NY State Senate Bill 2023-S8225

Senate Bill S8225

2023-2024 Legislative Session

Prohibits funding for certain SUNY, CUNY or community colleges or organizations on such campuses which, directly or indirectly, permit terrorist organizations

download bill text pdf

Current 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 16, 2024	referred to higher education

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2023-S8225 (ACTIVE) - Details

Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Amd §§355, 6221 & 6304, Ed L

2023-S8225 (ACTIVE) - Summary

Prohibits funding for SUNY, CUNY or community colleges which, directly or indirectly, permit terrorist organizations on campus; provides that the state university trustees adopt rules and regulations that any student group or student organization that receives funding from the state university of New York that directly or indirectly promotes, encourages, advocates, or permits any terrorist advocacy or activities on campuses, shall be ineligible for funding, including funding from student activity fee proceeds.

2023-S8225 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8225

SPONSOR: RHOADS
 
TITLE OF BILL:

An act to amend the education law, in relation to prohibiting funding of
any state university of New York, city university of New York or commu-
nity college if such institutions permit certain organizations on campus

 
PURPOSE:

To amend the education law, in relation to prohibiting funding of any
state university of New York or community college if such institutions
permit certain organizations on campus.

 
SUMMARY OF PROVISIONS:

Section 1. Section 355 of the education law is amended by adding new
subdivision 22 and 23 The state university trustees shall ensure that no
financial aid shall be granted to any institution of any university of
New York which directly or indirectly, permits organizations designated
as terrorist organizations pursuant to 8 U.S.0 § 1189.

Section 2 Paragraph 1 of subdivision A of 6221 of the education law, as
amended by chapter 554 of the laws of 1985, is amended to read as
follows

Section 3 Subdivision 1 of section 6304 of the education law is amended
by adding two new paragraphs a-1 and a-2 to read as follows

Section 4 This act shall take effect immediately.

 
JUSTIFICATION:

The sudden, brutal and unconscionable Hamas attack against Israeli
civilians on October 7, 2023, has led to a stunning increase in hate.
US-based advocacy groups are reporting a sustained spike in hate inci-
dents against Jewish and Muslim individuals since the attack and the
resulting outbreak of war between Israel and Hamas.

In fact, the Anti-Defamation League had already recorded over 2,000
antisemitic incidents in the United States through July of 2023. The ADL
found that in the eight weeks immediately following the Barnes attack on
October 7, 2023, antisemitic incidents in the United States increased by
3371, according to data shared with CNN. Between October 7 and December
7, the Anti-Defamation League reported 2031 antisemitic incidents, over
two-thirds of which were directly linked to the fighting in Israel and
Gaza. By comparison, there were 465 incidents over the same period in
2022.  Shockingly over 400 of these incidents occurred on college and
university campuses.

SUNY and CUNY campuses should be institutions of higher learning where
all students have the opportunity to learn in an environment free from
dangerous speech and/or actions in support of terrorism or groups that
sponsor or commit acts of terrorism as recognized by the Federal govern-
ment. This amendment to the state Education Law seeks to prevent our
institutions from becoming ideological war zones where hate, the incite-
ment of violence and the celebration and glorification of acts of

terrorism and organizations that promote them, are permitted to flour-
ish.

This Amendment establishes requires the withholding of financial aid
from any institution of the State University of New York or City Univer-
sity of New York which directly or indirectly permits organizations
designated as terrorist organizations under 8 U.S.C.  § 1189 and bans
the funding and use of campus facilities or property by any student or
faculty group, organization or other entity which directly or indirectly
promotes, encourages, advocates for or permits activities on campus in
support of terrorist organizations as designated under 8 U.S.C. § 1189.
SUNY/CUNY land and taxpayer dollars will no longer provide the stage for
purveyors of hate, violence and terror to perform.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S8225 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8225
 
                             I N  S E N A T E
 
                             January 16, 2024
                                ___________
 
 Introduced  by  Sen.  RHOADS -- 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 prohibiting funding of
   any state university of New York,  city  university  of  New  York  or
   community college if such institutions permit certain organizations on
   campus

