S T A T E O F N E W Y O R K
________________________________________________________________________
8632
I N A S S E M B L Y
January 29, 2014
___________
Introduced by M. of A. HIKIND -- read once and referred to the Committee
on Higher Education
AN ACT to amend the education law, the public officers law and the state
finance law, in relation to prohibiting institutions of higher educa-
tion from participating in or providing funding to organizations that
boycott academic institutions located in foreign countries
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The education law is amended by adding a new section 355-d
to read as follows:
S 355-D. PROHIBITION ON CERTAIN BOYCOTTS OF FOREIGN ACADEMIC INSTI-
TUTIONS. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ANY INSTITUTION OF
THE STATE UNIVERSITY OF NEW YORK OR PRIVATE INSTITUTION OF HIGHER EDUCA-
TION LOCATED WITHIN THIS STATE THAT PARTICIPATES IN OR PROVIDES FUNDING
TO ANY ORGANIZATION THAT, AS A MATTER OF POLICY, BOYCOTTS AN ACADEMIC
INSTITUTION LOCATED IN ANY FOREIGN COUNTRY, SHALL BE PROHIBITED FROM
RECEIVING ANY STATE AID OR STATE FUNDING FROM THIS STATE; PROVIDED THAT
THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO THE BOYCOTT OF AN
ACADEMIC INSTITUTION LOCATED IN A FOREIGN COUNTRY:
A. WHEN THE FOREIGN COUNTRY IS DETERMINED BY THE UNITED STATES SECRE-
TARY OF STATE TO BE A STATE SPONSOR OF TERRORISM;
B. WHEN THE BOYCOTT IS CONNECTED WITH A LABOR DISPUTE; OR
C. WHEN THE BOYCOTT IS FOR THE PURPOSE OF PROTESTING UNLAWFUL DISCRI-
MINATORY PRACTICES AS DETERMINED BY THE LAWS, RULES OR REGULATIONS OF
THIS STATE.
S 2. Section 6221 of the education law is amended by adding a new
subdivision F to read as follows:
F. PROHIBITION ON CERTAIN BOYCOTTS OF FOREIGN ACADEMIC INSTITUTIONS.
NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ANY INSTITUTION OF THE CITY
UNIVERSITY OF NEW YORK OR PRIVATE INSTITUTION OF HIGHER EDUCATION
LOCATED WITHIN THE CITY OF NEW YORK THAT PARTICIPATES IN OR PROVIDES
FUNDING TO ANY ORGANIZATION THAT, AS A MATTER OF POLICY, BOYCOTTS AN
ACADEMIC INSTITUTION LOCATED IN ANY FOREIGN COUNTRY, SHALL BE PROHIBITED
FROM RECEIVING ANY STATE AID OR STATE FUNDING FROM THIS STATE; PROVIDED
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13407-03-4
A. 8632 2
THAT THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO THE BOYCOTT
OF AN ACADEMIC INSTITUTION LOCATED IN A FOREIGN COUNTRY:
1. WHEN THE FOREIGN COUNTRY IS DETERMINED BY THE UNITED STATES SECRE-
TARY OF STATE TO BE A STATE SPONSOR OF TERRORISM;
2. WHEN THE BOYCOTT IS CONNECTED WITH A LABOR DISPUTE; OR
3. WHEN THE BOYCOTT IS FOR THE PURPOSE OF PROTESTING UNLAWFUL DISCRI-
MINATORY PRACTICES AS DETERMINED BY THE LAWS, RULES OR REGULATIONS OF
THIS STATE.
