NY State Senate Bill 2011-S5070

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to investigations and government operations
Jun 15, 2011	print number 5070d
Jun 15, 2011	amend and recommit to investigations and government operations print number 5070c
Jun 15, 2011	amend and recommit to investigations and government operations
Jun 14, 2011	print number 5070b
Jun 14, 2011	amend and recommit to investigations and government operations
May 24, 2011	print number 5070a
May 24, 2011	amend and recommit to investigations and government operations
May 03, 2011	referred to investigations and government operations

Bill Amendments

Original

D (Active)

2011-S5070 - Details

Current Committee:: Senate Investigations And Government Operations
Law Section:: Public Officers Law
Laws Affected:: Amd §86, Pub Off L

2011-S5070 - Summary

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

2011-S5070 - Sponsor Memo

                                BILL NUMBER:S5070

TITLE OF BILL:
An act
to amend the public officers law, in relation to the disclosure of
agency records

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.

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: New legislation.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Immediately.

2011-S5070 - Bill Text download pdf

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

                                  5070

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 3, 2011
                               ___________

Introduced  by  Sen. LAVALLE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations

AN ACT to amend the public officers law, in relation to  the  disclosure
  of agency records

  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.  "Agency"  means  any state or municipal department, board, bureau,
division, commission, committee, public authority,  public  corporation,
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.  AGENCY ALSO
MEANS ANY NOT-FOR-PROFIT CORPORATION, FOUNDATION, ALUMNI ASSOCIATION, OR
LIMITED LIABILITY CORPORATION, THAT IS CREATED BY AND/OR  CONTROLLED  BY
AND/OR  AFFILIATED  WITH A STATE AGENCY INCLUDING BUT NOT LIMITED TO THE
STATE UNIVERSITY OF NEW YORK.
  S 2. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11337-01-1

2011-S5070A - Details

Current Committee:: Senate Investigations And Government Operations
Law Section:: Public Officers Law
Laws Affected:: Amd §86, Pub Off L

2011-S5070A - Summary

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

2011-S5070A - Sponsor Memo

                                BILL NUMBER:S5070A

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.

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:
New legislation.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

2011-S5070A - Bill Text download pdf

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

                                 5070--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 3, 2011
                               ___________

Introduced  by  Sen. LAVALLE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment  Operations  --  committee  discharged,  bill  amended,   ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to amend the public officers law, in relation to the disclosure
  of agency records

  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. "Agency" means any state or municipal  department,  board,  bureau,
division,  commission,  committee, public authority, public corporation,
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.    AGENCY  ALSO
MEANS  ANY  NOT-FOR-PROFIT CORPORATION, FOUNDATION, OR LIMITED LIABILITY
CORPORATION, THAT IS CREATED BY AND/OR CONTROLLED BY  AND/OR  AFFILIATED
WITH  A STATE AGENCY INCLUDING, BUT NOT LIMITED TO, THE STATE UNIVERSITY
OF NEW YORK, PROVIDED, HOWEVER, THE PROVISIONS OF  THIS  SENTENCE  SHALL
NOT APPLY TO STATUTORY COLLEGES AT ALFRED AND CORNELL.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11337-03-1

2011-S5070B - Details

Current Committee:: Senate Investigations And Government Operations
Law Section:: Public Officers Law
Laws Affected:: Amd §86, Pub Off L

2011-S5070B - Summary

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

2011-S5070B - Bill Text download pdf

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

                                 5070--B

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 3, 2011
                               ___________

Introduced  by  Sen. LAVALLE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment  Operations  --  committee  discharged,  bill  amended,   ordered
  reprinted  as  amended  and recommitted to said committee -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the public officers law, in relation to  the  disclosure
  of agency records

  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.
AGENCY ALSO MEANS ANY NOT-FOR-PROFIT CORPORATION, FOUNDATION, OR LIMITED
LIABILITY  CORPORATION,  THAT  IS CREATED BY AND/OR CONTROLLED BY AND/OR
AFFILIATED WITH A STATE AGENCY INCLUDING, BUT NOT LIMITED TO, THE  STATE
UNIVERSITY  OF  NEW  YORK,  PROVIDED,  HOWEVER,  THE  PROVISIONS OF THIS
SENTENCE SHALL NOT APPLY TO STATUTORY COLLEGES AT ALFRED AND CORNELL.
  (B) FOR PURPOSES OF THIS ARTICLE, "AGENCY" SHALL INCLUDE THE  RESEARCH
FOUNDATION  OF  THE  STATE UNIVERSITY OF NEW YORK, NOT-FOR-PROFIT CORPO-
RATIONS,  LIMITED  LIABILITY  CORPORATIONS,  FOUNDATIONS  AND  AUXILIARY
SERVICE  CORPORATIONS  CREATED  BY, CONTROLLED BY OR ASSOCIATED WITH ANY
PUBLIC COLLEGE OR UNIVERSITY, AND THE CORPORATIONS IDENTIFIED  IN  PARA-
GRAPH  (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 COLLEGES AT
ALFRED AND CORNELL.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11337-04-1

S. 5070--B                          2

  S 2. Paragraph (l) of subdivision 2 of section 87 of the public  offi-
cers law, as added by section 12 of part II of chapter 59 of the laws of
2010, is amended and two new paragraphs (m) and (n) are added to read as
follows:
  (l)  are  photographs,  microphotographs,  videotape or other recorded
images produced by a bus lane photo device prepared under  authority  of
section eleven hundred eleven-c of the vehicle and traffic law[.];
  (M) 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;
  (N)  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 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:  (a)  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 of officer,
or  relative  thereof,  has  a business interest; (b) 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 (c) a board member or officer shall advise the chair of
the  foundation  or  its  affiliated  corporation of his or a relative's
business interest in any such existing or proposed vendor with the foun-
dation or its affiliate. The state university trustee's guidelines 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.
  S 4. This act shall take effect January 1, 2012.

