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S4837Senate2017-2018 Session

Ban State Funds for Boycotters

Official title

“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”

Sponsor Jeffrey D. KleinSD-34+3 co-sponsorsAffects Education
Status
In Senate Committee
Higher Education
Impact
6/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Higher Education

What's happening

This bill prohibits New York colleges from using state funds to support academic boycotts against countries hosting NY-chartered higher education institutions.

Why it matters

  1. Limits state funding as leverage. By denying state aid to colleges that use funds to support academic boycotts of certain countries, the bill uses financial pressure to discourage institutions from participating in these boycotts, potentially influencing campus policy decisions and academic freedom debates.

  2. Protects ties with NY-chartered foreign institutions. The legislation specifically shields countries that host higher education institutions chartered by New York’s Board of Regents, aiming to safeguard academic partnerships and global educational opportunities for NY students.

  3. Makes exceptions for specific circumstances. The bill allows for boycotts in cases involving US-designated state sponsors of terrorism, labor disputes, or protests against unlawful discrimination, acknowledging that some forms of boycott may serve compelling ethical or legal interests.

  4. Separates funding from individual participation. While restricting the use of state funds, the bill ensures individual faculty or staff are not barred from attending events organized by boycotting entities on their own, nor can such attendance be used against them in employment decisions, balancing institutional restrictions with some personal academic freedoms.

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Who cares

  • New York colleges receiving state aid

    They would lose eligibility for state aid for an academic year if they used directly provided state aid to fund covered boycotting academic entities, memberships or employee travel and lodging to their meetings.

  • Academic associations comprising colleges, universities or professors

    Official boycotts of countries hosting Regents-chartered higher education institutions, or institutions in those countries, would trigger restrictions on college support using state aid.

  • College faculty and other employees

    The bill would restrict state-funded travel and lodging for covered meetings but preserve employees’ ability to attend and prohibit colleges from considering that attendance in employment decisions.

  • Labor unions and anti-discrimination advocates

    Boycotts connected to labor disputes or protesting discriminatory practices unlawful under New York law would be exempt from the restrictions.

Headline styles

Ban State Funds for Boycotters

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Jeffrey D. Klein

Senator · Senate District 34

History

  1. Referred to higher education
  2. Returned to senate
  3. Died in assembly
  4. Referred to higher education
  5. Delivered to assembly
  6. Passed senateVote 54–6
  7. Ordered to third reading cal.406
  8. Committee discharged and committed to rules
  9. Referred to higher education

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

4837

2017-2018 Regular Sessions

IN SENATE

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 Assembly, 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 countries, 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 eligible 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.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

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.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.