S 3. Section 6304 of the education law is amended by adding a new
subdivision 14 to read as follows:
14. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ANY COMMUNITY COLLEGE
LOCATED WITHIN THIS STATE THAT PARTICIPATES IN OR PROVIDES FUNDING TO
ANY ORGANIZATION THAT, AS A MATTER OF POLICY, BOYCOTTS AN ACADEMIC
INSTITUTION LOCATED IN ANY FOREIGN COUNTRY, SHALL BE PROHIBITED FROM
RECEIVING ANY STATE AID OR STATE FUNDING FROM THIS STATE; PROVIDED THAT
THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO THE BOYCOTT OF AN
ACADEMIC INSTITUTION LOCATED IN A FOREIGN COUNTRY:
A. WHEN THE FOREIGN COUNTRY IS DETERMINED BY THE UNITED STATES SECRE-
TARY OF STATE TO BE A STATE SPONSOR OF TERRORISM;
B. WHEN THE BOYCOTT IS CONNECTED WITH A LABOR DISPUTE; OR
C. WHEN THE BOYCOTT IS FOR THE PURPOSE OF PROTESTING UNLAWFUL DISCRI-
MINATORY PRACTICES AS DETERMINED BY THE LAWS, RULES OR REGULATIONS OF
THIS STATE.
S 4. Section 6401 of the education law is amended by adding a new
subdivision 6 to read as follows:
6. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ANY INDEPENDENT INSTI-
TUTION OF HIGHER LEARNING LOCATED WITHIN THIS STATE THAT PARTICIPATES IN
OR PROVIDES FUNDING TO ANY ORGANIZATION THAT, AS A MATTER OF POLICY,
BOYCOTTS AN ACADEMIC INSTITUTION LOCATED IN ANY FOREIGN COUNTRY, SHALL
BE PROHIBITED FROM RECEIVING ANY STATE AID OR STATE FUNDING FROM THIS
STATE; PROVIDED THAT THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY
TO THE BOYCOTT OF AN ACADEMIC INSTITUTION LOCATED IN A FOREIGN COUNTRY:
A. WHEN THE FOREIGN COUNTRY IS DETERMINED BY THE UNITED STATES SECRE-
TARY OF STATE TO BE A STATE SPONSOR OF TERRORISM;
B. WHEN THE BOYCOTT IS CONNECTED WITH A LABOR DISPUTE; OR
C. WHEN THE BOYCOTT IS FOR THE PURPOSE OF PROTESTING UNLAWFUL DISCRI-
MINATORY PRACTICES AS DETERMINED BY THE LAWS, RULES OR REGULATIONS OF
THIS STATE.
S 5. The public officers law is amended by adding a new section 74-b
to read as follows:
S 74-B. PROHIBITIONS OF CERTAIN BOYCOTTS OF FOREIGN ACADEMIC INSTI-
TUTIONS. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, NO STATE OFFICER OR
LOCAL OFFICER SHALL BECOME OR CONTINUE TO BE A MEMBER OF ANY ORGANIZA-
TION THAT, AS A MATTER OF POLICY, BOYCOTTS AN ACADEMIC INSTITUTION
LOCATED IN ANY FOREIGN COUNTRY; PROVIDED THAT THE PROVISIONS OF THIS
SECTION SHALL NOT APPLY TO THE BOYCOTT OF AN ACADEMIC INSTITUTION
LOCATED IN A FOREIGN COUNTRY:
1. WHEN THE FOREIGN COUNTRY IS DETERMINED BY THE UNITED STATES SECRE-
TARY OF STATE TO BE A STATE SPONSOR OF TERRORISM;
2. WHEN THE BOYCOTT IS CONNECTED WITH A LABOR DISPUTE; OR
3. WHEN THE BOYCOTT IS FOR THE PURPOSE OF PROTESTING UNLAWFUL DISCRI-
MINATORY PRACTICES AS DETERMINED BY THE LAWS, RULES OR REGULATIONS OF
THIS STATE.
