NY State Senate Bill 2015-S19B

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
Feb 24, 2016	print number 19b
Feb 24, 2016	amend and recommit to investigations and government operations
Jan 06, 2016	referred to investigations and government operations
May 13, 2015	print number 19a
May 13, 2015	amend (t) and recommit to investigations and government operations
Jan 07, 2015	referred to investigations and government operations

Bill Amendments

Original

B (Active)

co-Sponsors

2015-S19 - Details

See Assembly Version of this Bill:: A5379
Current Committee:: Senate Investigations And Government Operations
Law Section:: Education Law
Laws Affected:: Amd §§359 & 6233, Ed L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S5797
2013-2014: S2224, A7554
2017-2018: S2214, A5929
2019-2020: S6275, A4367
2021-2022: S3540, A9617
2023-2024: S6863, A9570
2025-2026: S6745, A5733

2015-S19 - Summary

Relates to reporting requirements of SUNY and CUNY; relates to financial information and vendors for contracts of services; relates to amount of employees by department and location including salaries, job titles and descriptions.

2015-S19 - Sponsor Memo

                                 BILL NUMBER:  S19

 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 and
city-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 and CUNY amends section
355 of the education law by adding new paragraphs (a) and (b).

 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 :

2013-14 S.2224B; 2011-12 S.5797A

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately; provided, however, 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.

2015-S19 - Bill Text download pdf

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

                                   19

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by Sens. LAVALLE, RITCHIE -- read twice and ordered printed,
  and when printed to be committed to the  Committee  on  Investigations
  and Government Operations

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 and city-operated campus-
  es

  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, THE RESEARCH FOUNDATION
OF THE CITY UNIVERSITY OF NEW YORK, FOUNDATIONS  AND  AUXILIARY  SERVICE
CORPORATIONS  ASSOCIATED WITH ANY PUBLIC COLLEGE OR UNIVERSITY, 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. Subdivision 2 of section  87  of  the  public  officers  law,  is
amended by adding two new paragraphs (o) and (p) to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00957-01-5

S. 19                               2

  (O) 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;
  (P) 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 two new paragraphs (b) and
(c) are 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 THAT:   (I)
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  TRUSTEES'  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.
  (C)  THE  STATE  UNIVERSITY TRUSTEES SHALL REPORT TO THE GOVERNOR, THE
SPEAKER OF THE ASSEMBLY AND THE TEMPORARY PRESIDENT OF THE SENATE ON THE
STATUS OF THE IMPLEMENTATION OF PARAGRAPH (A)  OF  THIS  SUBDIVISION  NO
LATER THAN NINETY DAYS AFTER THIS PARAGRAPH SHALL HAVE TAKEN EFFECT.
  S  4.    Section  6204 of the education law is amended by adding a new
subdivision 4 to read as follows:
  4. (A) THE BOARD OF TRUSTEES SHALL ADOPT GUIDELINES FOR FOUNDATIONS OF
CITY UNIVERSITY-OPERATED CAMPUSES THAT REQUIRE EACH FOUNDATION TO  ADOPT
A  CONFLICT  OF  INTEREST  POLICY  APPLICABLE TO SUCH FOUNDATION AND ITS
AFFILIATED CORPORATIONS. AMONG  OTHER  ITEMS,  THE  BOARD  OF  TRUSTEES'
GUIDELINES  SHALL  REQUIRE SUCH FOUNDATION POLICIES TO PROVIDE THAT: (I)

S. 19                               3

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
RELATIVE'S BUSINESS INTEREST IN ANY SUCH  EXISTING  OR  PROPOSED  VENDOR
WITH  THE  FOUNDATION  OR  ITS  AFFILIATE. THE CITY UNIVERSITY TRUSTEES'
GUIDELINES SHALL DEFINE THE NATURE OF A BUSINESS INTEREST AND THE CLOSE-
NESS OF A  PERSONAL  RELATION  THAT  BRING  A  RELATIONSHIP  WITHIN  THE
PURPOSES OF THIS SECTION.
  (B) THE BOARD OF TRUSTEES SHALL REPORT TO THE GOVERNOR, THE SPEAKER OF
THE  ASSEMBLY AND THE TEMPORARY PRESIDENT OF THE SENATE ON THE STATUS OF
THE IMPLEMENTATION OF PARAGRAPH (A) OF THIS SUBDIVISION  NO  LATER  THAN
NINETY DAYS AFTER THIS PARAGRAPH SHALL HAVE TAKEN EFFECT.
  S  5.  This act shall take effect immediately; provided, however, 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

