relation to prohibiting financing
political organizations through mandatory student fees by state
universities and colleges
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative findings. The legislature hereby finds and
declares that the trustees of the state university of New York should
not authorize or permit student governments at any state university of
New York, city university of New York or community college campus to
subsidize political organizations or political groups through mandatory
student fees. Under the education law, the trustees may permit student
governments to impose a mandatory student fee. This fee, which all
students must pay, is intended to support programs of an educational,
cultural, recreational, and social nature on college campuses. A
student's failure to pay this fee will prompt administrative officers of
the university or college to withhold grades or transcript of credits
until payment is made. Recently, student governments have been subsidiz-
ing political organizations and political groups that spend student fees
off campus. These organizations and groups use student money to promote
political causes that run contrary to the interests of many students. If
the fee were not mandatory, many students would refuse to contribute
their money to these organizations and groups. This act will prohibit
state university trustees from allowing any moneys received by state
university of New York, city university of New York or community college
student governments to be used to finance any political organization or
group.
S 2. Section 355 of the education law is amended by adding a new
subdivision 20 to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08114-01-9
A. 5020 2
20. A. AS USED IN THIS SUBDIVISION, THESE TERMS SHALL HAVE THE FOLLOW-
ING MEANINGS:
(1) "MANDATORY FEE" MEANS THE INVOLUNTARY COLLECTION OF MONEY FROM
STUDENTS BY A COLLEGE ADMINISTRATION TO FUND THE STUDENT GOVERNMENT, OR
ANY OTHER STUDENT REPRESENTATIVE BODY, THAT IS USED FOR THE PURPOSES OF
FINANCING CAMPUS ACTIVITIES.
(2) "POLITICAL ORGANIZATION" MEANS ANY ORGANIZATION THAT IS DIRECTLY
CONCERNED WITH INFLUENCING PUBLIC POLICY OR POLITICAL CAMPAIGNS OR
ENGAGES IN LOBBYING ACTIVITIES, AS DEFINED IN SECTION ONE-C OF THE
LEGISLATIVE LAW WHETHER OR NOT SUCH ORGANIZATION IS REGISTERED WITH THE
COMMISSION ON PUBLIC INTEGRITY.
(3) "POLITICAL GROUP" MEANS ANY ORGANIZATION THAT IS AFFILIATED WITH
AN ESTABLISHED OR RECOGNIZED POLITICAL PARTY.
(4) "OPTIONAL FEE" MEANS ANY MONEY VOLUNTARILY COLLECTED FROM STUDENTS
BY A COLLEGE ADMINISTRATION.
B. MONEYS RECEIVED BY ANY STATE UNIVERSITY OF NEW YORK ADMINISTRATION,
FROM THE COLLECTION OF MANDATORY FEES SHALL NOT BE USED TO SUBSIDIZE OR
FINANCIALLY SUPPORT ANY POLITICAL GROUP OR POLITICAL ORGANIZATION THAT
IS CONCERNED WITH INFLUENCING PUBLIC POLICY OTHER THAN THE STUDENT ASSO-
CIATION OR ANY OTHER ORGANIZATION WHICH PERTAINS EXCLUSIVELY TO SUCH
STATE UNIVERSITY OF NEW YORK. NOTHING IN THIS SECTION SHALL PRECLUDE THE
COLLECTION OF OPTIONAL FEES FOR POLITICAL ORGANIZATIONS WHICH MAY EMPLOY
LEGISLATIVE AGENTS OR ATTEMPT TO INFLUENCE LEGISLATION. THESE OPTIONAL
FEES MAY BE COLLECTED BY THE STUDENT GOVERNMENT OR ANY OTHER STUDENT
REPRESENTATIVE IF THE STUDENTS AT THE INSTITUTION HAVE AUTHORIZED AN
OPTIONAL FEE EXPRESSLY TO FUND SUCH ORGANIZATIONS BY A MAJORITY VOTE OF
THOSE STUDENTS VOTING IN AN OFFICIAL STUDENT REFERENDUM OR STUDENT
ELECTION.
S 3. Section 6215 of the education law is amended by adding a new
subdivision 4 to read as follows:
4. A. AS USED IN THIS SUBDIVISION, THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
(1) "MANDATORY FEE" MEANS THE INVOLUNTARY COLLECTION OF MONEY FROM
STUDENTS BY A COLLEGE ADMINISTRATION TO FUND THE STUDENT GOVERNMENT, OR
ANY OTHER STUDENT REPRESENTATIVE BODY, THAT IS USED FOR THE PURPOSES OF
FINANCING CAMPUS ACTIVITIES.
(2) "POLITICAL ORGANIZATION" MEANS ANY ORGANIZATION THAT IS DIRECTLY
CONCERNED WITH INFLUENCING PUBLIC POLICY OR POLITICAL CAMPAIGNS OR
ENGAGES IN LOBBYING ACTIVITIES, AS DEFINED IN SECTION ONE-C OF THE
LEGISLATIVE LAW WHETHER OR NOT SUCH ORGANIZATION IS REGISTERED WITH THE
COMMISSION ON PUBLIC INTEGRITY.
