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.