2011-S5070C - Details

Current Committee:: Senate Investigations And Government Operations
Law Section:: Public Officers Law
Laws Affected:: Amd §86, Pub Off L

2011-S5070C - Summary

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

2011-S5070C - Bill Text download pdf

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

                                 5070--C

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 3, 2011
                               ___________

Introduced  by  Sen. LAVALLE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment  Operations  --  committee  discharged,  bill  amended,   ordered
  reprinted  as  amended  and recommitted to said committee -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to amend the public officers law, in relation to the disclosure
  of agency records

  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,  NOT-FOR-PROFIT  CORPO-
RATIONS,  LIMITED  LIABILITY  CORPORATIONS,  FOUNDATIONS  AND  AUXILIARY
SERVICE CORPORATIONS CREATED BY, CONTROLLED BY OR  ASSOCIATED  WITH  ANY
PUBLIC  COLLEGE  OR UNIVERSITY, AND THE CORPORATIONS IDENTIFIED IN PARA-
GRAPH (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  COLLEGES  AT
ALFRED AND CORNELL.
  S  2. Paragraph (l) of subdivision 2 of section 87 of the public offi-
cers law, as added by section 12 of part II of chapter 59 of the laws of
2010, is amended and two new paragraphs (m) and (n) are added to read as
follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11337-05-1

S. 5070--C                          2

  (l) are photographs, microphotographs,  videotape  or  other  recorded
images  produced  by a bus lane photo device prepared under authority of
section eleven hundred eleven-c of the vehicle and traffic law[.];
  (M) 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;
  (N)  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. Subdivision 6 of section 355 of the education law is  amended  by
adding a new subparagraph a to read as follows:
  (A)  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 OF 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 OR A RELATIVE'S
BUSINESS INTEREST IN ANY SUCH EXISTING OR PROPOSED VENDOR WITH THE FOUN-
DATION OR ITS AFFILIATE. THE STATE UNIVERSITY TRUSTEE'S GUIDELINES 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.
  S 4. This act shall take effect January 1, 2012.

2011-S5070D (ACTIVE) - Details

Current Committee:: Senate Investigations And Government Operations
Law Section:: Public Officers Law
Laws Affected:: Amd §86, Pub Off L

2011-S5070D (ACTIVE) - Summary

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

2011-S5070D (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5070D

TITLE OF BILL:
An act to amend the public officers law, in relation to the disclosure
of agency records

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.

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:;
New legislation.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect January 1, 2012.

2011-S5070D (ACTIVE) - Bill Text download pdf

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

                                 5070--D

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 3, 2011
                               ___________

Introduced  by  Sen. LAVALLE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment  Operations  --  committee  discharged,  bill  amended,   ordered
  reprinted  as  amended  and recommitted to said committee -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee  --  committee  discharged,  bill  amended,  ordered
  reprinted  as  amended  and recommitted to said committee -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the public officers law, in relation to  the  disclosure
  of agency records

  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, FOUNDATIONS AND AUXILIA-
RY  SERVICE CORPORATIONS ASSOCIATED WITH ANY PUBLIC COLLEGE OR UNIVERSI-
TY, 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 COLLEGES AT ALFRED AND CORNELL OR  ANY  ALUMNI  ASSOCIATION
ASSOCIATED WITH A PUBLIC COLLEGE OR UNIVERSITY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11337-06-1

S. 5070--D                          2

  S  2. Paragraph (l) of subdivision 2 of section 87 of the public offi-
cers law, as added by section 12 of part II of chapter 59 of the laws of
2010, is amended and two new paragraphs (m) and (n) are added to read as
follows:
  (l)  are  photographs,  microphotographs,  videotape or other recorded
images produced by a bus lane photo device prepared under  authority  of
section eleven hundred eleven-c of the vehicle and traffic law[.];
  (M) 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;
  (N)  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  1  of  section  74  of  the
public  officers  law,  as amended by chapter 14 of the laws of 2007, is
amended to read as follows:
  As used in this section: The term "state agency" shall mean any  state
department,  or  division,  board,  commission,  or  bureau of any state
department or any public benefit  corporation  or  public  authority  at
least  one of whose members is appointed by the governor or corporations
closely affiliated with specific state agencies as defined by  paragraph
(d)  of  subdivision  five of section fifty-three-a of the state finance
law or their successors, THE STATE UNIVERSITY OF NEW YORK, THE  RESEARCH
FOUNDATION OF THE STATE UNIVERSITY OF NEW YORK, FOUNDATIONS AND AUXILIA-
RY  SERVICE CORPORATIONS ASSOCIATED WITH ANY PUBLIC COLLEGE OR UNIVERSI-
TY, AND NOT-FOR-PROFIT CORPORATIONS AND LIMITED  LIABILITY  CORPORATIONS
CREATED  OR  CONTROLLED  BY  ANY PUBLIC COLLEGE OR UNIVERSITY, PROVIDED,
HOWEVER, THAT THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO  THE
STATUTORY  COLLEGES  AND  CONTRACT COLLEGES AT ALFRED AND CORNELL OR ANY
ALUMNI ASSOCIATION ASSOCIATED WITH A PUBLIC COLLEGE OR UNIVERSITY.
  S 4. This act shall take effect January 1,  2012;  provided,  however,
that  the  amendments to paragraph (l) 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.

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Kenneth P. LaValle

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

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