NY State Senate Bill 2019-S5350

Senate Bill S5350

2019-2020 Legislative Session

Makes certain not-for-profit corporations subject to the freedom of information and open meetings laws

download bill text pdf

Archive: Last Bill Status - In Senate Committee Corporations, Authorities And Commissions 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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to corporations, authorities and commissions
Apr 29, 2019	referred to corporations, authorities and commissions

2019-S5350 (ACTIVE) - Details

See Assembly Version of this Bill:: A6154
Current Committee:: Senate Corporations, Authorities And Commissions
Law Section:: Not-for-Profit Corporation Law
Laws Affected:: Add §116, N-PC L
Versions Introduced in Other Legislative Sessions:: 2015-2016: A7437
2017-2018: A3077
2021-2022: S5594
2023-2024: S2451

2019-S5350 (ACTIVE) - Summary

Makes certain not-for-profit corporations subject to the freedom of information and open meetings laws.

2019-S5350 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5350

SPONSOR: COMRIE
 
TITLE OF BILL:  An act to amend the not-for-profit corporation law, in
relation to making certain not-for-profit corporations subject to the
freedom of information and open meetings laws

 
PURPOSE OR GENERAL IDEA OF THE BILL:

This bill promotes transparency by increasing public access to the
proceedings and records of certain not-for-profit corporations.

 
SUMMARY OF PROVISIONS:

This bill adds a new section 116 to the not-for-profit corporation law
so that not-for-profit corporations licensed by the office for people
with developmental disabilities, the office of mental health, or the
department of health as an approved provider; and that annually receive
either one million dollars or more in government funding or seventy-five
percent or more of its gross annual revenue through government funding;
are subject to articles six and seven of the public officers law (i.e.,

the Freedom of Information Law).

This bill excludes from disclosure patient records as well as documents
that the New York State Police deem to be secure.

 
JUSTIFICATION:

It is an ever more common occurrence for state and local governmental
operations to subcontract their work to not-for-profit entities. When
such not-for-profit entities are actually performing governmental func-
tions, with public monies, their activities and records should be
subject to the same public oversight as the governmental entities with
which they contract. This bill subjects certain not-for-profit corpo-
rations that receive large amounts of funding from the government to the
same provisions under law with which other state agencies must comply.

This bill would also provide for the protections necessary when such
information needs to be exempt from public disclosure due to patient
privacy security issues.

 
PRIOR LEGISLATIVE HISTORY:

2017-18: A03077;
2015-16: A07437.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act takes effect 30 days after having become law.

2019-S5350 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5350
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              April 29, 2019
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Corporations,  Authorities
   and Commissions
 
 AN  ACT  to  amend  the  not-for-profit  corporation law, in relation to
   making certain not-for-profit corporations subject to the  freedom  of
   information and open meetings laws

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The not-for-profit corporation law is amended by  adding  a
 new section 116 to read as follows:
 § 116. ACCESS TO RECORDS.
   (A)  ANY NOT-FOR-PROFIT CORPORATION AS DEFINED IN SUBPARAGRAPH FIVE OF
 PARAGRAPH (A) OF SECTION ONE HUNDRED TWO OF THIS ARTICLE,  WITH  TWENTY-
 FIVE  OR  MORE FULL TIME EQUIVALENT EMPLOYEES, WHICH RECEIVES EITHER ONE
 MILLION DOLLARS OR MORE IN GOVERNMENT FUNDING, OR  SEVENTY-FIVE  PERCENT
 OR  MORE  OF ITS GROSS REVENUES THROUGH GOVERNMENT FUNDING, AND WHICH IS
 LICENSED BY THE OFFICE OF PEOPLE WITH DEVELOPMENTAL DISABILITIES, OFFICE
 OF MENTAL HEALTH, OR DEPARTMENT OF HEALTH AS  AN  APPROVED  PROVIDER  OF
 SERVICES,  SHALL  BE SUBJECT TO THE PROVISIONS OF ARTICLES SIX AND SEVEN
 OF THE PUBLIC OFFICERS LAW; PROVIDED, HOWEVER, THAT  THE  PROVISIONS  OF
 THIS SECTION SHALL NOT APPLY TO PATIENT RECORDS AS DEFINED IN THE HEALTH
 INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996.
   (B)  ANY  RECORDS  IDENTIFIED  BY  THE NEW YORK STATE POLICE AS SECURE
 DOCUMENTS REQUIRING THE NON-DISCLOSURE FOR SECURITY PURPOSES  SHALL  NOT
 BE SUBJECT TO THE PROVISIONS OF PARAGRAPH (A) OF THIS SECTION.
   §  2.  This  act shall take effect on the thirtieth day after it shall
 have become a law.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07936-01-9

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