NY State Senate Bill 2017-S4837

Senate Bill S4837

2017-2018 Legislative Session

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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Archive: Last Bill Status - In Senate Committee Higher Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to higher education returned to senate died in assembly
Mar 08, 2017	referred to higher education delivered to assembly passed senate
Mar 07, 2017	ordered to third reading cal.406 committee discharged and committed to rules
Mar 02, 2017	referred to higher education

Votes

- Mar 8, 2017 - Floor Vote
  S4837
  
  54
  
  Aye
  
  6
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Mar 8, 2017
      
      aye (54)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Peralta
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Robach
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      nay (6)
      
      Comrie
      
      Montgomery
      
      Parker
      
      Persaud
      
      Rivera
      
      Sanders Jr.
      
      excused (2)
      
      Dilan
      
      Savino
  Mar 7, 2017 - Rules Committee Vote
  S4837
  
  22
  
  Aye
  
  2
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Mar 7, 2017
      
      aye (22)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Flanagan
      
      Gianaris
      
      Griffo
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Ranzenhofer
      
      Robach
      
      Savino
      
      Seward
      
      Squadron
      
      Stewart-Cousins
      
      Valesky
      
      Young
      
      nay (2)
      
      Montgomery
      
      Parker
      
      excused (1)
      
      Dilan

co-Sponsors

2017-S4837 (ACTIVE) - Details

Current Committee:: Senate Higher Education
Law Section:: Education
Versions Introduced in Other Legislative Sessions:: 2019-2020: S2715
2021-2022: S384

2017-S4837 (ACTIVE) - Summary

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.

2017-S4837 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4837

 TITLE OF BILL :  An act to prohibit 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: Legislative intent.

Section 2: Prohibits any college from using state aid to fund an
academic entity, to provide funds for membership in an academic
entity, or to 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 a host country or its higher education
institutions if the country subject of such boycott hosts a higher
education institution chartered by the Board of Regents.  Colleges
violating this ban would not be eligible for state aid during the

academic year in which the violation occurs. Nothing in this section
shall 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 shall not be used by the college with regard to employment
decisions.

The bill also contains three exemptions in which the provisions of
this bill would not apply to colleges: located in a foreign country
that is a state sponsor of terrorism, when the boycott is connected
with a labor dispute, or when the boycott is for the purpose of
protesting unlawful discriminatory practices.

 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 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. 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. In short, the
legislation simply prohibits tax dollars from promoting discriminatory
practices while at the same time preserving academic freedom.

 PRIOR LEGISLATIVE HISTORY :

this bill is the same as S. 6438 of 2014, which passed the Senate

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect on the thirtieth day after it shall have
become a law.

2017-S4837 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4837
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               March 2, 2017
                                ___________
 
 Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Higher Education
 
 AN ACT to prohibit 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:
 
   Section 1. Legislative intent. The legislature hereby finds that it is
 beneficial to students of this state to have access to an education that
 is  not  bound by borders and to have the opportunity to obtain a global
 education. The legislature further finds that it is important  that  New
 York  state  undertake  efforts to ensure that its students succeed in a
 world that is continually becoming more interdependent and  diverse  and
 further  that  students  have  access  to international higher education
 institutions.  A global education allows students  to  connect,  compete
 and  cooperate  with  their  peers around the world. Therefore it is the
 policy of the state  that  colleges  not  use  state  funds  to  support
 boycotts of countries, or higher education institutions located in coun-
 tries, that host higher education institutions chartered by the board of
 regents of the university of the state of New York.
   § 2. 1. For purposes of this section the following shall apply:
   (a)  the term "academic entity" shall mean any organization comprising
 colleges, universities or professors that promotes or supports  academia
 in the United States and abroad.
   (b)  the  term  "college"  shall have the same meaning as such term is
 defined in subdivision 2 of section 2 of the education law.
   (c) the term "host country" shall mean those  countries  that  host  a
 higher  education  institution  chartered by the board of regents of the
 university of the state of New York.
   2. No college in this state may use state  aid  provided  directly  to
 such  college  to: fund an academic entity, provide funds for membership
 in an academic entity or fund travel or  lodging  for  any  employee  to
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10392-01-7

 S. 4837                             2
 
 attend  any  meeting of such academic entity if such entity has issued a
 public resolution or other official statement or undertaken an  official
 action  boycotting  a  host  country  or  higher  education institutions
 located in such country.
   3. Notwithstanding any law to the contrary, no college shall be eligi-
 ble  for  state  aid  during  the  academic year that such college is in
 violation of subdivision two of this section.
   4. The provisions of this section shall not apply to any college:
   (a) when such college is located in a country that  is  determined  by
 the United States secretary of state to be a state sponsor of terrorism;
   (b) when such boycott is connected with a labor dispute; or
   (c)  when  such  boycott  is  for  the  purpose of protesting unlawful
 discriminatory practices as determined by the laws, rules or regulations
 of this state.
   5. Nothing in this section shall limit the attendance by any  employee
 of  a  college  at  any event of an academic entity that boycotts a host
 country or higher education institutions located  in  such  country  and
 attendance  at  meetings  of  any  such  entity shall not be used by the
 college with regard to employment decisions.
   § 3. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.

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Senate Bill S4837

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Sponsored By

Jeffrey D. Klein