NY State Assembly Bill 2011-A7789E

Archive: Last Bill Status - In Assembly 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
Mar 05, 2012	print number 7789e
Mar 05, 2012	amend and recommit to governmental operations
Jan 04, 2012	referred to governmental operations
Jun 16, 2011	print number 7789d
Jun 16, 2011	amend (t) and recommit to ways and means
Jun 15, 2011	print number 7789c
Jun 15, 2011	amend and recommit to ways and means
Jun 14, 2011	print number 7789b
Jun 14, 2011	amend and recommit to ways and means
Jun 13, 2011	reported referred to ways and means
May 25, 2011	print number 7789a
May 25, 2011	amend and recommit to governmental operations
May 17, 2011	referred to governmental operations

Bill Amendments

Original

E (Active)

co-Sponsors

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multi-Sponsors

2011-A7789 - Details

See Senate Version of this Bill:: S5797
Current Committee:: Assembly Governmental Operations
Law Section:: Public Officers Law
Laws Affected:: Amd §§86 & 87, Pub Off L; amd §355, Ed L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S2224
2015-2016: S19
2017-2018: S2214
2019-2020: S6275
2021-2022: S3540
2023-2024: S6863
2025-2026: S6745

2011-A7789 - Summary

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

2011-A7789 - Bill Text download pdf

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

                                  7789

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              May 17, 2011
                               ___________

Introduced  by  M.  of  A.  GLICK, JAFFEE, GOTTFRIED, MAISEL, P. RIVERA,
  McDONOUGH -- Multi-Sponsored by -- M. of A. NOLAN  --  read  once  and
  referred to the Committee on Governmental 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, 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.
                                                           LBD11480-02-1

co-Sponsors

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multi-Sponsors

2011-A7789A - Details

See Senate Version of this Bill:: S5797
Current Committee:: Assembly Governmental Operations
Law Section:: Public Officers Law
Laws Affected:: Amd §§86 & 87, Pub Off L; amd §355, Ed L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S2224
2015-2016: S19
2017-2018: S2214
2019-2020: S6275
2021-2022: S3540
2023-2024: S6863
2025-2026: S6745

2011-A7789A - Summary

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

2011-A7789A - Bill Text download pdf

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

                                 7789--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              May 17, 2011
                               ___________

Introduced  by  M.  of  A.  GLICK, JAFFEE, GOTTFRIED, MAISEL, P. RIVERA,
  McDONOUGH -- Multi-Sponsored by -- M. of A. NOLAN  --  read  once  and
  referred  to  the  Committee  on  Governmental 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.
                                                           LBD11480-04-1

co-Sponsors

View additional co-sponsors

multi-Sponsors

2011-A7789B - Details

See Senate Version of this Bill:: S5797
Current Committee:: Assembly Governmental Operations
Law Section:: Public Officers Law
Laws Affected:: Amd §§86 & 87, Pub Off L; amd §355, Ed L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S2224
2015-2016: S19
2017-2018: S2214
2019-2020: S6275
2021-2022: S3540
2023-2024: S6863
2025-2026: S6745

2011-A7789B - Summary

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

2011-A7789B - Bill Text download pdf

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

                                 7789--B

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              May 17, 2011
                               ___________

Introduced  by  M.  of  A.  GLICK, JAFFEE, GOTTFRIED, MAISEL, P. RIVERA,
  McDONOUGH -- Multi-Sponsored by -- M. of A. BRENNAN, GABRYSZAK,  HOOP-
  ER,  NOLAN  -- read once and referred to the Committee on Governmental
  Operations -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee -- reported and referred  to
  the  Committee on Ways and Means -- again reported from said committee
  with amendments, 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11480-06-1

A. 7789--B                          2

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. 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.

co-Sponsors

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multi-Sponsors

2011-A7789C - Details

See Senate Version of this Bill:: S5797
Current Committee:: Assembly Governmental Operations
Law Section:: Public Officers Law
Laws Affected:: Amd §§86 & 87, Pub Off L; amd §355, Ed L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S2224
2015-2016: S19
2017-2018: S2214
2019-2020: S6275
2021-2022: S3540
2023-2024: S6863
2025-2026: S6745

2011-A7789C - Summary

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

2011-A7789C - Bill Text download pdf

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

                                 7789--C

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              May 17, 2011
                               ___________

Introduced  by  M.  of  A.  GLICK, JAFFEE, GOTTFRIED, MAISEL, P. RIVERA,
  McDONOUGH -- Multi-Sponsored by -- M. of A. BRENNAN, GABRYSZAK,  HOOP-
  ER,  NOLAN  -- read once and referred to the Committee on Governmental
  Operations -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee -- reported and referred  to
  the  Committee on Ways and Means -- again reported from said committee
  with amendments, ordered reprinted as amended and recommitted to  said
  committee  --  again  reported  from  said  committee with amendments,
  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.
                                                           LBD11480-07-1

