NY State Senate Bill 2009-S1628

Senate Bill S1628

2009-2010 Legislative Session

Requires biennial referendum of student body at public universities and colleges to determine whether student activity fees are voluntary or mandatory

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Archive: Last Bill Status - In Senate Committee Higher Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to higher education
Feb 03, 2009	referred to higher education

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2009-S1628 (ACTIVE) - Details

See Assembly Version of this Bill:: A10758
Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Amd §§355, 6215 & 6304, Ed L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S2931, A389
2013-2014: A1401
2015-2016: A1835
2017-2018: A232

2009-S1628 (ACTIVE) - Summary

Requires the biennial conducting of a referendum of the student body at each college and university of the state university of New York and city university of New York, and at each community college as to whether the student activity fees shall be mandatory or voluntary; requires the funds from such fees to be disbursed in a fair and neutral manner without regard to the viewpoints of organizations requesting funding; requires the posting of a notice of the purpose of such fee and the mission statements of all organizations receiving disbursements from such fees.

2009-S1628 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1628

 TITLE OF BILL :
An act to amend the education law, in relation to student activity
fees


 PURPOSE :
To ensure that student activity fee programs in place at SUNY, CUNY
and community colleges in New York State adhere to the recent U.S.
Supreme Court ruling on this matter regarding viewpoint neutrality in
funding decisions, to require colleges and universities to post
information on the student activity fee on a publicly accessible
website, and to require a referendum of the student body at least
every two years- as to whether the student activity fee shall be
mandatory or voluntary.

 SUMMARY OF PROVISIONS :  Section one adds a new subdivision 20 to
section 355 of the education law to: require that every college or
university in the SUNY system post conspicuously on a publicly
accessible website notice describing the purpose of the fee and the
requirements set forth in this section; require a referendum at least
every two years to determine whether the student activity fee shall be
voluntary or mandatory; prohibit the use of a referendum for the
determination of funding for any particular organization; provide that
any student group that is officially recognized by the student

government is eligible to receive funding; require that the procedure
for distributing funds shall be viewpoint neutral; and provide for an
appeals process for registered student organizations complaining of
viewpoint discrimination in the funding process at all colleges and
universities operated by SUNY.

§ 2 adds a new subdivision 4 to section 6215 of the education law to
apply the procedures set forth in section one of the bill to CUNY
campuses.

§ 3 adds a new subdivision 1-a to section 6304 of the education law to
apply the procedures set forth in section one of the bill to community
colleges.

§ 4 provides for the effective date.

 JUSTIFICATION :
The purpose of a student activity fee program at public' colleges and
universities is to enhance students' educational experience by
promoting extracurricular activities, stimulating advocacy and debate
on diverse points of view, enabling participation in campus
administrative activity, and providing opportunities to develop social
skills. However, because such a diverse group of student organizations
are eligible to receive funding from the student activity fee,
students often find themselves in the position of having to
financially support organizations who engage in political and
ideological expression that is offensive to their personal beliefs. A
group of students at the University of Wisconsin-Madison sued the
University charging that the student fee program violated their First
Amendment rights by compelling them to support speech that they found
objectionable. In their suit, the students asked that the University
be required to grant them the choice to not fund objectionable groups.

This case was heard in 1999 by the United States Supreme Court in the
case of Board of Regents of the University of Wisconsin System v.
Southworth et al. (No. 98-1189). In its decision, which was rendered
in March 2000, the Court ruled that the First Amendment permits a
public university to charge its students an activity fee used to fund
a program to facilitate extracurricular student speech, provided that
the disbursement of funds is done in a fair and neutral manner without
regard to the viewpoints of the organization requesting funding. This
requirement for viewpoint neutrality in funding decisions, the Court
found, is necessary to protect the First Amendment interests of
students. The Court held that "Viewpoint neutrality is the
justification for requiring the student to pay the fee in the first
instance and for ensuring the integrity of the program's operation
once the funds have been collected."

Additionally, the University of Wisconsin's student activity fee
program provided, in some instances, for a student referendum to
decide which student groups would receive funding. A similar system is
in place at public colleges and universities in New York. On this
point, the Court help that "The, whole theory of viewpoint neutrality
is that minority views are treated with the same respect as are
majority views. Access to a public forum, for instance, does not
depend on majoritarian consent. That principle is binding here."
Finding this referendum provision to be potentially unconstitutional,
the Supreme Court struck down this part of the University of
Wisconsin's fee program and remanded the case back to the District
Court for further proceedings on this issue. On remand, the District
Court did in fact find this provision to be unconstitutional, and the
University of Wisconsin has subsequently determined that it will no
longer use the referendum process to fund student organizations.

