senate Bill S2224B

Enlarges the definition of the term agency for certain purposes

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 14 / Jan / 2013
    • REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 31 / May / 2013
    • AMEND (T) AND RECOMMIT TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 31 / May / 2013
    • PRINT NUMBER 2224A
  • 08 / Jan / 2014
    • REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 17 / Jan / 2014
    • AMEND AND RECOMMIT TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 17 / Jan / 2014
    • PRINT NUMBER 2224B
  • 18 / Mar / 2014
    • 1ST REPORT CAL.299
  • 19 / Mar / 2014
    • 2ND REPORT CAL.
  • 20 / Mar / 2014
    • ADVANCED TO THIRD READING
  • 20 / Jun / 2014
    • COMMITTED TO RULES

Summary

Expands the definition of the term "agency" for certain purposes; adds provisions relating to foundations of state-operated campuses and city-operated campuses.

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Bill Details

See Assembly Version of this Bill:
A7554B
Versions:
S2224
S2224A
S2224B
Legislative Cycle:
2013-2014
Current Committee:
Senate Rules
Law Section:
Public Officers Law
Laws Affected:
Amd §§86 & 87, Pub Off L; amd §§355 & 6204, Ed L
Versions Introduced in 2011-2012 Legislative Cycle:
S5797A

Votes

Sponsor Memo

BILL NUMBER:S2224B

TITLE OF BILL: An act to amend the public officers law, in relation
to the disclosure of agency records; and to amend the education law,
in relation to guidelines for foundations of state-operated and
city-operated campuses

PURPOSE: Expands the definition of agencies that are required to make
documents available to the public under the Freedom of Information
Law.

SUMMARY OF PROVISIONS: Amends subdivision three of section eighty-six
of the Public Officers Law (the Freedom of Information Law, of FOIL).
Adds to the definition of the term "agency" certain types of
corporations, foundations and associations that are created by,
controlled by or affiliated with a state agency including but not
limited to SUNY and CUNY amends section 355 of the education law by
adding new paragraphs (a) and (b).

JUSTIFICATION: The Freedom of Information Law has played a crucial
role in opening up the operations of government agencies to public
discussion and reporting. This has increased accountability and
responsiveness of government agencies.

However, the current definition of agencies covered by the FOIL law
leaves out certain types of agencies that are technically not agencies
of state or local government. These entities are often incorporated as
not for profit corporations or limited liability corporations, but
operate in effect as subsidiaries of state agencies. For example the
SUNY Research Foundation is incorporated as a not for profit but
operates as an extensions of SUNY and is controlled by SUNY officials.
The Research Foundation describes itself as "the organization
responsible for managing research grants and other sponsored programs
for SUNY " Yet corporations of this type often refuse to disclose
information to the press and the public on the basis that they are not
state agencies as defined in the law.

This bill proposes to expand the definition of agency so that any
organization that operates as a closely affiliated extension of a
state agency will be covered by the FOIL law regardless of its
corporate structure. These organizations spend millions of dollars of
funds that were received by grants or donations that were intended to
further the public purpose of their affiliated state agency. The shell
of a separate corporate entity should not be used as an excuse to deny
public access to information about how they use these funds.

LEGISLATIVE HISTORY: 2011-12 S.5797A

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately; provided,
however, that the amendments to paragraph (1) of subdivision 2 of
section 87 of the public officers law made by section two of this act
shall not affect the repeal of such paragraph and shall expire and be
deemed repealed therewith; provided further that the amendments to
subdivision 6 of section 355 of the education law made by section


three of this act shall not affect the expiration of such subdivision
and shall be deemed to expire therewith.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2224--B

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 14, 2013
                               ___________

Introduced by Sens. LAVALLE, ADDABBO, AVELLA, HASSELL-THOMPSON, MONTGOM-
  ERY,  RITCHIE, SAVINO, STAVISKY -- read twice and ordered printed, and
  when printed to be committed to the Committee  on  Investigations  and
  Government  Operations  -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee --  recommitted
  to  the  Committee  on  Investigations  and  Government  Operations in
  accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the public officers law, in relation to  the  disclosure
  of  agency  records;  and  to  amend the education law, in relation to
  guidelines for foundations of state-operated and city-operated campus-
  es

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Subdivision 3 of section 86 of the public officers law, as
added by chapter 933 of the laws of 1977, is amended to read as follows:
  3. (A) "Agency"  means  any  state  or  municipal  department,  board,
bureau, division, commission, committee, public authority, public corpo-
ration,  council,  office  or  other  governmental  entity  performing a
governmental or proprietary function for the state or any  one  or  more
municipalities thereof, except the judiciary or the state legislature.
  (B)  FOR PURPOSES OF THIS ARTICLE, "AGENCY" SHALL INCLUDE THE RESEARCH
FOUNDATION OF THE STATE UNIVERSITY OF NEW YORK, THE RESEARCH  FOUNDATION
OF  THE  CITY  UNIVERSITY OF NEW YORK, FOUNDATIONS AND AUXILIARY SERVICE
CORPORATIONS ASSOCIATED WITH ANY PUBLIC COLLEGE OR UNIVERSITY, AND  NOT-
FOR-PROFIT  CORPORATIONS  AND  LIMITED LIABILITY CORPORATIONS CREATED OR
CONTROLLED BY ANY PUBLIC COLLEGE OR  UNIVERSITY,  AND  THE  CORPORATIONS
IDENTIFIED IN PARAGRAPH (D) OF SUBDIVISION FIVE OF SECTION FIFTY-THREE-A
OF THE STATE FINANCE LAW, PROVIDED, HOWEVER, THAT THE PROVISIONS OF THIS
SUBDIVISION  SHALL  NOT  APPLY  TO  THE  STATUTORY COLLEGES AND CONTRACT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06216-03-4

