NY State Senate Bill 2013-S6306

Senate Bill S6306

2013-2014 Legislative Session

Prohibits institutions of higher education from participating in or providing funding to organizations that boycott academic institutions located in foreign countries

download bill text pdf

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 10, 2014	referred to higher education

2013-S6306 (ACTIVE) - Details

See Assembly Version of this Bill:: A8632
Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Add §355-d, amd §§6221, 6304 & 6401, Ed L; add §74-b, Pub Off L; amd §4, add §§139-l & 8-c, St Fin L

2013-S6306 (ACTIVE) - Summary

Prohibits institutions of higher education from participating in or providing funding to organizations that boycott academic institutions located in foreign countries.

2013-S6306 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S6306

TITLE OF BILL:  An act to amend the education law, the public officers
law and the state finance law, in relation to prohibiting institutions
of higher education from participating in or providing funding to
organizations that boycott academic institutions located in foreign
countries

PURPOSE:  To prevent State funds from being used to support
organizations that undermine academic freedom by instituting boycotts
of academic institutions in countries not involved in acts of
terrorism and prohibiting public officers from undermining academic
freedom by supporting such organizations.

SUMMARY OF PROVISIONS:  Section 1: Creates a new section 355-d of the
Education Law to prohibit the State University of New York from
allowing any state funds to be given or transferred in any way to any
organization which as a matter of policy boycotts academic
institutions in a foreign country. Such provisions shall not apply to
boycotts against a foreign country that is defined under federal law
as a State sponsor of terrorism, or the boycotts are related to a
labor dispute or which protest the unlawful discriminatory practices
as determined by New York State laws, rules or regulations.

Section 2: Amends section 6221 of the Education Law to state that the
City University of New York is prohibited from allowing any state

funds to be given or transferred in any way to any organization which
as a matter of policy boycotts academic institutions in any foreign
country. Such provisions shall not apply to boycotts against a foreign
country that is defined under federal law as a State sponsor of
terrorism, or if the boycotts are related to a labor dispute or which
protest the unlawful discriminatory practices as determined by New
York State laws, rules or regulations.

Section 3: Amends section 6304 of the Education Law to state that no
community college may allow state funds to be in any way transferred
to any organization which as a matter of policy boycotts academic
institutions in any foreign country. The same exemptions apply as in
bill section 1 and 2 above.

Section 4: Amends section 6401 of the Education Law to state that no
institution of higher learning eligible for aid under this section of
law may allow state funds to be in any way transferred to any
organization which as a matter of policy boycotts academic
institutions in any foreign country not defined under federal law as a
State sponsor of terrorism, and with other exemptions relating to
other violations of state law.

Section 5: Adds a new section 74-b to the Public Officers Law stating
that no public officer of the state of New York shall become or
continue to be a member of any organization that as a matter of policy
boycotts academic institutions in any foreign country not defined
under federal law as a State sponsor of terrorism, with exemptions
relating to the state's law.

Section 6: Amends section 4 of the State Finance Law to state that no
money shall be paid out from any fund under the management of the


State to any institution found to be in violation of the new sections
of law laid out in sections 1 through 4 of this legislation.

Section 7: Adds section 139-1 to the State Finance Law to state that
the state shall not enter into any contracts with any entity found to
be in violation of the new sections of law laid out in sections 1
through 4 of this legislation.

Section 8: Adds section 8-c to the State Finance Law to state that the
comptroller must, within thirty days of the effective date of the law,
make a determination of which organizations are conducting a banned
academic boycott and inform institutions of higher learning that they
must be in compliance with the law and thirty days after that make a
determination of whether institutions of higher learning covered under
the new or amended sections of law laid out previously are in
compliance with the law and declare those institutions out of
compliance to be in violation of these sections of law.

Section 9: Adds a severability clause. Section 10: Immediate effective
date.  JUSTIFICATION:  In December 2013 the American Studies
Association joined the Association for Asian American Studies in
instituting a boycott of Israeli academic institutions, supposedly as
a means to protest Israeli actions that limit the academic freedoms
available to Palestinians. This action has been roundly denounced by
leading American scholars; The presidents of Harvard, Yale, Princeton,
Brown, Cornell, Northwestern, New York University and the University
of Chicago have all denounced the boycott as an attack on the very
academic freedoms that the American Studies Association claims to be
protecting. Four Universities, Brandeis, Penn State Harrisburg, Kenyon
College, and Indiana University, have cancelled their institutional
memberships of this group, which is the main source of funding for
this organization, along with individual dues.

Attacks of academic freedom such as this undermine the very purpose of
academia and higher learning. The people of the State of New York set
aside billions each year to further the advancement of education by
supporting a public university system and giving additional aide to
community colleges and independent colleges and universities in New
York and it is unacceptable that any such funding be diverted to
organizations that undermine the advancement of scholarship by
engaging in boycotts of other institutions of higher learning. No
public funding should be made available to any organization that
undermines academic freedom in this manner, nor should any public
employees of the state be allowed to continue being members of such
organization.

The legislation recognizes that there are some extraordinary
circumstances in which foreign academic institutions might be actively
endorsing or participating in activities that violate the conscience
of our residents and it is drafted to limit any possible constraints
on the ability of individuals to exercise their conscience.

LEGISLATIVE HISTORY:  This is a new bill

FISCAL IMPLICATION:  None

EFFECTIVE DATE:  Effective immediately

2013-S6306 (ACTIVE) - Bill Text download pdf

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

                                  6306

                            I N  S E N A T E

                            January 10, 2014
                               ___________

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

S. 6306                             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:

S. 6306                             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.

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