Many of the concerns that led to the original lawsuit exist on
campuses within the SUNY, CUNY and community college systems in New
York. In fact, a group of students at SUNY Albany have filed a lawsuit
in federal district court in order to force compliance with the
Southworth ruling there. This legislation is necessary in order to
ensure that the Constitutional protections required by the U.S.
Supreme Court for student activity fee programs are in place for
students attending SUNY, CUNY or community colleges in New York.

 LEGISLATIVE HISTORY :
2001: S.2733 - Reported by Higher Education; Died on Third Reading
Calendar
A.5050 - died in Higher Education Committee
2002: S.2733 - died in Higher Education Committee
A.5050 - died in Higher Education Committee
2003: S.1245 - died in Higher Education Committee
A.2727 - died in Higher Education Committee
2004: S.1245 - passed Senate
A.9523 - died in Higher Education Committee

 EFFECTIVE DATE :
This act shall take effect on the first day of August next succeeding
the date on which it shall have become a law.

2009-S1628 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1628

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 3, 2009
                               ___________

Introduced  by  Sens.  O. JOHNSON,  LARKIN,  MORAHAN  --  read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Higher Education

AN ACT to amend the education law, in relation to student activity fees

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 355 of the education law is amended by adding a new
subdivision 20 to read as follows:
  20. STUDENT ACTIVITY FEE.  A.  DISCLOSURE.  EVERY COLLEGE OR UNIVERSI-
TY OF THE STATE UNIVERSITY SHALL CONSPICUOUSLY POST ON A PUBLICLY ACCES-
SIBLE WEBSITE A NOTICE REGARDING THE STUDENT ACTIVITY  FEE  WHICH  SHALL
INCLUDE,  BUT  NOT  BE  LIMITED TO: (1) THE PURPOSE OF SUCH FEE, (2) THE
RULES AND PROCEDURES FOR THE ALLOCATION OF FUNDS FROM SUCH FEE, (3)  THE
NAME  AND  MISSION  STATEMENT OF EACH STUDENT ORGANIZATION THAT RECEIVED
FUNDING FROM SUCH  FEE  DURING  THE  PREVIOUS  ACADEMIC  YEAR,  (4)  THE
REQUIREMENT  THAT  ALL  FUNDING DECISIONS BE MADE IN AN OPEN FORUM WHERE
ALL STUDENTS ARE GIVEN THE OPPORTUNITY TO COMMENT, (5) THAT ALL  FUNDING
DECISIONS  SHALL  BE MADE IN A FAIR AND NEUTRAL MANNER WITHOUT REGARD TO
THE VIEWPOINTS OF THE ORGANIZATION REQUESTING FUNDING, AND  (6)  THAT  A
REFERENDUM  SHALL  BE HELD AT LEAST EVERY TWO YEARS THE PURPOSE OF WHICH
IS TO DETERMINE WHETHER THE STUDENT ACTIVITY FEE SHALL BE  MANDATORY  OR
VOLUNTARY.
  B.  REFERENDUM.  PRIOR  TO  THE  CLOSE OF THE FIRST FULL ACADEMIC YEAR
IMMEDIATELY FOLLOWING THE EFFECTIVE DATE OF  THIS  SUBDIVISION,  AND  AT
LEAST  ONCE EVERY TWO YEARS THEREAFTER, THE STUDENT BODY AT EACH COLLEGE
OR UNIVERSITY OPERATED BY THE STATE UNIVERSITY SHALL DETERMINE BY REFER-
ENDUM WHETHER STUDENT ACTIVITY PROGRAMS SHALL  BE  SUPPORTED  BY  EITHER
VOLUNTARY OR MANDATORY STUDENT FEES.  SUCH REFERENDUM SHALL BE CONDUCTED
ON  CAMPUS  AT  AN EASILY ACCESSIBLE POLLING PLACE OR PLACES AND AT SUCH
TIME AS SHALL BE CONVENIENT FOR THE GREATEST NUMBER OF  STUDENTS.  UNDER
NO CIRCUMSTANCES SHALL FUNDING FOR ANY PARTICULAR ORGANIZATION BE DETER-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06106-02-9