2015-S19A - Details

See Assembly Version of this Bill:: A5379
Current Committee:: Senate Investigations And Government Operations
Law Section:: Education Law
Laws Affected:: Amd §§359 & 6233, Ed L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S5797
2013-2014: S2224, A7554
2017-2018: S2214, A5929
2019-2020: S6275, A4367
2021-2022: S3540, A9617
2023-2024: S6863, A9570
2025-2026: S6745, A5733

2015-S19A - Summary

2015-S19A - Sponsor Memo

                                BILL NUMBER:S19A

TITLE OF BILL:  An act to amend the education law, in relation to
reporting requirements of the state university of New York and city
university of New York

PURPOSE:

The purpose of this bill is to require the State and City universities
of New York to produce an annual report to be published online which
would disclose their financial records, including vendors, employees
and general accounting information for any research foundations which
are owned and operated by public colleges and community colleges.

SUMMARY OF PROVISIONS:

Amends section 359 of the education law, adding subdivision 6
requiring the State University of New York to produce an annual report
regarding their financial information. Amends section 6233 of the
education law requiring the City University of New York to produce the
same report. Adds a section defining exemptions that we do not have to
be included in disclosure reports.

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 that these corporations would have to disclose
their finances publicly each year online. 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:

2013-14 S.2224B/A.7554B;
2011-12 S.5797A/A.7789E

FISCAL IMPLICATIONS:


None.

EFFECTIVE DATE:

Immediately.

2015-S19A - Bill Text download pdf

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

                                  19--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sens. LAVALLE, AVELLA, RITCHIE -- read twice and ordered
  printed, and when printed to be committed to the Committee on Investi-
  gations  and  Government  Operations  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the education law, in relation to reporting requirements
  of the state university of New York and city university of New York

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

  Section 1. Section 359 of the education law is amended by adding a new
subdivision 6 to read as follows:
  6.  THE TRUSTEES OF THE STATE UNIVERSITY OF NEW YORK SHALL REQUIRE, ON
OR BEFORE NOVEMBER FIRST OF EACH YEAR, AN ANNUAL REPORT OF THE  RESEARCH
FOUNDATION  OF THE STATE UNIVERSITY OF NEW YORK, AND AN ANNUAL REPORT OF
STATE-OPERATED INSTITUTIONS' AND COMMUNITY COLLEGES' CAMPUS  FOUNDATIONS
AND  THEIR SUBSIDIARIES, IN A STANDARDIZED FORMAT DEVELOPED BY THE CHAN-
CELLOR. THE ANNUAL REPORTS REQUIRED BY THIS SUBDIVISION SHALL BE  POSTED
PUBLICLY ON THE WEBSITE OF THE STATE UNIVERSITY OF NEW YORK IN A MACHINE
READABLE  FORMAT  BY  NOVEMBER  FIRST  OF  EACH  YEAR. THE REPORTS SHALL
INCLUDE, BUT NOT BE LIMITED TO:
  A. FINANCIAL REPORTS, INCLUDING: AUDITED FINANCIALS IN ACCORDANCE WITH
ALL APPLICABLE REGULATIONS AND FOLLOWING GENERALLY  ACCEPTED  ACCOUNTING
PRINCIPLES  AS  DEFINED  IN  SUBDIVISION TEN OF SECTION TWO OF THE STATE
FINANCE LAW, AND ANY LONG-TERM LIABILITIES;
  B. THE TOTAL NUMBER, AMOUNT, AND IDENTIFYING VENDOR INFORMATION OF ALL
CONTRACTS FOR SERVICES; AND
  C. THE TOTAL AMOUNT OF EMPLOYEES BY DEPARTMENT AND  JOB  LOCATION  AND
AMOUNT  SPENT  ON  PERSONNEL  BY DEPARTMENT AND JOB LOCATION WHICH SHALL
INCLUDE ANNUAL EMPLOYEE SALARIES, EMPLOYEE JOB TITLES  AND  DESCRIPTIONS
AND EMPLOYEE BENEFITS.

