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.