S. 1628                             2

MINED  BY  REFERENDUM.  NOTICE OF SUCH REFERENDUM SHALL BE CONSPICUOUSLY
POSTED AT SEVERAL LOCATIONS ON CAMPUS FOR NOT  LESS  THAN  FIFTEEN  DAYS
PRIOR  TO  THE  DATE  ON  WHICH  THE REFERENDUM SHALL BE CONDUCTED. SUCH
NOTICE  SHALL  INCLUDE,  BUT  NOT  BE  LIMITED TO, THE DATE ON WHICH THE
REFERENDUM WILL BE HELD, THE TIMES DURING WHICH POLLING PLACES  WILL  BE
OPEN,  THE LOCATION OF ALL POLLING PLACES, AND THE QUESTION OR QUESTIONS
BEFORE THE STUDENT BODY.
  C. ELIGIBILITY FOR FUNDING. ANY GROUP THAT IS OFFICIALLY RECOGNIZED BY
THE REPRESENTATIVE STUDENT ORGANIZATION IN  ACCORDANCE  WITH  PROCEDURES
ESTABLISHED  ON  EACH  CAMPUS  SHALL BE ELIGIBLE TO RECEIVE FUNDING FROM
STUDENT ACTIVITY FEE PROCEEDS.
  D. DISBURSEMENT OF FUNDS. PROCEEDS OF THE STUDENT ACTIVITY  FEE  SHALL
BE  DISBURSED  BY  THE REPRESENTATIVE STUDENT ORGANIZATION IN A FAIR AND
NEUTRAL MANNER WITHOUT REGARD TO  THE  VIEWPOINTS  OF  THE  ORGANIZATION
REQUESTING FUNDING. ALL FUNDING DECISIONS SHALL BE MADE IN AN OPEN FORUM
WHERE MEMBERS OF THE STUDENT BODY ARE GIVEN AN OPPORTUNITY TO COMMENT.
  E.  APPEAL  OF FUNDING DECISIONS. THE REPRESENTATIVE STUDENT ORGANIZA-
TION ON EACH CAMPUS SHALL  CREATE  AN  APPEALS  PROCESS  FOR  REGISTERED
STUDENT  ORGANIZATIONS  COMPLAINING  OF  VIEWPOINT DISCRIMINATION IN THE
FUNDING PROCESS. AFTER EXHAUSTING STUDENT REVIEW,  AN  AGGRIEVED  REGIS-
TERED  STUDENT ORGANIZATION MAY APPEAL TO THE CHIEF ADMINISTRATIVE OFFI-
CER OF EACH CAMPUS, OR HIS OR HER DESIGNEE.
  S 2. Section 6215 of the education law is  amended  by  adding  a  new
subdivision 4 to read as follows:
  4.  STUDENT  ACTIVITY FEE. A. DISCLOSURE.  EVERY COLLEGE OR UNIVERSITY
OF THE CITY UNIVERSITY SHALL CONSPICUOUSLY POST ON A PUBLICLY ACCESSIBLE
WEBSITE A NOTICE REGARDING THE STUDENT ACTIVITY FEE WHICH SHALL INCLUDE,
BUT NOT BE LIMITED TO: (1) THE PURPOSE OF SUCH FEE, (2)  THE  RULES  AND
PROCEDURES  FOR  THE ALLOCATION OF FUNDS FROM SUCH FEE, (3) THE NAME AND
MISSION STATEMENT OF EACH STUDENT  ORGANIZATION  THAT  RECEIVED  FUNDING
FROM  SUCH  FEE  DURING  THE PREVIOUS ACADEMIC YEAR, (4) THE REQUIREMENT
THAT ALL FUNDING DECISIONS BE MADE IN AN OPEN FORUM WHERE  ALL  STUDENTS
ARE  GIVEN  THE  OPPORTUNITY  TO COMMENT, (5) THAT ALL FUNDING DECISIONS
SHALL BE MADE IN A FAIR AND NEUTRAL MANNER WITHOUT REGARD TO  THE  VIEW-
POINTS OF THE ORGANIZATION REQUESTING FUNDING, AND (6) THAT A REFERENDUM
SHALL BE HELD AT LEAST EVERY TWO YEARS THE PURPOSE OF WHICH IS TO DETER-
MINE WHETHER THE STUDENT ACTIVITY FEE SHALL BE MANDATORY OR VOLUNTARY.
  B.  REFERENDUM.  PRIOR  TO  THE  CLOSE OF THE FIRST FULL ACADEMIC YEAR
IMMEDIATELY FOLLOWING THE EFFECTIVE DATE OF  THIS  SUBDIVISION,  AND  AT
LEAST  ONCE EVERY TWO YEARS THEREAFTER, THE STUDENT BODY AT EACH COLLEGE
OR UNIVERSITY OPERATED BY THE CITY UNIVERSITY SHALL DETERMINE BY  REFER-
ENDUM  WHETHER  STUDENT  ACTIVITY  PROGRAMS SHALL BE SUPPORTED BY EITHER
VOLUNTARY OR MANDATORY STUDENT FEES.  SUCH REFERENDUM SHALL BE CONDUCTED
ON CAMPUS AT AN EASILY ACCESSIBLE POLLING PLACE OR PLACES  AND  AT  SUCH
TIME  AS  SHALL BE CONVENIENT FOR THE GREATEST NUMBER OF STUDENTS. UNDER
NO CIRCUMSTANCES SHALL FUNDING FOR ANY PARTICULAR ORGANIZATION BE DETER-
MINED BY REFERENDUM. NOTICE OF SUCH REFERENDUM  SHALL  BE  CONSPICUOUSLY
POSTED  AT  SEVERAL  LOCATIONS  ON CAMPUS FOR NOT LESS THAN FIFTEEN DAYS
PRIOR TO THE DATE ON WHICH  THE  REFERENDUM  SHALL  BE  CONDUCTED.  SUCH
NOTICE  SHALL  INCLUDE,  BUT  NOT  BE  LIMITED TO, THE DATE ON WHICH THE
REFERENDUM WILL BE HELD, THE TIMES DURING WHICH POLLING PLACES  WILL  BE
OPEN,  THE LOCATION OF ALL POLLING PLACES, AND THE QUESTION OR QUESTIONS
BEFORE THE STUDENT BODY.
  C. ELIGIBILITY FOR FUNDING. ANY GROUP THAT IS OFFICIALLY RECOGNIZED BY
THE REPRESENTATIVE STUDENT ORGANIZATION IN  ACCORDANCE  WITH  PROCEDURES

