A01835 Summary:

BILL NOA01835
 
SAME ASNo Same As
 
SPONSORGunther
 
COSPNSRCrespo, Hooper
 
MLTSPNSRPerry, Rivera, Robinson
 
Amd SS355, 6215 & 6304, Ed L
 
Requires the biennial conducting of a referendum of the student body at each college and university of the state university of New York and city university of New York, and at each community college as to whether the student activity fees shall be mandatory or voluntary; requires the funds from such fees to be disbursed in a fair and neutral manner without regard to the viewpoints of organizations requesting funding; requires the posting of a notice of the purpose of such fee and the mission statements of all organizations receiving disbursements from such fees.
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A01835 Actions:

BILL NOA01835
 
01/13/2015referred to higher education
01/06/2016referred to higher education
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A01835 Committee Votes:

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A01835 Floor Votes:

There are no votes for this bill in this legislative session.
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A01835 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1835
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 13, 2015
                                       ___________
 
        Introduced  by M. of A. GUNTHER, CRESPO, HOOPER -- Multi-Sponsored by --
          M. of A. PERRY, RIVERA, ROBINSON -- read  once  and  referred  to  the
          Committee on Higher Education
 
        AN ACT to amend the education law, in relation to student activity fees
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 355 of the education law is amended by adding a new
     2  subdivision 20 to read as follows:
     3    20. Student activity fee.  a.  Disclosure.  Every college or universi-
     4  ty of the state university shall conspicuously post on a publicly acces-
     5  sible website a notice regarding the student activity  fee  which  shall
     6  include,  but  not  be  limited to: (1) the purpose of such fee, (2) the
     7  rules and procedures for the allocation of funds from such fee, (3)  the
     8  name  and  mission  statement of each student organization that received
     9  funding from such  fee  during  the  previous  academic  year,  (4)  the
    10  requirement  that  all  funding decisions be made in an open forum where
    11  all students are given the opportunity to comment, (5) that all  funding
    12  decisions  shall  be made in a fair and neutral manner without regard to
    13  the viewpoints of the organization requesting funding, and  (6)  that  a
    14  referendum  shall  be held at least every two years the purpose of which
    15  is to determine whether the student activity fee shall be  mandatory  or
    16  voluntary.
    17    b.  Referendum.  Prior  to  the  close of the first full academic year
    18  immediately following the effective date of  this  subdivision,  and  at
    19  least  once every two years thereafter, the student body at each college
    20  or university operated by the state university shall determine by refer-
    21  endum whether student activity programs shall  be  supported  by  either
    22  voluntary or mandatory student fees.  Such referendum shall be conducted
    23  on  campus  at  an easily accessible polling place or places and at such
    24  time as shall be convenient for the greatest number of  students.  Under
    25  no circumstances shall funding for any particular organization be deter-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01570-01-5

        A. 1835                             2
 
     1  mined  by  referendum.  Notice of such referendum shall be conspicuously
     2  posted at several locations on campus for not  less  than  fifteen  days
     3  prior  to  the  date  on  which  the referendum shall be conducted. Such
     4  notice  shall  include,  but  not  be  limited to, the date on which the
     5  referendum will be held, the times during which polling places  will  be
     6  open,  the location of all polling places, and the question or questions
     7  before the student body.
     8    c. Eligibility for funding. Any group that is officially recognized by
     9  the representative student organization in  accordance  with  procedures
    10  established  on  each  campus  shall be eligible to receive funding from
    11  student activity fee proceeds.
    12    d. Disbursement of funds. Proceeds of the student activity  fee  shall
    13  be  disbursed  by  the representative student organization in a fair and
    14  neutral manner without regard to  the  viewpoints  of  the  organization
    15  requesting funding. All funding decisions shall be made in an open forum
    16  where members of the student body are given an opportunity to comment.
    17    e.  Appeal  of funding decisions. The representative student organiza-
    18  tion on each campus shall  create  an  appeals  process  for  registered
    19  student  organizations  complaining  of  viewpoint discrimination in the
    20  funding process. After exhausting student review,  an  aggrieved  regis-
    21  tered  student organization may appeal to the chief administrative offi-
    22  cer of each campus, or his or her designee.
    23    § 2. Section 6215 of the education law is  amended  by  adding  a  new
    24  subdivision 4 to read as follows:
    25    4.  Student  activity fee. a. Disclosure.  Every college or university
    26  of the city university shall conspicuously post on a publicly accessible
    27  website a notice regarding the student activity fee which shall include,
    28  but not be limited to: (1) the purpose of such fee, (2)  the  rules  and
    29  procedures  for  the allocation of funds from such fee, (3) the name and
    30  mission statement of each student  organization  that  received  funding
    31  from  such  fee  during  the previous academic year, (4) the requirement
    32  that all funding decisions be made in an open forum where  all  students
    33  are  given  the  opportunity  to comment, (5) that all funding decisions
    34  shall be made in a fair and neutral manner without regard to  the  view-
    35  points of the organization requesting funding, and (6) that a referendum
    36  shall be held at least every two years the purpose of which is to deter-
    37  mine whether the student activity fee shall be mandatory or voluntary.
    38    b.  Referendum.  Prior  to  the  close of the first full academic year
    39  immediately following the effective date of  this  subdivision,  and  at
    40  least  once every two years thereafter, the student body at each college
    41  or university operated by the city university shall determine by  refer-
    42  endum  whether  student  activity  programs shall be supported by either
    43  voluntary or mandatory student fees.  Such referendum shall be conducted
    44  on campus at an easily accessible polling place or places  and  at  such
    45  time  as  shall be convenient for the greatest number of students. Under
    46  no circumstances shall funding for any particular organization be deter-
    47  mined by referendum. Notice of such referendum  shall  be  conspicuously
    48  posted  at  several  locations  on campus for not less than fifteen days
    49  prior to the date on which  the  referendum  shall  be  conducted.  Such
    50  notice  shall  include,  but  not  be  limited to, the date on which the
    51  referendum will be held, the times during which polling places  will  be
    52  open,  the location of all polling places, and the question or questions
    53  before the student body.
    54    c. Eligibility for funding. Any group that is officially recognized by
    55  the representative student organization in  accordance  with  procedures