(3) "POLITICAL GROUP" MEANS ANY ORGANIZATION THAT IS AFFILIATED WITH
AN ESTABLISHED OR RECOGNIZED POLITICAL PARTY.
(4) "OPTIONAL FEE" MEANS ANY MONEY VOLUNTARILY COLLECTED FROM THE
STUDENTS BY A COLLEGE ADMINISTRATION.
B. MONEYS RECEIVED BY ANY CITY UNIVERSITY OF NEW YORK ADMINISTRATION
FROM THE COLLECTION OF MANDATORY FEES SHALL NOT BE USED TO SUBSIDIZE OR
FINANCIALLY SUPPORT ANY POLITICAL GROUP OR POLITICAL ORGANIZATION THAT
IS CONCERNED WITH INFLUENCING PUBLIC POLICY OTHER THAN THE STUDENT ASSO-
CIATION OR ANY OTHER ORGANIZATION WHICH PERTAINS EXCLUSIVELY TO SUCH
CITY UNIVERSITY OF NEW YORK. NOTHING IN THIS SECTION SHALL PRECLUDE THE
COLLECTION OF OPTIONAL FEES FOR POLITICAL ORGANIZATIONS WHICH MAY EMPLOY
LEGISLATIVE AGENTS OR ATTEMPT TO INFLUENCE LEGISLATION. THESE OPTIONAL
FEES MAY BE COLLECTED BY THE STUDENT GOVERNMENT OR ANY OTHER STUDENT
REPRESENTATIVE IF THE STUDENTS AT THE INSTITUTION HAVE AUTHORIZED AN
OPTIONAL FEE EXPRESSLY TO FUND SUCH ORGANIZATIONS BY A MAJORITY VOTE OF
A. 5020 3
THOSE STUDENTS VOTING IN AN OFFICIAL STUDENT REFERENDUM OR STUDENT
ELECTION.
S 4. Subdivision 1 of section 6304 of the education law is amended by
adding a new paragraph e to read as follows:
E. (I) AS USED IN THIS PARAGRAPH, THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
(A) "MANDATORY FEE" MEANS THE INVOLUNTARY COLLECTION OF MONEY FROM
STUDENTS BY A COLLEGE ADMINISTRATION TO FUND THE STUDENT GOVERNMENT, OR
ANY OTHER STUDENT REPRESENTATIVE BODY, THAT IS USED FOR THE PURPOSES OF
FINANCING CAMPUS ACTIVITIES.
(B) "POLITICAL ORGANIZATION" MEANS ANY ORGANIZATION THAT IS DIRECTLY
CONCERNED WITH INFLUENCING PUBLIC POLICY OR POLITICAL CAMPAIGNS OR
ENGAGES IN LOBBYING ACTIVITIES, AS DEFINED IN SECTION ONE-C OF THE
LEGISLATIVE LAW WHETHER OR NOT SUCH ORGANIZATION IS REGISTERED WITH THE
COMMISSION ON PUBLIC INTEGRITY.
(C) "POLITICAL GROUP" MEANS ANY ORGANIZATION THAT IS AFFILIATED WITH
AN ESTABLISHED OR RECOGNIZED POLITICAL PARTY.
(D) "OPTIONAL FEE" MEANS ANY MONEY VOLUNTARILY COLLECTED FROM STUDENTS
BY A COLLEGE ADMINISTRATION.
(II) MONEYS RECEIVED BY ANY COMMUNITY COLLEGE ADMINISTRATION FROM THE
COLLECTION OF MANDATORY FEES SHALL NOT BE USED TO SUBSIDIZE OR FINAN-
CIALLY SUPPORT ANY POLITICAL GROUP OR POLITICAL ORGANIZATION THAT IS
CONCERNED WITH INFLUENCING PUBLIC POLICY OTHER THAN THE STUDENT ASSOCI-
ATION OR ANY OTHER ORGANIZATION WHICH PERTAINS EXCLUSIVELY TO SUCH
COMMUNITY COLLEGE. NOTHING IN THIS SECTION SHALL PRECLUDE THE COLLECTION
OF OPTIONAL FEES FOR POLITICAL ORGANIZATIONS WHICH MAY EMPLOY LEGISLA-
TIVE AGENTS OR ATTEMPT TO INFLUENCE LEGISLATION. THESE OPTIONAL FEES MAY
BE COLLECTED BY THE STUDENT GOVERNMENT OR ANY OTHER STUDENT REPRESEN-
TATIVE IF THE STUDENTS AT THE INSTITUTION HAVE AUTHORIZED AN OPTIONAL
FEE EXPRESSLY TO FUND SUCH ORGANIZATIONS BY A MAJORITY VOTE OF THOSE
STUDENTS VOTING IN AN OFFICIAL STUDENT REFERENDUM OR STUDENT ELECTION.
S 5. This act shall take effect August 1, 2010.