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

                                                           LBD00957-03-5

S. 19--A                            2

  S  2.  Section  6233  of  the education law is amended by adding a new
subdivision 4 to read as follows:
  4.  THE  TRUSTEES OF THE CITY UNIVERSITY OF NEW YORK SHALL REQUIRE, ON
OR BEFORE NOVEMBER FIRST OF EACH YEAR, AN ANNUAL REPORT OF THE  RESEARCH
FOUNDATION  OF  THE CITY UNIVERSITY OF NEW YORK, AND AN ANNUAL REPORT OF
SENIOR COLLEGES' AND COMMUNITY COLLEGES' CAMPUS  FOUNDATIONS  AND  THEIR
SUBSIDIARIES,  IN A STANDARDIZED FORMAT DEVELOPED BY THE CHANCELLOR. THE
ANNUAL REPORTS REQUIRED BY THIS SUBDIVISION SHALL BE POSTED PUBLICLY  ON
THE  WEBSITE  OF  THE  CITY UNIVERSITY OF NEW YORK IN A MACHINE READABLE
FORMAT, BY NOVEMBER FIRST OF EACH YEAR. THE REPORTS SHALL  INCLUDE,  BUT
NOT BE LIMITED TO:
  A. FINANCIAL REPORTS, INCLUDING: AUDITED FINANCIALS IN ACCORDANCE WITH
ALL  APPLICABLE  REGULATIONS AND FOLLOWING GENERALLY ACCEPTED ACCOUNTING
PRINCIPLES AS DEFINED IN SUBDIVISION TEN OF SECTION  TWO  OF  THE  STATE
FINANCE LAW, AND ANY LONG-TERM LIABILITIES;
  B. THE TOTAL NUMBER, AMOUNT, AND IDENTIFYING VENDOR INFORMATION OF ALL
CONTRACTS FOR SERVICES; AND
  C.  THE  TOTAL  AMOUNT OF EMPLOYEES BY DEPARTMENT AND JOB LOCATION AND
AMOUNT SPENT ON PERSONNEL BY DEPARTMENT AND  JOB  LOCATION  WHICH  SHALL
INCLUDE  ANNUAL  EMPLOYEE SALARIES, EMPLOYEE JOB TITLES AND DESCRIPTIONS
AND EMPLOYEE BENEFITS.
  S 3. The reports required in sections one and two of this act may  not
disclose  the  following  information that: (a) is specifically exempted
from disclosure by state or federal  statute;  (b)  if  disclosed  would
constitute  an  unwarranted  invasion  of  personal  privacy  under  the
provisions of subdivision 2 of section 89 of the  public  officers  law;
(c)  if  disclosed  would  impair present or imminent contract awards or
collective bargaining negotiations; (d) are trade secrets or are submit-
ted to an entity by a commercial enterprise or derived from  information
obtained from a commercial enterprise and which if disclosed would cause
substantial  injury  to  the  competitive position of the subject enter-
prise; (e) are records of an entity relating  to  charitable  donors  or
prospective donors, including but not limited to the fund-raising strat-
egies  of  agencies  identified  in  paragraph  (b)  of subdivision 3 of
section 86 of the public officers law, provided that records relating to
fund-raising strategies would, if disclosed, impair the ability of those
entities 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
business, with the entity to which the donation  is  made  within  three
years  of  the date of such donation; and (f) are academic or scientific
research or research-related records, including any  draft,  preliminary
or  unfunded grant or contract document, whether sponsored by the entity
itself or in conjunction with a third party, or records relating to  the
entity's  intellectual  property,  which,  if disclosed, would adversely
affect license, patent, copyright or other rights of  the  entity.  This
section shall not permit an entity to withhold records or portions ther-
eof  pertaining  to  the  name,  title, expenditure, source or amount of
public funding relating to such research or intellectual property.
  S 4.  Nothing  in  this  act  shall  be  construed  to  supersede  the
provisions of chapter 10 of the laws of 2006.
  S 5. This act shall take effect January 1, 2016.

