Assembly Bill A11264

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

                                  11264

                          I N  A S S E M B L Y

                              May 25, 2010
                               ___________

Introduced by M. of A. MOLINARO -- read once and referred to the Commit-
  tee on Corporations, Authorities and Commissions

AN  ACT  to  amend  the  not-for-profit  corporation law, in relation to
  historical societies

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

  Section    1.  Section  1408  of the not-for-profit corporation law is
amended by adding a new paragraph (d) to read as follows:
  (D) FREEDOM OF INFORMATION LAW.
  (1) EACH NOT-FOR-PROFIT CORPORATION OWNING ASSETS WITH  PUBLIC  ACCESS
AND  NATIONAL,  STATE  AND/OR LOCAL LANDMARK DESIGNATION, WHICH RECEIVES
PUBLIC FUNDS, SHALL MAKE AVAILABLE FOR PUBLIC INSPECTION AND COPYING ALL
RECORDS, EXCEPT THAT SUCH CORPORATION MAY  DENY  ACCESS  TO  RECORDS  OR
PORTIONS THEREOF THAT:
  (I)  ARE  SPECIFICALLY  EXEMPTED  FROM  DISCLOSURE BY STATE OR FEDERAL
STATUTE;
  (II) IF DISCLOSED WOULD CONSTITUTE AN UNWARRANTED INVASION OF PERSONAL
PRIVACY UNDER THE PROVISIONS OF SUBDIVISION TWO OF  SECTION  EIGHTY-NINE
OF THE PUBLIC OFFICERS LAW;
  (III) IF DISCLOSED WOULD IMPAIR PRESENT OR IMMINENT CONTRACT AWARDS OR
COLLECTIVE BARGAINING NEGOTIATIONS;
  (IV)  ARE  TRADE  SECRETS  OR  ARE  SUBMITTED TO SUCH CORPORATION BY A
COMMERCIAL ENTERPRISE  OR  DERIVED  FROM  INFORMATION  OBTAINED  FROM  A
COMMERCIAL  ENTERPRISE  AND  WHICH  IF DISCLOSED WOULD CAUSE SUBSTANTIAL
INJURY TO THE COMPETITIVE POSITION OF THE SUBJECT ENTERPRISE;
  (V) ARE COMPILED FOR LAW ENFORCEMENT PURPOSES AND WHICH, IF DISCLOSED,
WOULD:
  (A)  INTERFERE  WITH  LAW  ENFORCEMENT  INVESTIGATIONS   OR   JUDICIAL
PROCEEDINGS;
  (B)  DEPRIVE  A PERSON OF A RIGHT TO A FAIR TRIAL OR IMPARTIAL ADJUDI-
CATION;
  (C) IDENTIFY A CONFIDENTIAL SOURCE OR DISCLOSE  CONFIDENTIAL  INFORMA-
TION RELATING TO A CRIMINAL INVESTIGATION; OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD17403-03-0
              

A. 11264                            2

  (D)  REVEAL  CRIMINAL  INVESTIGATIVE  TECHNIQUES OR PROCEDURES, EXCEPT
ROUTINE TECHNIQUES AND PROCEDURES;
  (VI) IF DISCLOSED COULD ENDANGER THE LIFE OR SAFETY OF ANY PERSON;
  (VII) ARE INTER-AGENCY OR INTRA-AGENCY MATERIALS WHICH ARE NOT:
  (A) STATISTICAL OR FACTUAL TABULATIONS OR DATA;
  (B) INSTRUCTIONS TO STAFF THAT AFFECT THE PUBLIC;
  (C) FINAL AGENCY POLICY OR DETERMINATIONS;
  (D)  EXTERNAL AUDITS, INCLUDING BUT NOT LIMITED TO AUDITS PERFORMED BY
THE COMPTROLLER AND THE FEDERAL GOVERNMENT; OR
  (VIII) ARE EXAMINATION QUESTIONS OR ANSWERS WHICH ARE REQUESTED  PRIOR
TO THE FINAL ADMINISTRATION OF SUCH QUESTIONS;
  (IX)  IF  DISCLOSED,  WOULD  JEOPARDIZE SUCH CORPORATION'S CAPACITY TO
GUARANTEE THE SECURITY OF ITS INFORMATION TECHNOLOGY ASSETS, SUCH ASSETS
ENCOMPASSING BOTH ELECTRONIC INFORMATION SYSTEMS AND INFRASTRUCTURES; OR
  (X) ARE PHOTOGRAPHS, MICROPHOTOGRAPHS,  VIDEOTAPE  OR  OTHER  RECORDED
IMAGES  PREPARED  UNDER  AUTHORITY OF SECTION ELEVEN HUNDRED ELEVEN-A OF
THE VEHICLE AND TRAFFIC LAW.
  (XI) ARE PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE  OR  OTHER  RECORDED
IMAGES  PREPARED  UNDER  AUTHORITY OF SECTION ELEVEN HUNDRED ELEVEN-B OF
THE VEHICLE AND TRAFFIC LAW.
  (2) EACH NOT-FOR-PROFIT CORPORATION OWNING ASSETS WITH  PUBLIC  ACCESS
AND  NATIONAL,  STATE  AND/OR LOCAL LANDMARK DESIGNATION, WHICH RECEIVES
PUBLIC FUNDS, SHALL MAINTAIN:
  (I) A RECORD OF THE FINAL VOTE OF EACH  MEMBER  IN  EVERY  CORPORATION
PROCEEDING IN WHICH THE MEMBER VOTES;
  (II) A RECORD SETTING FORTH THE NAME, PUBLIC OFFICE ADDRESS, TITLE AND
SALARY OF EVERY OFFICER OR EMPLOYEE OF SUCH CORPORATION; AND
  (III)  A  REASONABLY  DETAILED  CURRENT  LIST BY SUBJECT MATTER OF ALL
RECORDS IN THE POSSESSION OF SUCH CORPORATION, WHETHER OR NOT  AVAILABLE
UNDER  THIS  ARTICLE.  SUCH  CORPORATION SHALL UPDATE ITS SUBJECT MATTER
LIST ANNUALLY, AND THE DATE OF THE MOST  RECENT UPDATE SHALL BE CONSPIC-
UOUSLY INDICATED ON THE  LIST.  SUCH  CORPORATION  AS  DEFINED  IN  THIS
SECTION  THAT  MAINTAINS  A  WEBSITE  SHALL POST ITS CURRENT LIST ON ITS
WEBSITE AND SUCH POSTING SHALL BE LINKED TO THE WEBSITE OF THE COMMITTEE
ON OPEN GOVERNMENT. ANY  SUCH  CORPORATION  THAT  DOES  NOT  MAINTAIN  A
WEBSITE  SHALL  ARRANGE  TO  HAVE  ITS LIST POSTED ON THE WEBSITE OF THE
COMMITTEE ON OPEN GOVERNMENT.
  S 2. This act shall take effect immediately.