NY State Senate Bill S8017

Archive: Last Bill Status - Passed Senate

Introduced
In Committee
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- Passed Assembly
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view actions (5)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 15, 2016	referred to higher education delivered to assembly passed senate ordered to third reading cal.1842
Jun 06, 2016	referred to rules

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Co-Sponsors

S8017 (ACTIVE) - Details

Current Committee:: Assembly Higher Education
Law Section:: Education Law
Laws Affected:: Amd §§355, 6206 & 6306, Ed L
Versions Introduced in 2017-2018 Legislative Session:: S2493

S8017 (ACTIVE) - Summary

Prohibits certain student organizations which participate in discrimination or intolerance from receiving funding from SUNY, CUNY or community colleges.

S8017 (ACTIVE) - Sponsor Memo

 BILL NUMBER:  S8017

 TITLE OF BILL :  An act to amend the education law, in relation to
certain student organizations which are ineligible for funding

 PURPOSE OR GENERAL IDEA OF BILL :

This bill would prohibit student organizations that participate in
hate-speech, including advocating for the Boycott, Divestment and
Sanctions (BDS) of Israel and American allied nations from receiving
public funding.

 SUMMARY OF SPECIFIC PROVISIONS :

Presently, section 139 - H of the state finance law prohibits the
state of New York from participating in an international boycott
against American allied nations. Section 6-114 of the Administrative
code for the City of New York, provides a similar restriction from New
York City.

This bill would extend these provisions, by adding a new section 355
of the state education law, a new section 6206 of the education law,
and section 6306 of the education law to prohibit the state from
providing public funding to student organizations that promote or
engage in activities to boycott American allied nations.

More specifically, this bill would also expressly define the terms
"Allied nation", "Boycott" and "Person". Allied nations under this
bill (as specified by the United States Department of State) would
include all NATO countries, Ireland, Israel, Japan, the Republic of
Korea (South Korea), and all signatory countries of the Southeast Asia
(1954) and Rio (1947) Treaties.

 JUSTIFICATION :

Current law recognizes that boycott behavior can seriously harm the
state, its interests and its citizens. Such is why the state and City
of New York are presently expressly prohibited from engaging in
international boycotts.

Recent events have highlighted the need to extend current law to
include Student organizations that receive public funding. Since the
original law was enacted, a new movement has arisen, commonly known as
BDS (Boycott, Divest and Sanctions), whereby questionably motivated
extremists, engage in, and promote, discriminatory policy against
American allied nations. This behavior not only hurts the state, its
interests and its citizens, but seeks to advance anti-semitisic,
anti-freedom and anti-capitalism principles.

Several other states, including Illinois, New Jersey and South
Carolina, have also taken action to address this harmful activity.
Like New York, they have extended their laws to prevent their states
from becoming unwilling participants in these unseemly activities
through the misguided actions of student organizations that receive
public funding. Accordingly, like those other states, this bill would
not abridge any element of free speech, but would merely prevent the
state of New York from being dragged into a discriminatory agenda
directed by those who seek to advance principles that are antithetical
to our state, its constitution and its citizens.

 PRIOR LEGISLATIVE HISTORY :

This is a new bill.

 FISCAL IMPLICATIONS :

None noted.

 EFFECTIVE DATE :
This act would take effect immediately.

S8017 (ACTIVE) - Bill Text download pdf

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

                                  8017

                            I N  S E N A T E

                              June 6, 2016
                               ___________

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

AN ACT to amend the education law, in relation to certain student organ-
  izations which are ineligible for funding

