NY State Senate Bill 2019-S5825

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to higher education
May 15, 2019	referred to higher education

2019-S5825 (ACTIVE) - Details

Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Amd §§355, 6206 & 6306, Ed L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S8017
2017-2018: S2493
2021-2022: S3712
2023-2024: S1584

2019-S5825 (ACTIVE) - Summary

Prohibits certain student organizations which participate in discrimination or intolerance from receiving funding from SUNY, CUNY or community colleges.

2019-S5825 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5825

SPONSOR: ORTT
 
TITLE OF BILL:  An act to amend the education law, in relation to
certain student organizations which are ineligible for funding

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would prohibit student organizations that participate in hate-
speech, including advocating for the Boycott, Divestment and Sanctions
(BDS) of Israel and American allied nations from receiving public fund-
ing.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends the education law by adding a new subdivision 20 to
section 355 which states that SUNY trustees shall prohibit any campus
student organization which directly or indirectly promotes, encourages
or permits discrimination, intolerance. hate speech or boycotts against
a person, group or allied nation shall not be eligible for funding.

Section two amends section 6206 of the education law by adding a new
subdivision 19 which states that CUNY trustees shall prohibit any campus
student organization which directly or indirectly promotes, encourages
or permits discrimination, intolerance, hate speech or boycotts against
a person, group or allied nation shall not be eligible for funding.

Section three amends section 6306 of the education law by adding a new
subdivision 11 which states that the board of trustees of each community
college shall prohibit any campus student organization which directly or
indirectly promotes, encourages or permits discrimination, intolerance,
hate speech or boycotts against a person, group or allied nation shall
not be eligible for funding.

This bill expressly defines the terms "Allied nation", "Boycott" and
"Person".

Allied nations under this bill (as specified by the United States
Department of State) would include all NATO countries, Ireland, Israel,
japan, the Republic of Korea (South Korea), and all signatory countries
of the Southeast Asia (1954) and Rio (1947) Treaties.

Boycott shall mean to engage in, promote, or encourage any activi101ia
will result in any person to abstain from commercial, social or poli-
tical relations with any allied nation, companies based in allied
nations, or territories controlled by an allied nation with the intent
to penalize, inflict or cause harm to an allied nation, its people or
its commercial products.

Person shall mean any natural person, corporation, limited liability
company, unincorporated association or any nongovernmental entity,
organization or group.

Section 4 provides that this act shall take effect immediately.

 
JUSTIFICATION:

Presently, section 139 - H of the state finance law prohibits the state
of New York from participating in an international boycott against Amer-
ican allied nations. Section 6-114 of the Administrative code for the
City of New York, provides a similar restriction for New York City.
Current law recognizes that boycott behavior can seriously harm the
state, its interests and its citizens, which is why the state and City
of New York are presently expressly prohibited from engaging in interna-
tional boycotts.

Recent events have highlighted the need to extend current law to include
Student organizations that receive public funding. Since the original
law was enacted, a new movement has arisen, commonly known as BDS
(Boycott, Divest and Sanctions), whereby questionably motivated organ-
izations, engage in, and promote, discriminatory policies against Ameri-
can allied nations. This behavior not only hurts the state, its inter-
ests and its citizens, but seeks to advance anti-Semitic, anti-freedom
and anti-capitalist principles.

Several other states, including lllinois, New Jersey and South Carolina,
have also taken action to address this harmful activity.  Like New York,
they have extended their laws to prevent their states from becoming
unwilling participants in these unseemly activities through the
misguided actions of student organizations that receive public funding.
Accordingly, like those other states, this bill would not abridge any
element of free speech, but would merely prevent the State of New York
from being dragged into a discriminatory agenda directed by those who
seek to advance principles that are antithetical to our state, its
constitution and its citizens.

 
PRIOR LEGISLATIVE HISTORY:

S.2493A - Passed Senate 48-12 in 2018.
S.8017 - Passed the Senate 48-14 in 2016.

 
FISCAL IMPLICATIONS:

None noted.

 
EFFECTIVE DATE:
This act would take effect immediately.

2019-S5825 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5825
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 15, 2019
                                ___________
 
 Introduced  by  Sen.  ORTT  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Higher Education
 