        A. 1835                             3
 
     1  established  on  each  campus  shall be eligible to receive funding from
     2  student activity fee proceeds.
     3    d.  Disbursement  of funds. Proceeds of the student activity fee shall
     4  be disbursed by the representative student organization in  a  fair  and
     5  neutral  manner  without  regard  to  the viewpoints of the organization
     6  requesting funding. All funding decisions shall be made in an open forum
     7  where members of the student body are given an opportunity to comment.
     8    e. Appeal of funding decisions. The representative  student  organiza-
     9  tion  on  each  campus  shall  create  an appeals process for registered
    10  student organizations complaining of  viewpoint  discrimination  in  the
    11  funding  process.  After  exhausting student review, an aggrieved regis-
    12  tered student organization may appeal to the chief administrative  offi-
    13  cer of each campus, or his or her designee.
    14    §  3.  Section  6304  of  the education law is amended by adding a new
    15  subdivision 1-a to read as follows:
    16    1-a. Student activity fee. a. Disclosure.    Every  community  college
    17  shall  conspicuously  post  on  a  publicly  accessible website a notice
    18  regarding the student activity fee  which  shall  include,  but  not  be
    19  limited  to:  (1)  the purpose of such fee, (2) the rules and procedures
    20  for the allocation of funds from such fee,  (3)  the  name  and  mission
    21  statement  of  each student organization that received funding from such
    22  fee during the previous academic year,  (4)  the  requirement  that  all
    23  funding  decisions be made in an open forum where all students are given
    24  the opportunity to comment, (5) that all funding decisions shall be made
    25  in a fair and neutral manner without regard to  the  viewpoints  of  the
    26  organization requesting funding, and (6) that a referendum shall be held
    27  at  least  every  two years the purpose of which is to determine whether
    28  the student activity fee shall be mandatory or voluntary.
    29    b. Referendum. Prior to the close of  the  first  full  academic  year
    30  immediately  following  the  effective  date of this subdivision, and at
    31  least once every two years thereafter, the student body at each communi-
    32  ty college  shall  determine  by  referendum  whether  student  activity
    33  programs  shall  be  supported  by either voluntary or mandatory student
    34  fees. Such referendum shall be conducted on campus at an easily accessi-
    35  ble polling place or places and at such time as shall be convenient  for
    36  the  greatest  number  of students. Under no circumstances shall funding
    37  for any particular organization be determined by referendum.  Notice  of
    38  such  referendum  shall  be conspicuously posted at several locations on
    39  campus for not less than fifteen days prior to the  date  on  which  the
    40  referendum  shall  be  conducted.  Such notice shall include, but not be
    41  limited to, the date on which the referendum will  be  held,  the  times
    42  during  which  polling  places will be open, the location of all polling
    43  places, and the question or questions before the student body.
    44    c. Eligibility for funding. Any group that is officially recognized by
    45  the representative student organization in  accordance  with  procedures
    46  established  on  each  campus  shall be eligible to receive funding from
    47  student activity fee proceeds.
    48    d. Disbursement of funds. Proceeds of the student activity  fee  shall
    49  be  disbursed  by  the representative student organization in a fair and
    50  neutral manner without regard to  the  viewpoints  of  the  organization
    51  requesting funding. All funding decisions shall be made in an open forum
    52  where members of the student body are given an opportunity to comment.
    53    e.  Appeal  of funding decisions. The representative student organiza-
    54  tion on each campus shall  create  an  appeals  process  for  registered
    55  student  organizations  complaining  of  viewpoint discrimination in the
    56  funding process. After exhausting student review,  an  aggrieved  regis-

        A. 1835                             4
 
     1  tered  student organization may appeal to the chief administrative offi-
     2  cer of each campus, or his or her designee.
     3    § 4. This act shall take effect on the first of August next succeeding
     4  the date on which it shall have become a law.
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