S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3540
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2021
                                ___________
 
 Introduced  by  Sens.  STAVISKY, BRESLIN, COMRIE, JACKSON, KRUEGER, LIU,
   MAYER -- read twice and  ordered  printed,  and  when  printed  to  be
   committed to the Committee on Higher Education
 
 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 5 to read as follows:
   5. 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.  A LIST OF ALL CONTRACTS, INCLUDING AMOUNT, PURPOSE AND IDENTIFYING
 VENDOR INFORMATION OF EACH CONTRACT; AND
   C. A LIST OF ALL FOUNDATION AND STATE UNIVERSITY EMPLOYEES BY  CAMPUS,
 DEPARTMENT  AND JOB LOCATION, AND THE AMOUNT SPENT BY CAMPUS, DEPARTMENT
 AND JOB LOCATION WHICH SHALL INCLUDE ANNUAL EMPLOYEE SALARIES  OR  OTHER
 COMPENSATION,  EMPLOYEE  JOB  TITLES AND DESCRIPTIONS AND EMPLOYEE BENE-
 FITS.
   § 2. Section 6233 of the education law is  amended  by  adding  a  new
 subdivision 4 to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07643-01-1

 S. 3540                             2
 
   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.  A LIST OF ALL CONTRACTS, INCLUDING AMOUNT, PURPOSE AND IDENTIFYING
 VENDOR INFORMATION OF EACH CONTRACT; AND
   C. A LIST OF ALL FOUNDATION AND STATE UNIVERSITY EMPLOYEES BY  CAMPUS,
 DEPARTMENT  AND JOB LOCATION, AND THE AMOUNT SPENT BY CAMPUS, DEPARTMENT
 AND JOB LOCATION WHICH SHALL INCLUDE ANNUAL EMPLOYEE SALARIES  OR  OTHER
 COMPENSATION,  EMPLOYEE  JOB  TITLES AND DESCRIPTIONS AND EMPLOYEE BENE-
 FITS.
   § 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  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 busi-
 ness,  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.
   §  4.  Nothing  in  this  act  shall  be  construed  to  supersede the
 provisions of chapter 10 of the laws of 2006.
   § 5. This act shall take effect January 1, 2022.