 AN ACT to amend the education law, in relation to certain student organ-
   izations which are ineligible for funding
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 355 of the education law is amended by adding a new
 subdivision 20 to read as follows:
   20.  INELIGIBILITY  FOR  FUNDING;  STUDENT ORGANIZATIONS. A. THE STATE
 UNIVERSITY TRUSTEES SHALL ADOPT RULES THAT ANY STUDENT GROUP OR  STUDENT
 ORGANIZATION THAT RECEIVES FUNDING FROM THE STATE UNIVERSITY OF NEW YORK
 THAT  DIRECTLY  OR INDIRECTLY PROMOTES, ENCOURAGES, OR PERMITS DISCRIMI-
 NATION, INTOLERANCE, HATE SPEECH OR BOYCOTTS AGAINST A PERSON  OR  GROUP
 BASED  ON  RACE,  CLASS, GENDER, NATIONALITY, ETHNIC ORIGIN OR RELIGION,
 SHALL BE INELIGIBLE FOR FUNDING, INCLUDING FUNDING FROM STUDENT ACTIVITY
 FEE PROCEEDS.
   B. AS USED IN THIS SUBDIVISION, THE FOLLOWING DEFINITIONS SHALL APPLY:
   (1) "ALLIED NATION" SHALL MEAN:
   (I) ANY COUNTRY THAT IS A MEMBER OF THE NORTH ATLANTIC  TREATY  ORGAN-
 IZATION;
   (II)  ANY  COUNTRY THAT IS A SIGNATORY OF THE SOUTHEAST ASIA TREATY OF
 1954;
   (III) ANY COUNTRY, OTHER THAN VENEZUELA, THAT IS A  SIGNATORY  OF  THE
 RIO TREATY OF 1947;
   (IV) IRELAND;
   (V) ISRAEL;
   (VI) JAPAN; AND/OR
   (VII) THE REPUBLIC OF KOREA.
   (2)  "BOYCOTT"  SHALL MEAN TO ENGAGE IN ANY ACTIVITY, OR TO PROMOTE OR
 ENCOURAGE OTHERS TO ENGAGE IN ANY ACTIVITY,  THAT  WILL  RESULT  IN  ANY
 PERSON  ABSTAINING  FROM COMMERCIAL, SOCIAL OR POLITICAL RELATIONS, WITH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11779-01-9

 S. 5825                             2
 
 ANY ALLIED NATION, OR COMPANIES BASED IN AN ALLIED NATION OR IN TERRITO-
 RIES CONTROLLED BY AN  ALLIED  NATION,  WITH  THE  INTENT  TO  PENALIZE,
 INFLICT,  OR CAUSE HARM TO, OR OTHERWISE PROMOTE OR CAST DISREPUTE UPON,
 SUCH ALLIED NATION, ITS PEOPLE OR ITS COMMERCIAL PRODUCTS.
   (3)  "PERSON"  SHALL  MEAN  ANY  NATURAL  PERSON, CORPORATION, LIMITED
 LIABILITY COMPANY, UNINCORPORATED ASSOCIATION OR  ANY  OTHER  NONGOVERN-
 MENTAL  ENTITY,  ORGANIZATION,  OR  GROUP,  OR  ANY  SUCCESSOR, SUBUNIT,
 PARENT, OR SUBSIDIARY OF THE SAME.
   § 2. Section 6206 of the education law is  amended  by  adding  a  new
 subdivision 20 to read as follows:
   20. A. THE CITY UNIVERSITY TRUSTEES SHALL ADOPT RULES THAT ANY STUDENT
 GROUP  OR STUDENT ORGANIZATION THAT RECEIVES FUNDING FROM A CITY UNIVER-
 SITY OF NEW YORK THAT DIRECTLY OR INDIRECTLY  PROMOTES,  ENCOURAGES,  OR
 PERMITS  DISCRIMINATION,  INTOLERANCE, HATE SPEECH OR BOYCOTTS AGAINST A
 PERSON OR GROUP BASED ON RACE, CLASS, GENDER, NATIONALITY, ETHNIC ORIGIN
 OR RELIGION, SHALL BE INELIGIBLE FOR  FUNDING,  INCLUDING  FUNDING  FROM
 STUDENT ACTIVITY FEE PROCEEDS.
   B. AS USED IN THIS SUBDIVISION, THE FOLLOWING DEFINITIONS SHALL APPLY:
   (I) "ALLIED NATION" SHALL MEAN:
   (1)  ANY  COUNTRY THAT IS A MEMBER OF THE NORTH ATLANTIC TREATY ORGAN-
 IZATION;
   (2) ANY COUNTRY THAT IS A SIGNATORY OF THE SOUTHEAST  ASIA  TREATY  OF
 1954;
   (3)  ANY COUNTRY, OTHER THAN VENEZUELA, THAT IS A SIGNATORY OF THE RIO
 TREATY OF 1947;
   (4) IRELAND;
   (5) ISRAEL;
   (6) JAPAN; AND/OR
   (7) THE REPUBLIC OF KOREA.
   (II) "BOYCOTT" SHALL MEAN TO ENGAGE IN ANY ACTIVITY, OR TO PROMOTE  OR
 ENCOURAGE  OTHERS  TO  ENGAGE  IN  ANY ACTIVITY, THAT WILL RESULT IN ANY
 PERSON ABSTAINING FROM COMMERCIAL, SOCIAL OR POLITICAL  RELATIONS,  WITH
 ANY ALLIED NATION, OR COMPANIES BASED IN AN ALLIED NATION OR IN TERRITO-
 RIES  CONTROLLED  BY  AN  ALLIED  NATION,  WITH  THE INTENT TO PENALIZE,
 INFLICT, OR CAUSE HARM TO, OR OTHERWISE PROMOTE OR CAST DISREPUTE  UPON,
 SUCH ALLIED NATION, ITS PEOPLE OR ITS COMMERCIAL PRODUCTS.
   (III)  "PERSON"  SHALL  MEAN  ANY NATURAL PERSON, CORPORATION, LIMITED
 LIABILITY COMPANY, UNINCORPORATED ASSOCIATION OR  ANY  OTHER  NONGOVERN-
 MENTAL  ENTITY,  ORGANIZATION,  OR  GROUP,  OR  ANY  SUCCESSOR, SUBUNIT,
 PARENT, OR SUBSIDIARY OF THE SAME.
   § 3. Section 6306 of the education law is  amended  by  adding  a  new
 subdivision 11 to read as follows:
   11.  A.  THE  BOARD  OF TRUSTEES OF EACH COMMUNITY COLLEGE SHALL ADOPT
 RULES THAT ANY STUDENT GROUP OR STUDENT ORGANIZATION THAT RECEIVES FUND-
 ING FROM A COMMUNITY COLLEGE OF NEW YORK  THAT  DIRECTLY  OR  INDIRECTLY
 PROMOTES,  ENCOURAGES,  OR  PERMITS  DISCRIMINATION,  INTOLERANCE,  HATE
 SPEECH OR BOYCOTTS AGAINST A PERSON  OR  GROUP  BASED  ON  RACE,  CLASS,
 GENDER,  NATIONALITY, ETHNIC ORIGIN OR RELIGION, SHALL BE INELIGIBLE FOR
 FUNDING, INCLUDING FUNDING FROM STUDENT ACTIVITY FEE PROCEEDS.
   B. AS USED IN THIS SUBDIVISION, THE FOLLOWING DEFINITIONS SHALL APPLY:
   (I) "ALLIED NATION" SHALL MEAN:
   (1) ANY COUNTRY THAT IS A MEMBER OF THE NORTH ATLANTIC  TREATY  ORGAN-
 IZATION;
   (2)  ANY  COUNTRY  THAT IS A SIGNATORY OF THE SOUTHEAST ASIA TREATY OF
 1954;

