NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8392A
SPONSOR: Silver (MS)
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 insti-
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 is the legislative intent.
*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
*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.
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 interfer-
ence. 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 socie-
ties. 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 interde-
pendence 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 legis-
lation 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.
EFFECTIVE DATE: This act shall take effect on the thirtieth day after
it shall have become a law.
STATE OF NEW YORK
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 § 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.
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 § 3. This act shall take effect on the thirtieth day after it shall
21 have become a law.