S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10721
 
                           I N  A S S E M B L Y
 
                            September 18, 2024
                                ___________
 
 Introduced by COMMITTEE ON RULES -- (at request of M. of A. E. Brown) --
   read once and referred to the Committee on Higher Education
 
 AN  ACT to amend the education law, in relation to punitive measures and
   the collection of student loans for individuals found guilty of  anti-
   Semitism
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "anti-Semitism accountability and student loan repayment act".
   §  2.  Section  665  of  the  education law is amended by adding a new
 subdivision 6-a to read as follows:
   6-A. STUDENTS FOUND GUILTY OF ANTI-SEMITISM. A. IF THE RECIPIENT OF AN
 AWARD IS FOUND GUILTY OF ANTI-SEMITISM BY ANY ADMINISTRATIVE TRIBUNAL OR
 COURT OF COMPETENT JURISDICTION, INCLUDING IN  DISCIPLINARY  PROCEEDINGS
 BROUGHT  BY  A HIGHER EDUCATION INSTITUTION, THE PRESIDENT SHALL SUSPEND
 FURTHER PAYMENTS UNDER THE AWARD UNTIL  AND  UNLESS  THE  STUDENT  SHALL
 REPAY  IN FULL ALL EXISTING STUDENT LOANS OR OTHER STUDENT FINANCIAL AID
 AWARDED PURSUANT TO THIS ARTICLE, AND THE PRESIDENT MAY REVOKE THE AWARD
 IF THE RECIPIENT DOES NOT REPAY ALL  EXISTING  STUDENT  LOANS  OR  OTHER
 STUDENT  FINANCIAL AID AWARDED PURSUANT TO THIS ARTICLE WITHIN A REASON-
 ABLE TIME TO BE SET BY THE COMMISSIONER.
   B. THE REPAYMENT REQUIRED PURSUANT TO PARAGRAPH A OF THIS  SUBDIVISION
 SHALL  NOT  BE  DEFERRED  UNTIL  AFTER  SUCH RECIPIENT HAS COMPLETED THE
 PROGRAM FOR WHICH ANY SUCH LOAN OR AWARD IS MADE.
   C. FOR THE PURPOSES OF THIS SUBDIVISION, "ANTI-SEMITISM" SHALL MEAN:
   (I) A VIOLATION OF ANY STATE LAW, RULE, OR REGULATION OR OF  TITLE  VI
 OF  THE  CIVIL RIGHTS ACT OF 1964 (42 U.S.C. 2000D ET SEQ.) ON THE BASIS
 OF RACE, COLOR, OR NATIONAL ORIGIN, BASED ON AN INDIVIDUAL'S  ACTUAL  OR
 PERCEIVED SHARED JEWISH ANCESTRY OR JEWISH ETHNIC CHARACTERISTICS; OR
   (II)  A  PRACTICE  THAT  IS  DEFINED  AS ANTI-SEMITISM AS SUCH TERM IS
 DEFINED UNDER THE INTERNATIONAL HOLOCAUST REMEMBRANCE  ALLIANCE  ON  MAY
 TWENTY-SIXTH,  TWO  THOUSAND SIXTEEN, INCLUDING CONTEMPORARY EXAMPLES OF
 ANTI-SEMITISM.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD16164-01-4
              