   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  two
 new subdivisions 22 and 23 to read as follows:
   22.  THE  STATE UNIVERSITY TRUSTEES SHALL ENSURE THAT NO FINANCIAL AID
 SHALL BE GRANTED TO ANY INSTITUTION OF THE STATE UNIVERSITY OF NEW  YORK
 WHICH,  DIRECTLY  OR  INDIRECTLY,  PERMITS  ORGANIZATIONS  DESIGNATED AS
 TERRORIST ORGANIZATIONS PURSUANT TO 8 U.S.C. § 1189.
   23. THE STATE UNIVERSITY TRUSTEES SHALL ADOPT  RULES  AND  REGULATIONS
 THAT  ANY  STUDENT  GROUP  OR STUDENT ORGANIZATION THAT RECEIVES FUNDING
 FROM THE STATE UNIVERSITY OF NEW YORK AND THAT  DIRECTLY  OR  INDIRECTLY
 PROMOTES,  ENCOURAGES,  ADVOCATES,  OR PERMITS ANY TERRORIST ADVOCACY OR
 ACTIVITIES ON CAMPUS, SHALL BE INELIGIBLE FOR FUNDING, INCLUDING FUNDING
 FROM STUDENT ACTIVITY FEE PROCEEDS.
   § 2. Paragraph 1 of subdivision A of section  6221  of  the  education
 law,  as  amended by chapter 554 of the laws of 1985, is amended to read
 as follows:
   1. Notwithstanding any other provision of law,  all  expenditures  for
 the  senior  college programs and services of the city university of New
 York shall continue to be pre-financed from  city  of  New  York  funds;
 PROVIDED,  HOWEVER,  ANY  SENIOR  COLLEGE WHICH, DIRECTLY OR INDIRECTLY,
 PERMITS ORGANIZATIONS DESIGNATED AS TERRORIST ORGANIZATIONS PURSUANT  TO
 8  U.S.C.  §  1189 SHALL NOT RECEIVE ANY FUNDING FROM THE CITY. NO STATE
 STUDENT GROUP OR STUDENT ORGANIZATION THAT  RECEIVES  FUNDING  FROM  THE
 CITY  UNIVERSITY  OF  NEW YORK AND THAT DIRECTLY OR INDIRECTLY PROMOTES,
 ENCOURAGES, ADVOCATES, OR PERMITS ANY TERRORIST ADVOCACY  OR  ACTIVITIES
 ON  CAMPUS,  SHALL  BE  INELIGIBLE  FOR  FUNDING, INCLUDING FUNDING FROM
 STUDENT ACTIVITY FEE PROCEEDS. The comptroller of the state of New  York
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD13605-02-3
 S. 8225                             2
 
 may  establish  a separate fund for the receipt and deposit of such pre-
 financing funds from the city of New York pursuant to this  subdivision,
 and all other monies deemed appropriate by the state comptroller and the
 state  director of the budget, except that all monies presently required
 by law to be paid directly to  the  city  university  construction  fund
 shall  continue  to  be so paid. All monies appropriated for such senior
 college programs and services, or derived  from  other  sources  in  the
 course  of  the  administration thereof, shall be expended upon vouchers
 approved by the chancellor of the city university, as chief  administra-
 tive officer of the city university, or by such authority or authorities
 in  the  city  university  as shall be designated by the chancellor by a
 rule or written direction filed with the comptroller, when  and  in  the
 manner  authorized  by the board of trustees. No monies appropriated for
 such senior college programs and services, or derived from other sources
 in the course of the administration thereof, shall be expended  until  a
 certificate of the aggregate funds available for expenditure pursuant to
 section  forty-nine  of  the  state finance law has been approved by the
 director of the budget and copies thereof filed  with  the  state  comp-
 troller,  the  [chairman]  CHAIR of the senate finance committee and the
 [chairman] CHAIR of the assembly ways and means committee. In regard  to
 the  city  university,  the  director  of  the budget shall exercise the
 authority granted under section forty-nine of the state finance  law  in
 accordance  with  the  provisions  of paragraph b of subdivision four of
 section three hundred fifty-five of this chapter.
   § 3. Subdivision 1 of section 6304 of the education law is amended  by
 adding two new paragraphs a-1 and a-2 to read as follows:
   A-1.  NO  STATE  FINANCIAL  AID ISSUED PURSUANT TO PARAGRAPH A OF THIS
 SUBDIVISION SHALL BE GRANTED TO ANY COMMUNITY COLLEGE WHICH, DIRECTLY OR
 INDIRECTLY, PERMITS ORGANIZATIONS DESIGNATED AS TERRORIST  ORGANIZATIONS
 PURSUANT TO 8 U.S.C. § 1189.
   A-2.  THE  STATE UNIVERSITY TRUSTEES SHALL ADOPT RULES AND REGULATIONS
 THAT ANY STUDENT GROUP OR STUDENT  ORGANIZATION  THAT  RECEIVES  FUNDING
 FROM  THE  STATE  UNIVERSITY OF NEW YORK AND THAT DIRECTLY OR INDIRECTLY
 PROMOTES, ENCOURAGES, ADVOCATES, OR PERMITS ANY  TERRORIST  ADVOCACY  OR
 ACTIVITIES ON CAMPUS, SHALL BE INELIGIBLE FOR FUNDING, INCLUDING FUNDING
 FROM STUDENT ACTIVITY FEE PROCEEDS.
   §  4. This act shall take effect immediately and shall apply to school
 years commencing on and after July 1, 2024.

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