senate Bill S5797A

2011-2012 Legislative Session

Enlarges the definition of the term agency for certain purposes

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 21, 2012 committed to rules
Mar 07, 2012 advanced to third reading
Mar 06, 2012 2nd report cal.
Mar 05, 2012 1st report cal.276
Mar 01, 2012 print number 5797a
amend and recommit to investigations and government operations
Jan 04, 2012 referred to investigations and government operations
Jun 16, 2011 referred to rules

Votes

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Mar 5, 2012 - Investigations and Government Operations committee Vote

S5797A
7
0
committee
7
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Investigations and Government Operations committee vote details

Investigations and Government Operations Committee Vote: Mar 5, 2012

aye wr (1)

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S5797 - Bill Details

See Assembly Version of this Bill:
A7789E
Current Committee:
Law Section:
Public Officers Law
Laws Affected:
Amd §§86 & 87, Pub Off L; amd §355, Ed L

S5797 - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S5797

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 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.

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.


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

                                  5797

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              June 16, 2011
                               ___________

Introduced  by  Sen. LAVALLE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

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 campuses

  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 OR
CLINICAL PRACTICE PLAN ASSOCIATED WITH A PUBLIC COLLEGE OR UNIVERSITY.
  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[.];

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13175-02-1

S. 5797                             2

  (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 6 of section 355 of the
education law is designated paragraph (a) and a  new  paragraph  (b)  is
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.
  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;  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.

Co-Sponsors

view additional co-sponsors

S5797A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A7789E
Current Committee:
Law Section:
Public Officers Law
Laws Affected:
Amd §§86 & 87, Pub Off L; amd §355, Ed L

S5797A (ACTIVE) - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S5797A

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 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.

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:
January 1, 2013, with provisions.


view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5797--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              June 16, 2011
                               ___________

Introduced  by  Sens. LAVALLE, SAVINO -- read twice and ordered printed,
  and when printed to be committed to the Committee on Rules  --  recom-
  mitted 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 campuses

  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 OR
CLINICAL PRACTICE PLAN ASSOCIATED WITH A PUBLIC COLLEGE OR UNIVERSITY.
  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.
                                                           LBD13175-03-2

S. 5797--A                          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. The opening paragraph of subdivision 6  of  section  355  of  the
education  law  is  designated  paragraph (a) and a new paragraph (b) is
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.
  S  4.  This  act shall take effect January 1, 2013; 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; 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.

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