S 6. Section 4 of the state finance law is amended by adding a new
subdivision 11 to read as follows:
A. 8632 3
11. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, NO MONEY SHALL BE PAID
OUT OF ANY FUND UNDER THE MANAGEMENT OF THE STATE TO ANY INSTITUTION
FOUND TO BE IN VIOLATION OF SECTION THREE HUNDRED FIFTY-FIVE-D, SUBDIVI-
SION F OF SECTION SIX THOUSAND TWO HUNDRED TWENTY-ONE, SUBDIVISION FOUR-
TEEN OF SECTION SIX THOUSAND THREE HUNDRED FOUR OR SUBDIVISION SIX OF
SECTION SIX THOUSAND FOUR HUNDRED ONE OF THE EDUCATION LAW.
S 7. The state finance law is amended by adding a new section 139-l to
read as follows:
S 139-L. PROHIBITIONS ON CONTRACTS WITH CERTAIN INSTITUTIONS OF HIGHER
EDUCATION. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE STATE SHALL
BE PROHIBITED FROM ENTERING INTO ANY CONTRACT WITH ANY INSTITUTION FOUND
TO BE IN VIOLATION OF SECTION THREE HUNDRED FIFTY-FIVE-D, SUBDIVISION F
OF SECTION SIX THOUSAND TWO HUNDRED TWENTY-ONE, SUBDIVISION FOURTEEN OF
SECTION SIX THOUSAND THREE HUNDRED FOUR OR SUBDIVISION SIX OF SECTION
SIX THOUSAND FOUR HUNDRED ONE OF THE EDUCATION LAW.
S 8. The state finance law is amended by adding a new section 8-c to
read as follows:
S 8-C. COMPLIANCE BY EDUCATIONAL INSTITUTIONS; BOYCOTTS. THE COMP-
TROLLER SHALL, WITHIN THIRTY DAYS OF THE EFFECTIVE DATE OF THIS SECTION,
MAKE A DETERMINATION AS TO WHETHER OR NOT EACH INSTITUTION SUBJECT TO
THE PROVISIONS OF SECTION THREE HUNDRED FIFTY-FIVE-D, SUBDIVISION F OF
SECTION SIX THOUSAND TWO HUNDRED TWENTY-ONE, SUBDIVISION FOURTEEN OF
SECTION SIX THOUSAND THREE HUNDRED FOUR OR SUBDIVISION SIX OF SECTION
SIX THOUSAND FOUR HUNDRED ONE OF THE EDUCATION LAW IS IN COMPLIANCE WITH
SUCH APPLICABLE SECTION, AND FIND THOSE INSTITUTIONS NOT IN COMPLIANCE
WITH SUCH APPLICABLE SECTION TO BE IN VIOLATION OF SUCH SECTION. UPON A
DETERMINATION BY THE COMPTROLLER THAT AN EDUCATIONAL INSTITUTION OR
PUBLIC OFFICER IS NOT IN COMPLIANCE WITH THE APPLICABLE SECTION OF THE
EDUCATION LAW, THE COMPTROLLER SHALL IMMEDIATELY PROVIDE NOTICE THEREOF
TO THE EDUCATIONAL INSTITUTION OR PUBLIC OFFICER. EACH EDUCATIONAL
INSTITUTION OR PUBLIC OFFICER RECEIVING SUCH A NOTICE OF NONCOMPLIANCE
SHALL, WITHIN THIRTY DAYS OF THE RECEIPT THEREOF, TERMINATE PARTIC-
IPATION IN, MEMBERSHIP IN OR THE PROVISION OF FUNDING TO ANY ORGANIZA-
TION THAT, AS A MATTER OF POLICY, BOYCOTTS AN ACADEMIC INSTITUTION
LOCATED IN A FOREIGN COUNTRY.
S 9. Severability. If any clause, sentence, paragraph, section or part
of this act shall be adjudged by any court of competent jurisdiction to
be invalid and after exhaustion of all further judicial review, the
judgment shall not affect, impair or invalidate the remainder thereof,
but shall be confined in its operation to the clause, sentence, para-
graph, section or part of this act directly involved in the controversy
in which the judgment shall have been rendered.
S 10. This act shall take effect immediately.