S. 1628                             3

ESTABLISHED  ON  EACH  CAMPUS  SHALL BE ELIGIBLE TO RECEIVE FUNDING FROM
STUDENT ACTIVITY FEE PROCEEDS.
  D.  DISBURSEMENT  OF FUNDS. PROCEEDS OF THE STUDENT ACTIVITY FEE SHALL
BE DISBURSED BY THE REPRESENTATIVE STUDENT ORGANIZATION IN  A  FAIR  AND
NEUTRAL  MANNER  WITHOUT  REGARD  TO  THE VIEWPOINTS OF THE ORGANIZATION
REQUESTING FUNDING. ALL FUNDING DECISIONS SHALL BE MADE IN AN OPEN FORUM
WHERE MEMBERS OF THE STUDENT BODY ARE GIVEN AN OPPORTUNITY TO COMMENT.
  E. APPEAL OF FUNDING DECISIONS. THE REPRESENTATIVE  STUDENT  ORGANIZA-
TION  ON  EACH  CAMPUS  SHALL  CREATE  AN APPEALS PROCESS FOR REGISTERED
STUDENT ORGANIZATIONS COMPLAINING OF  VIEWPOINT  DISCRIMINATION  IN  THE
FUNDING  PROCESS.  AFTER  EXHAUSTING STUDENT REVIEW, AN AGGRIEVED REGIS-
TERED STUDENT ORGANIZATION MAY APPEAL TO THE CHIEF ADMINISTRATIVE  OFFI-
CER OF EACH CAMPUS, OR HIS OR HER DESIGNEE.
  S  3.  Section  6304  of  the education law is amended by adding a new
subdivision 1-a to read as follows:
  1-A. STUDENT ACTIVITY FEE. A. DISCLOSURE.    EVERY  COMMUNITY  COLLEGE
SHALL  CONSPICUOUSLY  POST  ON  A  PUBLICLY  ACCESSIBLE WEBSITE A NOTICE
REGARDING THE STUDENT ACTIVITY FEE  WHICH  SHALL  INCLUDE,  BUT  NOT  BE
LIMITED  TO:  (1)  THE PURPOSE OF SUCH FEE, (2) THE RULES AND PROCEDURES
FOR THE ALLOCATION OF FUNDS FROM SUCH FEE,  (3)  THE  NAME  AND  MISSION
STATEMENT  OF  EACH STUDENT ORGANIZATION THAT RECEIVED FUNDING FROM SUCH
FEE DURING THE PREVIOUS ACADEMIC YEAR,  (4)  THE  REQUIREMENT  THAT  ALL
FUNDING  DECISIONS BE MADE IN AN OPEN FORUM WHERE ALL STUDENTS ARE GIVEN
THE OPPORTUNITY TO COMMENT, (5) THAT ALL FUNDING DECISIONS SHALL BE MADE
IN A FAIR AND NEUTRAL MANNER WITHOUT REGARD TO  THE  VIEWPOINTS  OF  THE
ORGANIZATION REQUESTING FUNDING, AND (6) THAT A REFERENDUM SHALL BE HELD
AT  LEAST  EVERY  TWO YEARS THE PURPOSE OF WHICH IS TO DETERMINE WHETHER
THE STUDENT ACTIVITY FEE SHALL BE MANDATORY OR VOLUNTARY.
  B. REFERENDUM. PRIOR TO THE CLOSE OF  THE  FIRST  FULL  ACADEMIC  YEAR
IMMEDIATELY  FOLLOWING  THE  EFFECTIVE  DATE OF THIS SUBDIVISION, AND AT
LEAST ONCE EVERY TWO YEARS THEREAFTER, THE STUDENT BODY AT EACH COMMUNI-
