Bill Text: NY A08632 | 2013-2014 | General Assembly | Introduced
Bill Title: Prohibits institutions of higher education from participating in or providing funding to organizations that boycott academic institutions located in foreign countries.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-01-29 - referred to higher education [A08632 Detail]
Download: New_York-2013-A08632-Introduced.html
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:
1 Section 1. The education law is amended by adding a new section 355-d
2 to read as follows:
3 S 355-D. PROHIBITION ON CERTAIN BOYCOTTS OF FOREIGN ACADEMIC INSTI-
4 TUTIONS. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ANY INSTITUTION OF
5 THE STATE UNIVERSITY OF NEW YORK OR PRIVATE INSTITUTION OF HIGHER EDUCA-
6 TION LOCATED WITHIN THIS STATE THAT PARTICIPATES IN OR PROVIDES FUNDING
7 TO ANY ORGANIZATION THAT, AS A MATTER OF POLICY, BOYCOTTS AN ACADEMIC
8 INSTITUTION LOCATED IN ANY FOREIGN COUNTRY, SHALL BE PROHIBITED FROM
9 RECEIVING ANY STATE AID OR STATE FUNDING FROM THIS STATE; PROVIDED THAT
10 THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO THE BOYCOTT OF AN
11 ACADEMIC INSTITUTION LOCATED IN A FOREIGN COUNTRY:
12 A. WHEN THE FOREIGN COUNTRY IS DETERMINED BY THE UNITED STATES SECRE-
13 TARY OF STATE TO BE A STATE SPONSOR OF TERRORISM;
14 B. WHEN THE BOYCOTT IS CONNECTED WITH A LABOR DISPUTE; OR
15 C. WHEN THE BOYCOTT IS FOR THE PURPOSE OF PROTESTING UNLAWFUL DISCRI-
16 MINATORY PRACTICES AS DETERMINED BY THE LAWS, RULES OR REGULATIONS OF
17 THIS STATE.
18 S 2. Section 6221 of the education law is amended by adding a new
19 subdivision F to read as follows:
20 F. PROHIBITION ON CERTAIN BOYCOTTS OF FOREIGN ACADEMIC INSTITUTIONS.
21 NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ANY INSTITUTION OF THE CITY
22 UNIVERSITY OF NEW YORK OR PRIVATE INSTITUTION OF HIGHER EDUCATION
23 LOCATED WITHIN THE CITY OF NEW YORK THAT PARTICIPATES IN OR PROVIDES
24 FUNDING TO ANY ORGANIZATION THAT, AS A MATTER OF POLICY, BOYCOTTS AN
25 ACADEMIC INSTITUTION LOCATED IN ANY FOREIGN COUNTRY, SHALL BE PROHIBITED
26 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
1 THAT THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO THE BOYCOTT
2 OF AN ACADEMIC INSTITUTION LOCATED IN A FOREIGN COUNTRY:
3 1. WHEN THE FOREIGN COUNTRY IS DETERMINED BY THE UNITED STATES SECRE-
4 TARY OF STATE TO BE A STATE SPONSOR OF TERRORISM;
5 2. WHEN THE BOYCOTT IS CONNECTED WITH A LABOR DISPUTE; OR
6 3. WHEN THE BOYCOTT IS FOR THE PURPOSE OF PROTESTING UNLAWFUL DISCRI-
7 MINATORY PRACTICES AS DETERMINED BY THE LAWS, RULES OR REGULATIONS OF
8 THIS STATE.
9 S 3. Section 6304 of the education law is amended by adding a new
10 subdivision 14 to read as follows:
11 14. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ANY COMMUNITY COLLEGE
12 LOCATED WITHIN THIS STATE THAT PARTICIPATES IN OR PROVIDES FUNDING TO
13 ANY ORGANIZATION THAT, AS A MATTER OF POLICY, BOYCOTTS AN ACADEMIC
14 INSTITUTION LOCATED IN ANY FOREIGN COUNTRY, SHALL BE PROHIBITED FROM
15 RECEIVING ANY STATE AID OR STATE FUNDING FROM THIS STATE; PROVIDED THAT
16 THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO THE BOYCOTT OF AN
17 ACADEMIC INSTITUTION LOCATED IN A FOREIGN COUNTRY:
18 A. WHEN THE FOREIGN COUNTRY IS DETERMINED BY THE UNITED STATES SECRE-
19 TARY OF STATE TO BE A STATE SPONSOR OF TERRORISM;
20 B. WHEN THE BOYCOTT IS CONNECTED WITH A LABOR DISPUTE; OR
21 C. WHEN THE BOYCOTT IS FOR THE PURPOSE OF PROTESTING UNLAWFUL DISCRI-
22 MINATORY PRACTICES AS DETERMINED BY THE LAWS, RULES OR REGULATIONS OF
23 THIS STATE.
24 S 4. Section 6401 of the education law is amended by adding a new
25 subdivision 6 to read as follows:
26 6. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ANY INDEPENDENT INSTI-
27 TUTION OF HIGHER LEARNING LOCATED WITHIN THIS STATE THAT PARTICIPATES IN
28 OR PROVIDES FUNDING TO ANY ORGANIZATION THAT, AS A MATTER OF POLICY,
29 BOYCOTTS AN ACADEMIC INSTITUTION LOCATED IN ANY FOREIGN COUNTRY, SHALL
30 BE PROHIBITED FROM RECEIVING ANY STATE AID OR STATE FUNDING FROM THIS
31 STATE; PROVIDED THAT THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY
32 TO THE BOYCOTT OF AN ACADEMIC INSTITUTION LOCATED IN A FOREIGN COUNTRY:
33 A. WHEN THE FOREIGN COUNTRY IS DETERMINED BY THE UNITED STATES SECRE-
34 TARY OF STATE TO BE A STATE SPONSOR OF TERRORISM;
35 B. WHEN THE BOYCOTT IS CONNECTED WITH A LABOR DISPUTE; OR
36 C. WHEN THE BOYCOTT IS FOR THE PURPOSE OF PROTESTING UNLAWFUL DISCRI-
37 MINATORY PRACTICES AS DETERMINED BY THE LAWS, RULES OR REGULATIONS OF
38 THIS STATE.
39 S 5. The public officers law is amended by adding a new section 74-b
40 to read as follows:
41 S 74-B. PROHIBITIONS OF CERTAIN BOYCOTTS OF FOREIGN ACADEMIC INSTI-
42 TUTIONS. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, NO STATE OFFICER OR
43 LOCAL OFFICER SHALL BECOME OR CONTINUE TO BE A MEMBER OF ANY ORGANIZA-
44 TION THAT, AS A MATTER OF POLICY, BOYCOTTS AN ACADEMIC INSTITUTION
45 LOCATED IN ANY FOREIGN COUNTRY; PROVIDED THAT THE PROVISIONS OF THIS
46 SECTION SHALL NOT APPLY TO THE BOYCOTT OF AN ACADEMIC INSTITUTION
47 LOCATED IN A FOREIGN COUNTRY:
48 1. WHEN THE FOREIGN COUNTRY IS DETERMINED BY THE UNITED STATES SECRE-
49 TARY OF STATE TO BE A STATE SPONSOR OF TERRORISM;
50 2. WHEN THE BOYCOTT IS CONNECTED WITH A LABOR DISPUTE; OR
51 3. WHEN THE BOYCOTT IS FOR THE PURPOSE OF PROTESTING UNLAWFUL DISCRI-
52 MINATORY PRACTICES AS DETERMINED BY THE LAWS, RULES OR REGULATIONS OF
53 THIS STATE.
54 S 6. Section 4 of the state finance law is amended by adding a new
55 subdivision 11 to read as follows:
A. 8632 3
1 11. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, NO MONEY SHALL BE PAID
2 OUT OF ANY FUND UNDER THE MANAGEMENT OF THE STATE TO ANY INSTITUTION
3 FOUND TO BE IN VIOLATION OF SECTION THREE HUNDRED FIFTY-FIVE-D, SUBDIVI-
4 SION F OF SECTION SIX THOUSAND TWO HUNDRED TWENTY-ONE, SUBDIVISION FOUR-
5 TEEN OF SECTION SIX THOUSAND THREE HUNDRED FOUR OR SUBDIVISION SIX OF
6 SECTION SIX THOUSAND FOUR HUNDRED ONE OF THE EDUCATION LAW.
7 S 7. The state finance law is amended by adding a new section 139-l to
8 read as follows:
9 S 139-L. PROHIBITIONS ON CONTRACTS WITH CERTAIN INSTITUTIONS OF HIGHER
10 EDUCATION. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE STATE SHALL
11 BE PROHIBITED FROM ENTERING INTO ANY CONTRACT WITH ANY INSTITUTION FOUND
12 TO BE IN VIOLATION OF SECTION THREE HUNDRED FIFTY-FIVE-D, SUBDIVISION F
13 OF SECTION SIX THOUSAND TWO HUNDRED TWENTY-ONE, SUBDIVISION FOURTEEN OF
14 SECTION SIX THOUSAND THREE HUNDRED FOUR OR SUBDIVISION SIX OF SECTION
15 SIX THOUSAND FOUR HUNDRED ONE OF THE EDUCATION LAW.
16 S 8. The state finance law is amended by adding a new section 8-c to
17 read as follows:
18 S 8-C. COMPLIANCE BY EDUCATIONAL INSTITUTIONS; BOYCOTTS. THE COMP-
19 TROLLER SHALL, WITHIN THIRTY DAYS OF THE EFFECTIVE DATE OF THIS SECTION,
20 MAKE A DETERMINATION AS TO WHETHER OR NOT EACH INSTITUTION SUBJECT TO
21 THE PROVISIONS OF SECTION THREE HUNDRED FIFTY-FIVE-D, SUBDIVISION F OF
22 SECTION SIX THOUSAND TWO HUNDRED TWENTY-ONE, SUBDIVISION FOURTEEN OF
23 SECTION SIX THOUSAND THREE HUNDRED FOUR OR SUBDIVISION SIX OF SECTION
24 SIX THOUSAND FOUR HUNDRED ONE OF THE EDUCATION LAW IS IN COMPLIANCE WITH
25 SUCH APPLICABLE SECTION, AND FIND THOSE INSTITUTIONS NOT IN COMPLIANCE
26 WITH SUCH APPLICABLE SECTION TO BE IN VIOLATION OF SUCH SECTION. UPON A
27 DETERMINATION BY THE COMPTROLLER THAT AN EDUCATIONAL INSTITUTION OR
28 PUBLIC OFFICER IS NOT IN COMPLIANCE WITH THE APPLICABLE SECTION OF THE
29 EDUCATION LAW, THE COMPTROLLER SHALL IMMEDIATELY PROVIDE NOTICE THEREOF
30 TO THE EDUCATIONAL INSTITUTION OR PUBLIC OFFICER. EACH EDUCATIONAL
31 INSTITUTION OR PUBLIC OFFICER RECEIVING SUCH A NOTICE OF NONCOMPLIANCE
32 SHALL, WITHIN THIRTY DAYS OF THE RECEIPT THEREOF, TERMINATE PARTIC-
33 IPATION IN, MEMBERSHIP IN OR THE PROVISION OF FUNDING TO ANY ORGANIZA-
34 TION THAT, AS A MATTER OF POLICY, BOYCOTTS AN ACADEMIC INSTITUTION
35 LOCATED IN A FOREIGN COUNTRY.
36 S 9. Severability. If any clause, sentence, paragraph, section or part
37 of this act shall be adjudged by any court of competent jurisdiction to
38 be invalid and after exhaustion of all further judicial review, the
39 judgment shall not affect, impair or invalidate the remainder thereof,
40 but shall be confined in its operation to the clause, sentence, para-
41 graph, section or part of this act directly involved in the controversy
42 in which the judgment shall have been rendered.
43 S 10. This act shall take effect immediately.