  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.  INELIGIBILITY  FOR  FUNDING;  STUDENT ORGANIZATIONS. A. THE STATE
UNIVERSITY TRUSTEES SHALL ADOPT RULES THAT ANY STUDENT GROUP OR  STUDENT
ORGANIZATION THAT RECEIVES FUNDING FROM THE STATE UNIVERSITY OF NEW YORK
THAT  DIRECTLY  OR INDIRECTLY PROMOTES, ENCOURAGES, OR PERMITS DISCRIMI-
NATION, INTOLERANCE, HATE SPEECH OR BOYCOTTS AGAINST A PERSON  OR  GROUP
BASED  ON  RACE,  CLASS, GENDER, NATIONALITY, ETHNIC ORIGIN OR RELIGION,
SHALL BE INELIGIBLE FOR FUNDING, INCLUDING FUNDING FROM STUDENT ACTIVITY
FEE PROCEEDS.
  B. AS USED IN THIS SUBDIVISION, THE FOLLOWING DEFINITIONS SHALL APPLY:
  (1) "ALLIED NATION" SHALL MEAN:
  (I) ANY COUNTRY THAT IS A MEMBER OF THE NORTH ATLANTIC  TREATY  ORGAN-
IZATION;
  (II)  ANY  COUNTRY THAT IS A SIGNATORY OF THE SOUTHEAST ASIA TREATY OF
1954;
  (III) ANY COUNTRY, OTHER THAN VENEZUELA, THAT IS A  SIGNATORY  OF  THE
RIO TREATY OF 1947;
  (IV) IRELAND;
  (V) ISRAEL;
  (VI) JAPAN; AND/OR
  (VII) THE REPUBLIC OF KOREA.
  (2)  "BOYCOTT"  SHALL MEAN TO ENGAGE IN ANY ACTIVITY, OR TO PROMOTE OR
ENCOURAGE OTHERS TO ENGAGE IN ANY ACTIVITY,  THAT  WILL  RESULT  IN  ANY
PERSON  ABSTAINING  FROM COMMERCIAL, SOCIAL OR POLITICAL RELATIONS, WITH
ANY ALLIED NATION, OR COMPANIES BASED IN AN ALLIED NATION OR IN TERRITO-
RIES CONTROLLED BY AN  ALLIED  NATION,  WITH  THE  INTENT  TO  PENALIZE,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15769-01-6

S. 8017                             2

INFLICT,  OR CAUSE HARM TO, OR OTHERWISE PROMOTE OR CAST DISREPUTE UPON,
SUCH ALLIED NATION, ITS PEOPLE OR ITS COMMERCIAL PRODUCTS.
  (3)  "PERSON"  SHALL  MEAN  ANY  NATURAL  PERSON, CORPORATION, LIMITED
LIABILITY COMPANY, UNINCORPORATED ASSOCIATION OR  ANY  OTHER  NONGOVERN-
MENTAL  ENTITY,  ORGANIZATION,  OR  GROUP,  OR  ANY  SUCCESSOR, SUBUNIT,
PARENT, OR SUBSIDIARY OF THE SAME.
  S 2. Section 6206 of the education law is  amended  by  adding  a  new
subdivision 19 to read as follows:
  19. A. THE CITY UNIVERSITY TRUSTEES SHALL ADOPT RULES THAT ANY STUDENT
GROUP  OR STUDENT ORGANIZATION THAT RECEIVES FUNDING FROM A CITY UNIVER-
SITY OF NEW YORK THAT DIRECTLY OR INDIRECTLY  PROMOTES,  ENCOURAGES,  OR
PERMITS  DISCRIMINATION,  INTOLERANCE, HATE SPEECH OR BOYCOTTS AGAINST A
PERSON OR GROUP BASED ON RACE, CLASS, GENDER, NATIONALITY, ETHNIC ORIGIN
OR RELIGION, SHALL BE INELIGIBLE FOR  FUNDING,  INCLUDING  FUNDING  FROM
STUDENT ACTIVITY FEE PROCEEDS.
  B. AS USED IN THIS SUBDIVISION, THE FOLLOWING DEFINITIONS SHALL APPLY:
  (I) "ALLIED NATION" SHALL MEAN:
  (1)  ANY  COUNTRY THAT IS A MEMBER OF THE NORTH ATLANTIC TREATY ORGAN-
IZATION;
  (2) ANY COUNTRY THAT IS A SIGNATORY OF THE SOUTHEAST  ASIA  TREATY  OF
1954;
  (3)  ANY COUNTRY, OTHER THAN VENEZUELA, THAT IS A SIGNATORY OF THE RIO
TREATY OF 1947;
  (4) IRELAND;
  (5) ISRAEL;
  (6) JAPAN; AND/OR
  (7) THE REPUBLIC OF KOREA.
  (II) "BOYCOTT" SHALL MEAN TO ENGAGE IN ANY ACTIVITY, OR TO PROMOTE  OR
ENCOURAGE  OTHERS  TO  ENGAGE  IN  ANY ACTIVITY, THAT WILL RESULT IN ANY
PERSON ABSTAINING FROM COMMERCIAL, SOCIAL OR POLITICAL  RELATIONS,  WITH
ANY ALLIED NATION, OR COMPANIES BASED IN AN ALLIED NATION OR IN TERRITO-
RIES  CONTROLLED  BY  AN  ALLIED  NATION,  WITH  THE INTENT TO PENALIZE,
INFLICT, OR CAUSE HARM TO, OR OTHERWISE PROMOTE OR CAST DISREPUTE  UPON,
SUCH ALLIED NATION, ITS PEOPLE OR ITS COMMERCIAL PRODUCTS.
  (III)  "PERSON"  SHALL  MEAN  ANY NATURAL PERSON, CORPORATION, LIMITED
LIABILITY COMPANY, UNINCORPORATED ASSOCIATION OR  ANY  OTHER  NONGOVERN-
MENTAL  ENTITY,  ORGANIZATION,  OR  GROUP,  OR  ANY  SUCCESSOR, SUBUNIT,
PARENT, OR SUBSIDIARY OF THE SAME.
  S 3. Section 6306 of the education law is  amended  by  adding  a  new
subdivision 11 to read as follows:
  11.  A.  THE  BOARD  OF TRUSTEES OF EACH COMMUNITY COLLEGE SHALL ADOPT
RULES THAT ANY STUDENT GROUP OR STUDENT ORGANIZATION THAT RECEIVES FUND-
ING FROM A COMMUNITY COLLEGE OF NEW YORK  THAT  DIRECTLY  OR  INDIRECTLY
PROMOTES,  ENCOURAGES,  OR  PERMITS  DISCRIMINATION,  INTOLERANCE,  HATE
SPEECH OR BOYCOTTS AGAINST A PERSON  OR  GROUP  BASED  ON  RACE,  CLASS,
GENDER,  NATIONALITY, ETHNIC ORIGIN OR RELIGION, SHALL BE INELIGIBLE FOR
FUNDING, INCLUDING FUNDING FROM STUDENT ACTIVITY FEE PROCEEDS.
  B. AS USED IN THIS SUBDIVISION, THE FOLLOWING DEFINITIONS SHALL APPLY:
  (I) "ALLIED NATION" SHALL MEAN:
  (1) ANY COUNTRY THAT IS A MEMBER OF THE NORTH ATLANTIC  TREATY  ORGAN-
IZATION;
  (2)  ANY  COUNTRY  THAT IS A SIGNATORY OF THE SOUTHEAST ASIA TREATY OF
1954;
  (3) ANY COUNTRY, OTHER THAN VENEZUELA, THAT IS A SIGNATORY OF THE  RIO
TREATY OF 1947;
  (4) IRELAND;