 S. 5825                             3
 
   (3) ANY COUNTRY, OTHER THAN VENEZUELA, THAT IS A SIGNATORY OF THE  RIO
 TREATY OF 1947;
   (4) IRELAND;
   (5) ISRAEL;
   (6) JAPAN; AND/OR
   (7) THE REPUBLIC OF KOREA.
   (II)  "BOYCOTT" SHALL MEAN TO ENGAGE IN ANY ACTIVITY, OR TO PROMOTE OR
 ENCOURAGE OTHERS TO ENGAGE IN ANY ACTIVITY,  THAT  WILL  RESULT  IN  ANY
 PERSON  ABSTAINING  FROM COMMERCIAL, SOCIAL OR POLITICAL RELATIONS, WITH
 ANY ALLIED NATION, OR COMPANIES BASED IN AN ALLIED NATION OR IN TERRITO-
 RIES CONTROLLED BY AN  ALLIED  NATION,  WITH  THE  INTENT  TO  PENALIZE,
 INFLICT,  OR CAUSE HARM TO, OR OTHERWISE PROMOTE OR CAST DISREPUTE UPON,
 SUCH ALLIED NATION, ITS PEOPLE OR ITS COMMERCIAL PRODUCTS.
   (III) "PERSON" SHALL MEAN ANY  NATURAL  PERSON,  CORPORATION,  LIMITED
 LIABILITY  COMPANY,  UNINCORPORATED  ASSOCIATION OR ANY OTHER NONGOVERN-
 MENTAL ENTITY,  ORGANIZATION,  OR  GROUP,  OR  ANY  SUCCESSOR,  SUBUNIT,
 PARENT, OR SUBSIDIARY OF THE SAME.
   § 4. This act shall take effect immediately.

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Senate Bill S5825

Sponsored By

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

2019-S5825 (ACTIVE) - Details

2019-S5825 (ACTIVE) - Summary

2019-S5825 (ACTIVE) - Sponsor Memo

2019-S5825 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5825

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Sponsored By

Robert G. Ortt

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

2019-S5825 (ACTIVE) - Details

2019-S5825 (ACTIVE) - Summary

2019-S5825 (ACTIVE) - Sponsor Memo

2019-S5825 (ACTIVE) - Bill Text download pdf

Comments