A. 7789--C                          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.

co-Sponsors

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multi-Sponsors

2011-A7789D - Details

See Senate Version of this Bill:: S5797
Current Committee:: Assembly Governmental Operations
Law Section:: Public Officers Law
Laws Affected:: Amd §§86 & 87, Pub Off L; amd §355, Ed L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S2224
2015-2016: S19
2017-2018: S2214
2019-2020: S6275
2021-2022: S3540
2023-2024: S6863
2025-2026: S6745

2011-A7789D - Summary

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

2011-A7789D - Bill Text download pdf

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

                                 7789--D

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              May 17, 2011
                               ___________

Introduced  by  M.  of  A.  GLICK, JAFFEE, GOTTFRIED, MAISEL, P. RIVERA,
  McDONOUGH -- Multi-Sponsored by -- M. of A. BRENNAN, HOOPER, NOLAN  --
  read  once and referred to the Committee on Governmental Operations --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted  to said committee -- reported and referred to the Commit-
  tee on Ways and Means --  again  reported  from  said  committee  with
  amendments,  ordered  reprinted  as  amended  and  recommitted to said
  committee -- again  reported  from  said  committee  with  amendments,
  ordered  reprinted  as  amended  and  recommitted to said committee --
  again reported from said committee with amendments, 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; 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11480-08-1

A. 7789--D                          2

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[.];
  (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

A. 7789--D                          3

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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2011-A7789E (ACTIVE) - Details

See Senate Version of this Bill:: S5797
Current Committee:: Assembly Governmental Operations
Law Section:: Public Officers Law
Laws Affected:: Amd §§86 & 87, Pub Off L; amd §355, Ed L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S2224
2015-2016: S19
2017-2018: S2214
2019-2020: S6275
2021-2022: S3540
2023-2024: S6863
2025-2026: S6745

2011-A7789E (ACTIVE) - Summary

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

2011-A7789E (ACTIVE) - Bill Text download pdf

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

                                 7789--E

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              May 17, 2011
                               ___________

Introduced  by  M.  of  A.  GLICK, JAFFEE, GOTTFRIED, MAISEL, P. RIVERA,
  McDONOUGH, MOYA -- Multi-Sponsored by -- M. of A.  BRENNAN,  CASTELLI,
  HOOPER,  NOLAN  --  read once and referred to the Committee on Govern-
  mental Operations  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee -- reported and
  referred  to  the  Committee  on Ways and Means -- again reported from
  said committee with  amendments,  ordered  reprinted  as  amended  and
  recommitted  to  said  committee -- again reported from said committee
  with amendments, ordered reprinted as amended and recommitted to  said
  committee  --  again  reported  from  said  committee with amendments,
  ordered reprinted as amended and  recommitted  to  said  committee  --
  recommitted  to the Committee on Governmental Operations in accordance
  with Assembly Rule 3, sec. 2 -- 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; 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11480-09-2

A. 7789--E                          2

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[.];
  (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

A. 7789--E                          3

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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Sponsored By

GLICK

Archive: Last Bill Status - In Assembly Committee

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co-Sponsors

Ellen C. Jaffee

Richard Gottfried

Alan Maisel

Peter Rivera

multi-Sponsors

Catherine Nolan

2011-A7789 - Details

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co-Sponsors

Ellen C. Jaffee

Richard Gottfried

Alan Maisel

Peter Rivera

multi-Sponsors

James F. Brennan

Dennis H. Gabryszak

Earlene Hooper

Catherine Nolan

2011-A7789A - Details

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co-Sponsors

Ellen C. Jaffee

Richard Gottfried

Alan Maisel

Peter Rivera

multi-Sponsors

James F. Brennan

Dennis H. Gabryszak

Earlene Hooper

Catherine Nolan

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co-Sponsors

Ellen C. Jaffee

Richard Gottfried

Alan Maisel

Peter Rivera

multi-Sponsors

James F. Brennan

Earlene Hooper

Catherine Nolan

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co-Sponsors

Ellen C. Jaffee

Richard Gottfried

Alan Maisel

Peter Rivera

multi-Sponsors

James F. Brennan

Robert Castelli

Earlene Hooper

Catherine Nolan

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Ellen C. Jaffee

Richard Gottfried

Alan Maisel

Peter Rivera

multi-Sponsors

James F. Brennan

Robert Castelli

William Colton

Andrew Goodell