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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A716
SPONSOR: Rozic
 
TITLE OF BILL:
An act to prohibit the use of state aid by colleges and universities for
certain academic institutions
 
PURPOSE:
This bill would prohibit any college from using state aid to fund an
academic entity, 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 respective higher education
institutions.
 
SUMMARY OF 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.
This applies if the country subject to the boycott hosts a higher educa-
tion 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 the 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,
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 interde-
pendence and diversity. A global education allows professors and
students to connect, compete, and cooperate with their peers around the
world. For these reasons, colleges should not use state funds to support
boycotts of countries or higher education institutions located in coun-
tries that host higher education 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.
 
LEGISLATIVE HISTORY:
2022: A420 (Rozic) - Higher Education
2021: A420 (Rozic) - Higher Education
2020: A7340 (Rozic) - Higher Education
2019: A7340 (Rozic) - Higher Education
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law.
STATE OF NEW YORK
________________________________________________________________________
716
2023-2024 Regular Sessions
IN ASSEMBLY
January 11, 2023
___________
Introduced by M. of A. ROZIC, HYNDMAN -- read once and referred 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:
1 Section 1. Legislative intent. The legislature hereby finds that it is
2 beneficial to students of this state to have access to an education that
3 is not bound by borders and to have the opportunity to obtain a global
4 education. The legislature further finds that it is important that New
5 York state undertake efforts to ensure that its students succeed in a
6 world that is continually becoming more interdependent and diverse and
7 further that students have access to international higher education
8 institutions. A global education allows students to connect, compete
9 and cooperate with their peers around the world. Therefore it is the
10 policy of the state that colleges not use state funds to support
11 boycotts of countries, or higher education institutions located in coun-
12 tries, that host higher education institutions chartered by the board of
13 regents of the university of the state of New York.
14 § 2. 1. For purposes of this section the following shall apply:
15 (a) the term "academic entity" shall mean any organization comprising
16 colleges, universities or professors that promotes or supports academia
17 in the United States and abroad.
18 (b) the term "college" shall have the same meaning as such term is
19 defined in subdivision 2 of section 2 of the education law.
20 (c) the term "host country" shall mean those countries that host a
21 higher education institution chartered by the board of regents of the
22 university of the state of New York.
23 2. No college in this state may use state aid provided directly to
24 such college to: fund an academic entity, provide funds for membership
25 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.
LBD00449-01-3
A. 716 2
1 attend any meeting of such academic entity if such entity has issued a
2 public resolution or other official statement or undertaken an official
3 action boycotting a host country or higher education institutions
4 located in such country.
5 3. Notwithstanding any law to the contrary, no college shall be eligi-
6 ble for state aid during the academic year that such college is in
7 violation of subdivision two of this section.
8 4. The provisions of this section shall not apply to any college:
9 (a) when such college is located in a country that is determined by
10 the United States secretary of state to be a state sponsor of terrorism;
11 (b) when such boycott is connected with a labor dispute; or
12 (c) when such boycott is for the purpose of protesting unlawful
13 discriminatory practices as determined by the laws, rules or regulations
14 of this state.
15 5. Nothing in this section shall limit the attendance by any employee
16 of a college at any event of an academic entity that boycotts a host
17 country or higher education institutions located in such country and
18 attendance at meetings of any such entity shall not be used by the
19 college with regard to employment decisions.
20 § 3. This act shall take effect on the thirtieth day after it shall
21 have become a law.