S. 8017                             3

  (5) ISRAEL;
  (6) JAPAN; AND/OR
  (7) THE REPUBLIC OF KOREA.
  (II)  "BOYCOTT" SHALL MEAN TO ENGAGE IN ANY ACTIVITY, OR TO PROMOTE OR
ENCOURAGE OTHERS TO ENGAGE IN ANY ACTIVITY,  THAT  WILL  RESULT  IN  ANY
PERSON  ABSTAINING  FROM COMMERCIAL, SOCIAL OR POLITICAL RELATIONS, WITH
ANY ALLIED NATION, OR COMPANIES BASED IN AN ALLIED NATION OR IN TERRITO-
RIES CONTROLLED BY AN  ALLIED  NATION,  WITH  THE  INTENT  TO  PENALIZE,
INFLICT,  OR CAUSE HARM TO, OR OTHERWISE PROMOTE OR CAST DISREPUTE UPON,
SUCH ALLIED NATION, ITS PEOPLE OR ITS COMMERCIAL PRODUCTS.
  (III) "PERSON" SHALL MEAN ANY  NATURAL  PERSON,  CORPORATION,  LIMITED
LIABILITY  COMPANY,  UNINCORPORATED  ASSOCIATION OR ANY OTHER NONGOVERN-
MENTAL ENTITY,  ORGANIZATION,  OR  GROUP,  OR  ANY  SUCCESSOR,  SUBUNIT,
PARENT, OR SUBSIDIARY OF THE SAME.
  S 4. This act shall take effect immediately.

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The New York State Senate

senate Bill S8017

Sponsored By

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Jun 15, 2016 - floor Vote

Floor Vote: Jun 15, 2016

Jun 15, 2016 - Rules committee Vote

Rules Committee Vote: Jun 15, 2016

Co-Sponsors

S8017 (ACTIVE) - Details

S8017 (ACTIVE) - Summary

S8017 (ACTIVE) - Sponsor Memo

S8017 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S8017

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Sponsored By

Jack M. Martins

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Jun 15, 2016 - floor Vote

Floor Vote: Jun 15, 2016

Jun 15, 2016 - Rules committee Vote

Rules Committee Vote: Jun 15, 2016

Co-Sponsors

Todd Kaminsky

S8017 (ACTIVE) - Details

S8017 (ACTIVE) - Summary

S8017 (ACTIVE) - Sponsor Memo

S8017 (ACTIVE) - Bill Text download pdf

Comments