S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2895
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 28, 2019
                                ___________
 
 Introduced by M. of A. KIM -- read once and referred to the Committee on
   Higher Education
 
 AN  ACT  to  amend  the  education  law  and the public officers law, in
   relation to certain activities by members of a board  of  a  community
   college
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Section 6306 of the education law is amended by  adding  a
 new subdivision 11 to read as follows:
   11.  A COMMUNITY COLLEGE SHALL BE DEEMED A "STATE AGENCY", AND MEMBERS
 OF A BOARD OF TRUSTEES OF A COMMUNITY COLLEGE  SHALL  BE  DEEMED  "STATE
 OFFICERS  OR EMPLOYEES" FOR THE PURPOSES OF SECTION SEVENTY-THREE OF THE
 PUBLIC OFFICERS LAW.
   § 2. Paragraph (g) of subdivision 1 of section 73 of the public  offi-
 cers  law,  as amended by chapter 283 of the laws of 1996, is amended to
 read as follows:
   (g) The term "state agency" shall mean any state department, or  divi-
 sion,  board,  commission, or bureau of any state department, any public
 benefit corporation, public authority or  commission  at  least  one  of
 whose  members  is appointed by the governor, or the state university of
 New York or the  city  university  of  New  York,  including  all  their
 constituent  units  [except]  INCLUDING  community colleges of the state
 university of New York and the independent institutions operating [stat-
 utory] STATUTORILY, or contract colleges on behalf of the state.
   § 3. Paragraph (i) of subdivision 1 of section 73 of the public  offi-
 cers  law,  as amended by chapter 242 of the laws of 1989, is amended to
 read as follows:
   (i) The term "state officer or employee" shall mean:
   (i) heads of state departments and their deputies and assistants other
 than members of the board of regents of the university of the  state  of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03803-01-9
              

 A. 2895                             2
 
 New  York  who  receive no compensation or are compensated on a per diem
 basis;
   (ii) officers and employees of statewide elected officials;
   (iii)  officers  and  employees of state departments, boards, bureaus,
 divisions, commissions, councils or  other  state  agencies  other  than
 officers  of such boards, commissions or councils who receive no compen-
 sation or are compensated on a per diem basis; [and]
   (iv) members or directors of public  authorities,  other  than  multi-
 state  authorities, public benefit corporations and commissions at least
 one of whose members is appointed by the governor, who  receive  compen-
 sation  other  than  on a per diem basis, and employees of such authori-
 ties, corporations and commissions[.]; AND
   (V) MEMBERS OF A BOARD OF TRUSTEES OF A COMMUNITY  COLLEGE  REGARDLESS
 OF WHETHER THEY RECEIVE COMPENSATION.
   § 4. This act shall take effect immediately.