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-
tutions.
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 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.
FISCAL IMPLICATIONS:
Undetermined.
EFFECTIVE DATE: This act shall take effect on the thirtieth day after
it shall have become a law.
