The New York State Senate

S6438 - Bill Texts

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Prohibits the use of state aid by colleges and universities to fund or provide membership in academic institutions that are boycotting a country or higher education institutions of a country.

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BILL NUMBER:S6438

TITLE OF BILL: An act prohibiting the use of state aid by colleges
and universities for certain academic institutions

PURPOSE OR GENERAL IDEA OF BILL: This bill would prohibit any college
from using state aid to fund an academic entity, to provide funds for
membership in an academic entity, or fund travel or lodging for any
employee to attend any meeting of such academic entity if that
academic entity has undertaken an official action boycotting certain
countries or their higher education institutions.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 is the legislative intent.

Section 2 prohibits any college from using state aid to fund an
academic entity, to provide funds for membership in an academic
entity, or to fund travel or lodging for any employee to attend any
meeting of such academic entity if that academic entity has undertaken
an official action boycotting a host country or its higher education
institutions if the country subject of such boycott hosts a higher
education institution chartered by the Board of Regents. Colleges
violating this ban would not be eligible for state aid during the
academic year in which the violation occurs. Nothing in this section
shall limit the attendance by any employee of a college at any event
of an academic entity that boycotts a host country or higher education
institution located in such country and attendance at meetings of any
such entity shall not be used by the college with regard to employment
decisions.

The bill also contains three exemptions in which the provisions of
this bill would not apply to colleges: located in a foreign country
that is a state sponsor of terrorism, when the boycott is connected
with a labor dispute, or when the boycott is for the purpose of
protesting unlawful discriminatory practices.

Section 3 is the effective date.

JUSTIFICATION: Academic freedom is a cornerstone of our academic
community in New York State's colleges and universities. Professors
and students should be able to teach, study, and pursue research
without unreasonable interference. Academic boycotts violate the
principles of academic freedom, open exchange, and freedom of thought
and expression. In addition, undertaking an official action boycotting
certain countries or their higher education institutions limits access
to research and ability to study other cultures and societies. It is
important that New York State colleges promote and encourage access to
international educational institutions for its students to succeed in
a world marked by interdependence and diversity. A global education
allows professors and students to connect, compete, and cooperate with
their peers around the world. For these very reasons, colleges should
not use state funds to support boycotts of countries, or higher
education institutions located in countries, that host higher
education institutions chartered by the Board of Regents. In short,
the legislation simply prohibits tax dollars from promoting


discriminatory practices while at the same time preserving academic
freedom.

PRIOR LEGISLATIVE HISTORY: This is a new bill.

FISCAL IMPLICATIONS: Undetermined.

EFFECTIVE DATE: This act shall take effect on the thirtieth day after
it shall have become a law.

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

                                  6438

                            I N  S E N A T E

                            January 23, 2014
                               ___________

Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT prohibiting the use of state aid by colleges and universities for
  certain academic institutions

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

  Section 1. Legislative intent. The legislature hereby finds that it is
beneficial to students of this state to have access to an education that
is  not  bound by borders and to have the opportunity to obtain a global
education. The legislature further finds that it is important  that  New
York  State  undertake  efforts to ensure that its students succeed in a
world that is continually becoming more interdependent and  diverse  and
further  that  students  have  access  to international higher education
institutions.  A global education allows students to  connect,  compete,
and  cooperate  with  their  peers around the world. Therefore it is the
policy of the State of New York that colleges not  use  state  funds  to
support  boycotts of countries, or higher education institutions located
in countries, that host higher education institutions chartered  by  the
Board of Regents of the University of the State of New York.
  S 2. 1. For purposes of this section the following shall apply:
  (a)  the term "academic entity" shall mean any organization comprising
colleges, universities or professors that promotes or supports  academia
in the United States and abroad.
  (b)  the  term  "college"  shall have the same meaning as such term is
defined in subdivision 2 of section 2 of the education law.
  (c) the term "host country" shall mean those  countries  that  host  a
higher  education  institution  chartered by the Board of Regents of the
University of the State of New York.
  2. No college in this state may use state  aid  provided  directly  to
such  college  to: fund an academic entity, provide funds for membership
in an academic entity or fund travel or  lodging  for  any  employee  to
attend  any  meeting of such academic entity if such entity has issued a
public resolution or other official statement or undertaken an  official

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13441-07-4

S. 6438                             2

action  boycotting  a  host  country  or  higher  education institutions
located in such country.
  3. Notwithstanding any law to the contrary, no college shall be eligi-
ble  for  state  aid  during  the  academic year that such college is in
violation of subdivision two of this section.
  4. The provisions of this section shall not apply to any college:
  (a) when such college is located in a country that  is  determined  by
the United States secretary of state to be a state sponsor of terrorism;
  (b) when such boycott is connected with a labor dispute; or
  (c)  when  such  boycott  is  for  the  purpose of protesting unlawful
discriminatory practices as determined by the laws, rules or regulations
of this state.
  5. Nothing in this section shall limit the attendance by any  employee
of  a  college  at  any event of an academic entity that boycotts a host
country or higher education institutions located  in  such  country  and
attendance  at  meetings  of  any  such  entity shall not be used by the
college with regard to employment decisions.
  S 3. This act shall take effect on the thirtieth day  after  it  shall
have become a law.