co-Sponsors

2015-S19B (ACTIVE) - Details

See Assembly Version of this Bill:: A5379
Current Committee:: Senate Investigations And Government Operations
Law Section:: Education Law
Laws Affected:: Amd §§359 & 6233, Ed L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S5797
2013-2014: S2224, A7554
2017-2018: S2214, A5929
2019-2020: S6275, A4367
2021-2022: S3540, A9617
2023-2024: S6863, A9570
2025-2026: S6745, A5733

2015-S19B (ACTIVE) - Summary

2015-S19B (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S19B

 TITLE OF BILL :  An act to amend the education law, in relation to
reporting requirements of the state university of New York and city
university of New York

 PURPOSE :

The purpose of this bill is to require the State and City universities
of New York to produce an annual report to be published online which
would disclose their financial records, including vendors, employees
and general accounting information for any research foundations which
are owned and operated by public colleges and community colleges.

 SUMMARY OF PROVISIONS :

Amends section 359 of the education law, adding subdivision 6
requiring the State University of New York to produce an annual report
regarding their financial information. Amends section 6233 of the
education law requiring the City University of New York to produce the
same report. Adds a section defining exemptions that we do not have to
be included in disclosure reports.

 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 that these corporations would have to disclose
their finances publically each year online. 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 :

2013-14 S.2224B/A.7554B;
2011-12 S.5797A/A.7789E

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
January 1, 2017.

2015-S19B (ACTIVE) - Bill Text download pdf

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

                                  19--B

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sens. LAVALLE, AVELLA, RITCHIE -- read twice and ordered
  printed, and when printed to be committed to the Committee on Investi-
  gations  and  Government  Operations  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee -- recommitted 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 committee

AN ACT to amend the education law, in relation to reporting requirements
  of the state university of New York and city university of New York

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

  Section 1. Section 359 of the education law is amended by adding a new
subdivision 6 to read as follows:
  6.  THE TRUSTEES OF THE STATE UNIVERSITY OF NEW YORK SHALL REQUIRE, ON
OR BEFORE NOVEMBER FIRST OF EACH YEAR, AN ANNUAL REPORT OF THE  RESEARCH
FOUNDATION  OF THE STATE UNIVERSITY OF NEW YORK, AND AN ANNUAL REPORT OF
STATE-OPERATED INSTITUTIONS' AND COMMUNITY COLLEGES' CAMPUS  FOUNDATIONS
AND  THEIR SUBSIDIARIES, IN A STANDARDIZED FORMAT DEVELOPED BY THE CHAN-
CELLOR. THE ANNUAL REPORTS REQUIRED BY THIS SUBDIVISION SHALL BE  POSTED
PUBLICLY ON THE WEBSITE OF THE STATE UNIVERSITY OF NEW YORK IN A MACHINE
READABLE  FORMAT  BY  NOVEMBER  FIRST  OF  EACH  YEAR. THE REPORTS SHALL
INCLUDE, BUT NOT BE LIMITED TO:
  A. FINANCIAL REPORTS, INCLUDING: AUDITED FINANCIALS IN ACCORDANCE WITH
ALL APPLICABLE REGULATIONS AND FOLLOWING GENERALLY  ACCEPTED  ACCOUNTING
PRINCIPLES  AS  DEFINED  IN  SUBDIVISION TEN OF SECTION TWO OF THE STATE
FINANCE LAW, AND ANY LONG-TERM LIABILITIES;
  B. THE TOTAL NUMBER, AMOUNT, AND IDENTIFYING VENDOR INFORMATION OF ALL
CONTRACTS FOR SERVICES; AND
  C. THE TOTAL AMOUNT OF EMPLOYEES BY DEPARTMENT AND  JOB  LOCATION  AND
AMOUNT  SPENT  ON  PERSONNEL  BY DEPARTMENT AND JOB LOCATION WHICH SHALL
INCLUDE ANNUAL EMPLOYEE SALARIES, EMPLOYEE JOB TITLES  AND  DESCRIPTIONS
AND EMPLOYEE BENEFITS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00957-04-6

