A08392 Summary:

BILL NO    A08392A

SAME AS    No same as 

SPONSOR    Silver (MS)

COSPNSR    Glick, Hikind, Morelle, Farrell, Cymbrowitz, Lavine, Weinstein,
           Goldfeder, Rozic, Jacobs, Titus, Sweeney, Englebright, Dinowitz,
           Scarborough, Colton, Benedetto, Jaffee, Schimel, Titone, Miller,
           Thiele, Moya, Brindisi, Otis, Abbate, Braunstein, Cook, Camara,
           Ortiz, Pichardo, Bronson, Brook-Krasny, Lentol, Paulin, Sepulveda,
           Skoufis, Weisenberg, Weprin, Zebrowski, Galef, Arroyo, Hooper,
           DenDekker, Buchwald

MLTSPNSR   McDonald



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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A08392 Actions:

BILL NO    A08392A

01/10/2014 referred to higher education
02/06/2014 amend and recommit to higher education
02/06/2014 print number 8392a
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A08392 Votes:

There are no votes for this bill in this legislative session.
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A08392 Memo:

BILL NUMBER:A8392A

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, using or providing state aid for membership in an academic
entity, or using or providing state aid for 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.

*Defines a host country, which for purposes of the bill is.one that
hosts a higher education institution chartered by the Board of
Regents.

*Provides that colleges violating this prohibition would have an
amount equal to the state aid expended by such college for purposes
prohibited by this act determined to be unreimbursable and deducted
from any future payments of state aid to such college.

*Provides that nothing would 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 could not be used by the
college with regard to employment decisions.

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, particularly those that are
discriminatory, 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. The state should not be in the
position of promoting or supporting such boycotts with use of tax
dollars. 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. Nothing in this legislation would prohibit a college
or person from engaging in any type of boycott, but in short, the
legislation simply would prohibit 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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A08392 Text:

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

                                        8392--A

                                 I N  A S S E M B L Y

                                   January 10, 2014
                                      ___________

       Introduced by M. of A. SILVER, GLICK, HIKIND, MORELLE, FARRELL, CYMBROW-
         ITZ,  LAVINE,  WEINSTEIN,  GOLDFEDER,  ROZIC,  JACOBS, TITUS, SWEENEY,
         ENGLEBRIGHT, DINOWITZ, SCARBOROUGH, COLTON, BENEDETTO,  JAFFEE,  SCHI-
         MEL,  TITONE,  MILLER,  THIELE,  MOYA,  BRINDISI,  OTIS, ROSA, ABBATE,
         BRAUNSTEIN, COOK,  CAMARA,  ORTIZ,  PICHARDO,  BRONSON,  BROOK-KRASNY,
         LENTOL,  PAULIN,  SEPULVEDA,  SKOUFIS,  WEISENBERG, WEPRIN, ZEBROWSKI,
         GALEF, ARROYO, HOOPER, DenDEKKER, BUCHWALD -- Multi-Sponsored by -- M.
         of A. McDONALD -- read once and referred to the  Committee  on  Higher
         Education  -- committee discharged, bill amended, ordered reprinted as
         amended and recommitted to said committee

       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:

    1    Section 1. Legislative intent. The legislature hereby finds that it is
    2  beneficial to students of this state to have access to an education that
    3  is  not  bound by borders and to have the opportunity to obtain a global
    4  education. The legislature further finds that it is important  that  New
    5  York  State  undertake  efforts to ensure that its students succeed in a
    6  world that is continually becoming more interdependent and  diverse  and
    7  further  that  students  have  access  to international higher education
    8  institutions.  A global education allows students to  connect,  compete,
    9  and  cooperate  with  their  peers around the world. Therefore it is the
   10  policy of the State of New York that colleges not  use  state  funds  to
   11  support  boycotts of countries, or higher education institutions located
   12  in countries, that host higher education institutions chartered  by  the
   13  Board of Regents of the University of the State of New York.
   14    S 2. 1. For purposes of this section the following shall apply:
   15    (a)  the term "academic entity" shall mean any organization comprising
   16  colleges, universities or professors that promotes or supports  academia
   17  in the United States and abroad.
   18    (b)  the  term  "college"  shall have the same meaning as such term is
   19  defined in subdivision two of section two of the education law.

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13441-08-4
       A. 8392--A                          2

    1    (c) the term "host country" shall mean those  countries  that  host  a
    2  higher  education  institution  chartered by the Board of Regents of the
    3  University of the State of New York.
    4    2.  No  college  in  this state may use state aid provided directly to
    5  such college to: fund an academic entity, provide funds  for  membership
    6  in  an  academic  entity  or  fund travel or lodging for any employee to
    7  attend any meeting of such academic entity if such entity has  issued  a
    8  public  resolution or other official statement or undertaken an official
    9  action boycotting  a  host  country  or  higher  education  institutions
   10  located in such country.
   11    3.    If  a  college  has violated subdivision two of this section, an
   12  amount equal to the state aid expended  by  such  college  for  purposes
   13  prohibited  by  subdivision  two of this section shall be unreimbursable
   14  and deducted from any future payments of state aid to such college.
   15    4. Nothing in this section shall limit the attendance by any  employee
   16  of  a  college  at  any event of an academic entity that boycotts a host
   17  country or higher education institutions located  in  such  country  and
   18  attendance  at  meetings  of  any  such  entity shall not be used by the
   19  college with regard to employment decisions.
   20    S 3. This act shall take effect on the thirtieth day  after  it  shall
   21  have become a law.
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