TY COLLEGE  SHALL  DETERMINE  BY  REFERENDUM  WHETHER  STUDENT  ACTIVITY
PROGRAMS  SHALL  BE  SUPPORTED  BY EITHER VOLUNTARY OR MANDATORY STUDENT
FEES. SUCH REFERENDUM SHALL BE CONDUCTED ON CAMPUS AT AN EASILY ACCESSI-
BLE POLLING PLACE OR PLACES AND AT SUCH TIME AS SHALL BE CONVENIENT  FOR
THE  GREATEST  NUMBER  OF STUDENTS. UNDER NO CIRCUMSTANCES SHALL FUNDING
FOR ANY PARTICULAR ORGANIZATION BE DETERMINED BY REFERENDUM.  NOTICE  OF
SUCH  REFERENDUM  SHALL  BE CONSPICUOUSLY POSTED AT SEVERAL LOCATIONS ON
CAMPUS FOR NOT LESS THAN FIFTEEN DAYS PRIOR TO THE  DATE  ON  WHICH  THE
REFERENDUM  SHALL  BE  CONDUCTED.  SUCH NOTICE SHALL INCLUDE, BUT NOT BE
LIMITED TO, THE DATE ON WHICH THE REFERENDUM WILL  BE  HELD,  THE  TIMES
DURING  WHICH  POLLING  PLACES WILL BE OPEN, THE LOCATION OF ALL POLLING
PLACES, AND THE QUESTION OR QUESTIONS BEFORE THE STUDENT BODY.
  C. ELIGIBILITY FOR FUNDING. ANY GROUP THAT IS OFFICIALLY RECOGNIZED BY
THE REPRESENTATIVE STUDENT ORGANIZATION IN  ACCORDANCE  WITH  PROCEDURES
ESTABLISHED  ON  EACH  CAMPUS  SHALL BE ELIGIBLE TO RECEIVE FUNDING FROM
STUDENT ACTIVITY FEE PROCEEDS.
  D. DISBURSEMENT OF FUNDS. PROCEEDS OF THE STUDENT ACTIVITY  FEE  SHALL
BE  DISBURSED  BY  THE REPRESENTATIVE STUDENT ORGANIZATION IN A FAIR AND
NEUTRAL MANNER WITHOUT REGARD TO  THE  VIEWPOINTS  OF  THE  ORGANIZATION
REQUESTING FUNDING. ALL FUNDING DECISIONS SHALL BE MADE IN AN OPEN FORUM
WHERE MEMBERS OF THE STUDENT BODY ARE GIVEN AN OPPORTUNITY TO COMMENT.
  E.  APPEAL  OF FUNDING DECISIONS. THE REPRESENTATIVE STUDENT ORGANIZA-
TION ON EACH CAMPUS SHALL  CREATE  AN  APPEALS  PROCESS  FOR  REGISTERED
STUDENT  ORGANIZATIONS  COMPLAINING  OF  VIEWPOINT DISCRIMINATION IN THE
FUNDING PROCESS. AFTER EXHAUSTING STUDENT REVIEW,  AN  AGGRIEVED  REGIS-

S. 1628                             4

TERED  STUDENT ORGANIZATION MAY APPEAL TO THE CHIEF ADMINISTRATIVE OFFI-
CER OF EACH CAMPUS, OR HIS OR HER DESIGNEE.
  S 4. This act shall take effect on the first of August next succeeding
the date on which it shall have become a law.

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Senate Bill S1628

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Owen H. Johnson