S06306 Summary:

BILL NOS06306
 
SAME ASSAME AS A08632
 
SPONSORKLEIN
 
COSPNSR
 
MLTSPNSR
 
Add S355-d, amd SS6221, 6304 & 6401, Ed L; add S74-b, Pub Off L; amd S4, add SS139-l & 8-c, St Fin L
 
Prohibits institutions of higher education from participating in or providing funding to organizations that boycott academic institutions located in foreign countries.
Go to top    

S06306 Actions:

BILL NOS06306
 
01/10/2014REFERRED TO HIGHER EDUCATION
Go to top

S06306 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6306
 
                    IN SENATE
 
                                    January 10, 2014
                                       ___________
 
        Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
          printed to be committed 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    § 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    § 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

        S. 6306                             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    § 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    § 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    §  5.  The public officers law is amended by adding a new section 74-b
    40  to read as follows:
    41    § 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    § 6. Section 4 of the state finance law is amended  by  adding  a  new
    55  subdivision 11 to read as follows:

        S. 6306                             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    § 7. The state finance law is amended by adding a new section 139-l to
     8  read as follows:
     9    § 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    § 8. The state finance law is amended by adding a new section  8-c  to
    17  read as follows:
    18    §  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    § 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    § 10. This act shall take effect immediately.
Go to top