NY State Senate Bill 2021-S384

Senate Bill S384

2021-2022 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

download bill text pdf

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to higher education
Jan 06, 2021	referred to higher education

co-Sponsors

2021-S384 (ACTIVE) - Details

See Assembly Version of this Bill:: A420
Current Committee:: Senate Higher Education
Law Section:: Education
Versions Introduced in Other Legislative Sessions:: 2017-2018: S4837
2019-2020: S2715, A7340
2023-2024: A716

2021-S384 (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.

2021-S384 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S384

SPONSOR: KAPLAN
 
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 insti-
tutions.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Legislative intent.

Section 2: Prohibits any college from using state aid to fund an academ-
ic 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 interfer-
ence. Academic boycotts violate the principles of academic freedom, open
exchange, and freedom of thought and expression. In addition, undertak-
ing 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 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. In short, the legislation simply prohibits tax dollars
from promoting discriminatory practices while at the same time preserv-
ing academic freedom.

 
PRIOR LEGISLATIVE HISTORY:

S. 2715/A. 4837 of 2019/20; Refereed to Higher Education S. 4837 of
2017/2018 Passed Senate

 
FISCAL IMPLICATIONS:

None.

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

2021-S384 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    384
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by Sens. KAPLAN, KAMINSKY -- 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD00479-01-1

 S. 384                              2
 
 in an academic entity or fund travel or  lodging  for  any  employee  to
 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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S384

Share this bill

Sponsored By

Anna M. Kaplan