 A. 10721                            2
 
   D. THE PRESIDENT SHALL REPORT ALL SUSPENSIONS OR REVOCATIONS OF  LOANS
 OR  AWARDS  PURSUANT  TO THIS SUBDIVISION TO THE DEPARTMENT ON AN ANNUAL
 BASIS.
   §  3.  Subdivision 7 of section 693 of the education law is amended by
 adding a new paragraph (a-1) to read as follows:
   (A-1) (I) NOTWITHSTANDING ANY PROVISION OF LAW TO  THE  CONTRARY,  THE
 CORPORATION  SHALL BE ENTITLED TO GARNISH THE DISPOSABLE PAY OF AN INDI-
 VIDUAL TO COLLECT THE AMOUNT OWED BY THE INDIVIDUAL, IF SUCH  INDIVIDUAL
 IS FOUND GUILTY OF ANTI-SEMITISM BY ANY ADMINISTRATIVE TRIBUNAL OR COURT
 OF COMPETENT JURISDICTION, INCLUDING IN DISCIPLINARY PROCEEDINGS BROUGHT
 BY A HIGHER EDUCATION INSTITUTION, PROVIDED THAT:
   (A)  THE  AMOUNT  DEDUCTED  FOR ANY PAY PERIOD DOES NOT EXCEED FIFTEEN
 PERCENT OF DISPOSABLE PAY. HOWEVER, THE AMOUNT DEDUCTED FOR  ANY  PERIOD
 MAY EXCEED FIFTEEN PERCENT WITH THE WRITTEN CONSENT OF THE INDIVIDUAL;
   (B)  PRIOR TO GARNISHMENT, THE INDIVIDUAL SHALL HAVE BEEN GIVEN THIRTY
 DAYS WRITTEN NOTICE TO THE INDIVIDUAL'S LAST KNOWN ADDRESS ADVISING SUCH
 INDIVIDUAL OF THE NATURE OF THE OBLIGATION, AMOUNT  OF  THE  LOAN  OBLI-
 GATION,  THE  CORPORATION'S  INTENT TO GARNISH AND AN EXPLANATION OF THE
 INDIVIDUAL'S RIGHTS UNDER THIS SECTION INCLUDING THE  RIGHT  TO  INSPECT
 AND COPY RECORDS RELATING TO THE DEBT; AND
   (C)  THE  INDIVIDUAL  SHALL HAVE BEEN GIVEN AN OPPORTUNITY WITHIN SUCH
 THIRTY-DAY PERIOD TO ENTER INTO A WRITTEN REPAYMENT AGREEMENT  WITH  THE
 CORPORATION TO AVOID GARNISHMENT OF WAGES.
   (II) FOR THE PURPOSES OF THIS PARAGRAPH, "ANTI-SEMITISM" SHALL MEAN:
   (A)  A  VIOLATION OF ANY STATE LAW, RULE, OR REGULATION OR OF TITLE VI
 OF THE CIVIL RIGHTS ACT OF 1964 (42 U.S.C. 2000D ET SEQ.) ON  THE  BASIS
 OF  RACE,  COLOR, OR NATIONAL ORIGIN, BASED ON AN INDIVIDUAL'S ACTUAL OR
 PERCEIVED SHARED JEWISH ANCESTRY OR JEWISH ETHNIC CHARACTERISTICS; OR
   (B) A PRACTICE THAT IS  DEFINED  AS  ANTI-SEMITISM  AS  SUCH  TERM  IS
 DEFINED  UNDER  THE  INTERNATIONAL HOLOCAUST REMEMBRANCE ALLIANCE ON MAY
 TWENTY-SIXTH, TWO THOUSAND SIXTEEN, INCLUDING CONTEMPORARY  EXAMPLES  OF
 ANTI-SEMITISM.
   (III)  THE  CORPORATION SHALL REPORT ALL INSTANCES OF WAGE GARNISHMENT
 CONDUCTED PURSUANT TO THIS PARAGRAPH TO  THE  DEPARTMENT  ON  AN  ANNUAL
 BASIS.
   § 4. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section  or  part  of  this act shall be adjudged by any court of
 competent jurisdiction to be invalid, such judgment  shall  not  affect,
 impair,  or  invalidate  the remainder thereof, but shall be confined in
 its operation to the clause, sentence, paragraph,  subdivision,  section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the  legislature  that  this  act  would  have been enacted even if such
 invalid provisions had not been included herein.
   § 5. This act shall take effect on the one hundred twentieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.