S. 2224--B                          2

COLLEGES AT ALFRED AND CORNELL OR ANY  ALUMNI  ASSOCIATION  OR  CLINICAL
PRACTICE PLAN ASSOCIATED WITH A PUBLIC COLLEGE OR UNIVERSITY.
  S  2.  Subdivision  2  of  section  87  of the public officers law, is
amended by adding two new paragraphs (n) and (o) to read as follows:
  (N) ARE RECORDS OF AN AGENCY RELATING TO CHARITABLE DONORS OR PROSPEC-
TIVE DONORS, INCLUDING BUT NOT LIMITED TO THE FUND-RAISING STRATEGIES OF
AGENCIES IDENTIFIED IN PARAGRAPH (B) OF  SUBDIVISION  THREE  OF  SECTION
EIGHTY-SIX OF THIS ARTICLE, PROVIDED THAT RECORDS RELATING TO FUND-RAIS-
ING STRATEGIES WOULD, IF DISCLOSED, IMPAIR THE ABILITY OF THOSE AGENCIES
TO  ATTRACT OR GAIN DONATIONS, AND PROVIDED FURTHER THAT THE NAME OF ANY
DONOR AND THE AMOUNT OF DONATION MADE BY SUCH DONOR SHALL BE SUBJECT  TO
DISCLOSURE  IF  SUCH  DONOR,  OR  ANY  ENTITY  IN WHICH SUCH DONOR HAS A
SUBSTANTIAL INTEREST, SEEKS TO TRANSACT BUSINESS, OR DOES TRANSACT BUSI-
NESS, WITH THE AGENCY TO WHICH THE DONATION IS MADE WITHIN  THREE  YEARS
OF  THE DATE OF SUCH DONATION. NOTHING IN THIS SECTION SHALL EXEMPT FROM
DISCLOSURE THE AMOUNT OR VALUE OF AN INDIVIDUAL GIFT, GRANT, DONATION OR
PLEDGE;
  (O) ARE ACADEMIC OR SCIENTIFIC RESEARCH OR  RESEARCH-RELATED  RECORDS,
INCLUDING ANY DRAFT, PRELIMINARY OR UNFUNDED GRANT OR CONTRACT DOCUMENT,
WHETHER  SPONSORED  BY  THE AGENCY ITSELF OR IN CONJUNCTION WITH A THIRD
PARTY, OR RECORDS RELATING TO THE AGENCY'S INTELLECTUAL PROPERTY, WHICH,
IF DISCLOSED, WOULD ADVERSELY AFFECT LICENSE, PATENT, COPYRIGHT OR OTHER
RIGHTS OF THE AGENCY. THIS PARAGRAPH SHALL NOT PERMIT AN AGENCY TO WITH-
HOLD RECORDS OR PORTIONS THEREOF PERTAINING TO THE NAME, TITLE, EXPENDI-
TURE, SOURCE OR AMOUNT OF PUBLIC FUNDING RELATING TO  SUCH  RESEARCH  OR
INTELLECTUAL PROPERTY.
  S  3.  The  opening  paragraph  of subdivision 6 of section 355 of the
education law is designated paragraph (a) and two new paragraphs (b) and
(c) are added to read as follows:
  (B) THE STATE UNIVERSITY TRUSTEES SHALL ADOPT GUIDELINES  FOR  FOUNDA-
TIONS OF STATE-OPERATED CAMPUSES THAT REQUIRE EACH FOUNDATION TO ADOPT A
CONFLICT OF INTEREST POLICY APPLICABLE TO SUCH FOUNDATION AND ITS AFFIL-
IATED  CORPORATIONS.  AMONG  OTHER ITEMS, THE STATE UNIVERSITY TRUSTEES'
GUIDELINES SHALL REQUIRE SUCH FOUNDATION POLICIES TO PROVIDE:  (I)  THAT
SERVICE  AS  A  BOARD  MEMBER  OR OFFICER THEREOF SHALL NOT BE USED AS A
MEANS FOR PRIVATE BENEFIT OR INUREMENT FOR THE BOARD MEMBER  OR  OFFICER
OR RELATIVE THEREOF, OR ANY ENTITY IN WHICH THE BOARD MEMBER OR OFFICER,
OR  RELATIVE  THEREOF,  HAS A BUSINESS INTEREST; (II) NO BOARD MEMBER OR
OFFICER WHO IS A VENDOR OF GOODS OR SERVICES TO THE  FOUNDATION  OR  ITS
AFFILIATED  CORPORATION,  OR  HAS A BUSINESS INTEREST IN SUCH VENDOR, OR
WHOSE RELATIVE HAS A BUSINESS INTEREST IN SUCH VENDOR, SHALL VOTE ON, OR
PARTICIPATE IN THE FOUNDATION'S ADMINISTRATION OF, AND TRANSACTION  WITH
SUCH  VENDOR; AND (III) A BOARD MEMBER OR OFFICER SHALL ADVISE THE CHAIR
OF THE FOUNDATION OR ITS AFFILIATED CORPORATION OF HIS, HER OR  A  RELA-
TIVE'S  BUSINESS  INTEREST  IN ANY SUCH EXISTING OR PROPOSED VENDOR WITH
THE FOUNDATION OR ITS AFFILIATE. THE STATE UNIVERSITY  TRUSTEE'S  GUIDE-
LINES  SHALL  DEFINE THE NATURE OF A BUSINESS INTEREST AND THE CLOSENESS
OF A PERSONAL RELATION THAT BRING A RELATIONSHIP WITHIN THE PURPOSES  OF
THIS SECTION.
  (C)  THE  STATE  UNIVERSITY TRUSTEES SHALL REPORT TO THE GOVERNOR, THE
SPEAKER OF THE ASSEMBLY AND THE TEMPORARY PRESIDENT OF THE SENATE ON THE
STATUS OF THE IMPLEMENTATION OF PARAGRAPH (A)  OF  THIS  SUBDIVISION  NO
LATER THAN NINETY DAYS AFTER THIS PARAGRAPH SHALL HAVE TAKEN EFFECT.
  S  4.    Section  6204 of the education law is amended by adding a new
subdivision 4 to read as follows:

S. 2224--B                          3

  4. (A) THE BOARD OF TRUSTEES SHALL ADOPT GUIDELINES FOR FOUNDATIONS OF
CITY UNIVERSITY-OPERATED CAMPUSES THAT REQUIRE EACH FOUNDATION TO  ADOPT
A  CONFLICT  OF  INTEREST  POLICY  APPLICABLE TO SUCH FOUNDATION AND ITS
AFFILIATED CORPORATIONS. AMONG  OTHER  ITEMS,  THE  BOARD  OF  TRUSTEE'S
GUIDELINES  SHALL  REQUIRE SUCH FOUNDATION POLICIES TO PROVIDE: (I) THAT
SERVICE AS A BOARD MEMBER OR OFFICER THEREOF SHALL  NOT  BE  USED  AS  A
MEANS  FOR  PRIVATE BENEFIT OR INUREMENT FOR THE BOARD MEMBER OR OFFICER
OR RELATIVE THEREOF, OR ANY ENTITY IN WHICH THE BOARD MEMBER OR OFFICER,
OR RELATIVE THEREOF, HAS A BUSINESS INTEREST; (II) NO  BOARD  MEMBER  OR
OFFICER  WHO  IS  A VENDOR OF GOODS OR SERVICES TO THE FOUNDATION OR ITS
AFFILIATED CORPORATION, OR HAS A BUSINESS INTEREST IN  SUCH  VENDOR,  OR
WHOSE  RELATIVE  HAS A BUSINESS INTEREST  IN SUCH VENDOR, SHALL VOTE ON,
OR PARTICIPATE IN THE FOUNDATION'S ADMINISTRATION  OF,  AND  TRANSACTION
WITH  SUCH  VENDOR; AND (III) A BOARD MEMBER OR OFFICER SHALL ADVISE THE
CHAIR OF THE  FOUNDATION OR ITS AFFILIATED CORPORATION OF HIS, HER OR  A
RELATIVE'S  BUSINESS  INTEREST  IN  ANY SUCH EXISTING OR PROPOSED VENDOR
WITH THE FOUNDATION OR ITS  AFFILIATE.  THE  CITY  UNIVERSITY  TRUSTEE'S
GUIDELINES SHALL DEFINE THE NATURE OF A BUSINESS INTEREST AND THE CLOSE-
NESS  OF  A  PERSONAL  RELATION  THAT  BRING  A  RELATIONSHIP WITHIN THE
PURPOSES OF THIS SECTION.
  (B) THE BOARD OF TRUSTEES SHALL REPORT TO THE GOVERNOR, THE SPEAKER OF
THE ASSEMBLY AND THE TEMPORARY PRESIDENT OF THE SENATE ON THE STATUS  OF
THE  IMPLEMENTATION  OF  PARAGRAPH (A) OF THIS SUBDIVISION NO LATER THAN
NINETY DAYS AFTER THIS PARAGRAPH SHALL HAVE TAKEN EFFECT.
  S 5. This act shall take effect immediately; provided,  however,  that
the amendments to subdivision 6 of section 355 of the education law made
by  section  three  of  this act shall not affect the expiration of such
subdivision and shall be deemed to expire therewith.

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