S. 19--B                            2

  S  2.  Section  6233  of  the education law is amended by adding a new
subdivision 4 to read as follows:
  4.  THE  TRUSTEES OF THE CITY UNIVERSITY OF NEW YORK SHALL REQUIRE, ON
OR BEFORE NOVEMBER FIRST OF EACH YEAR, AN ANNUAL REPORT OF THE  RESEARCH
FOUNDATION  OF  THE CITY UNIVERSITY OF NEW YORK, AND AN ANNUAL REPORT OF
SENIOR COLLEGES' AND COMMUNITY COLLEGES' CAMPUS  FOUNDATIONS  AND  THEIR
SUBSIDIARIES,  IN A STANDARDIZED FORMAT DEVELOPED BY THE CHANCELLOR. THE
ANNUAL REPORTS REQUIRED BY THIS SUBDIVISION SHALL BE POSTED PUBLICLY  ON
THE  WEBSITE  OF  THE  CITY UNIVERSITY OF NEW YORK IN A MACHINE READABLE
FORMAT, BY NOVEMBER FIRST OF EACH YEAR. THE REPORTS SHALL  INCLUDE,  BUT
NOT BE LIMITED TO:
  A. FINANCIAL REPORTS, INCLUDING: AUDITED FINANCIALS IN ACCORDANCE WITH
ALL  APPLICABLE  REGULATIONS AND FOLLOWING GENERALLY ACCEPTED ACCOUNTING
PRINCIPLES AS DEFINED IN SUBDIVISION TEN OF SECTION  TWO  OF  THE  STATE
FINANCE LAW, AND ANY LONG-TERM LIABILITIES;
  B. THE TOTAL NUMBER, AMOUNT, AND IDENTIFYING VENDOR INFORMATION OF ALL
CONTRACTS FOR SERVICES; AND
  C.  THE  TOTAL  AMOUNT OF EMPLOYEES BY DEPARTMENT AND JOB LOCATION AND
AMOUNT SPENT ON PERSONNEL BY DEPARTMENT AND  JOB  LOCATION  WHICH  SHALL
INCLUDE  ANNUAL  EMPLOYEE SALARIES, EMPLOYEE JOB TITLES AND DESCRIPTIONS
AND EMPLOYEE BENEFITS.
  S 3. The reports required in sections one and two of this act may  not
disclose  the  following  information that: (a) is specifically exempted
from disclosure by state or federal  statute;  (b)  if  disclosed  would
constitute  an  unwarranted  invasion  of  personal  privacy  under  the
provisions of subdivision 2 of section 89 of the  public  officers  law;
(c)  if  disclosed  would  impair present or imminent contract awards or
collective bargaining negotiations; (d) are trade secrets or are submit-
ted to an entity by a commercial enterprise or derived from  information
obtained from a commercial enterprise and which if disclosed would cause
substantial  injury  to  the  competitive position of the subject enter-
prise; (e) are records of an entity relating  to  charitable  donors  or
prospective donors, including but not limited to the fund-raising strat-
egies  of  agencies  identified  in  paragraph  (b)  of subdivision 3 of
section 86 of the public officers law, provided that records relating to
fund-raising strategies would, if disclosed, impair the ability of those
entities 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
business, with the entity to which the donation  is  made  within  three
years  of  the date of such donation; and (f) are academic or scientific
research or research-related records, including any  draft,  preliminary
or  unfunded grant or contract document, whether sponsored by the entity
itself or in conjunction with a third party, or records relating to  the
entity's  intellectual  property,  which,  if disclosed, would adversely
affect license, patent, copyright or other rights of  the  entity.  This
section shall not permit an entity to withhold records or portions ther-
eof  pertaining  to  the  name,  title, expenditure, source or amount of
public funding relating to such research or intellectual property.
  S 4.  Nothing  in  this  act  shall  be  construed  to  supersede  the
provisions of chapter 10 of the laws of 2006.
  S 5. This act shall take effect January 1, 2017.

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