S T A T E O F N E W Y O R K
________________________________________________________________________
5594
2021-2022 Regular Sessions
I N S E N A T E
March 11, 2021
___________
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.
LBD10107-01-1