NY State Senate Bill 2009-S1044

Senate Bill S1044

2009-2010 Legislative Session

Provides health care employees at state university health care services and facilities with wage rate and pay differentials and expands contracting authority

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Archive: Last Bill Status - In Senate Committee Higher Education 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to higher education
Jan 22, 2009	referred to higher education

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2009-S1044 (ACTIVE) - Details

Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Amd §§350 & 355, Ed L; amd §8, Chap 363 of 1998

2009-S1044 (ACTIVE) - Summary

Provides health care employees at state university health care services and facilities with wage rate and pay differentials and expands the contracting authority of such state university health care services and facilities.

2009-S1044 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1044

 TITLE OF BILL :
An act to amend the education law and chapter 363 of the laws of 1998,
amending the education law relating to state university health care
services and facilities, in relation to state university health care
services and facilities and providing for the repeal of such
provisions upon expiration thereof


 PURPOSE :
This bill enhances the ability of the SUNY Hospitals to be more
competitive within their respective regions. It allows them to enter
into beneficial healthcare networks and contractual agreements that
are necessary if these hospitals are to continue to offer the quality
health care services that their communities have come to expect and
need. Given the changing nature of health care services, insurance
coverage and government support systems, these changes are critical
for the continued success of these institutions. It is essential that
the management of these hospitals have the ability to act quickly and
efficiently in the interest of their patients and their organization.
The amendments add legislative intent consistent with the original law
and provides for a sunset provision effective April 1, 2012.

 SUMMARY OF PROVISIONS :
Section 1 provides legislative intent.

Section 2 clarifies the definition of a clinic to limit it to a
facility licensed as a diagnostic and treatment center.

Section 3 of subdivision 16 of section 355 of the education law, as
added by chapter 363 of the laws of 1998 is amended by adding a new
subdivision 19 which makes technical corrections concerning the types
of business relationships hospitals may enter into. Allows the SUNY
Trustees to raise the threshold for competitive bidding for specific
services to $500,000 and for goods to $2.5 million. However, it limits
the types of services that this contractual arrangement can be made
for consulting type services. Allows for the acquisition of facilities
through the participation in a network, exempts certain contracts from
competitive bidding but provides notice to employee's bargaining units
of such contracts and allows that certain contracts can contain the
provision that some or all disputes will be settled by binding
arbitration.

Section 4 states that Public Officers Law provisions prohibiting
disclosure of confidential information by SUNY officers or employees
do not apply to information relating directly to the university's
participation in contracts authorized by this bill. It also provides
for the delegation to the president of the appropriate SUNY campus the
authority to serve on the governing body of the hospital and to
appoint directors on a board of a corporation which governs a network
or other joint or cooperative arrangement authorized under the
flexibility legislation.

Section 5 states that confidential information about another business
entity with which a SUNY hospital might develop a business
relationship shall not be considered a public record under the Freedom
of Information Law.

Section 6, Severability Clause.

 JUSTIFICATION :
This bill augments, strengthens and clarifies the legislation enacted
in 1998 granting SUNY hospitals more management flexibility to enter
into managed care contracts and to participate in health care
networks. It recognizes and builds on the recommendation of the Price
Waterhouse Study commissioned by SUNY. Amendments to the bill
eliminate language regarding the process for determining pay
differentials in the event that both Civil Service and SUNY should
recommend differentials that are inconsistent with each other. SUNY
and the Civil Service department now have a working agreement to
address this issue and statutory language is no longer necessary. A
second amendment clarifies the relationship between SUNY and
not-for-profit that are controlled by SUNY.

 LEGISLATIVE HISTORY :
S.7134-A of 1998, S.4889-A of 2001-2002, S.286-B of 2003-2004; S.1225
of 2005-2006; S.5354 of 2007-2008.

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect immediately and shall expire and be deemed
repealed April 1, 2012, provided that any contracts entered into prior
to the expiration and repeal of this act shall continue in full force
and effect and continue to be subject to the provisions of this act.

2009-S1044 (ACTIVE) - Bill Text download pdf

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

                                  1044

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 22, 2009
                               ___________

Introduced  by  Sens. LAVALLE, ONORATO, PARKER -- read twice and ordered
  printed, and when printed to be committed to the Committee  on  Higher
  Education

AN  ACT  to amend the education law and chapter 363 of the laws of 1998,
  amending the education law relating to state  university  health  care
  services  and  facilities, in relation to state university health care
  services  and  facilities  and  providing  for  the  repeal  of   such
  provisions upon expiration thereof

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

  Section 1. Legislative findings and declaration. The legislature here-
by finds and declares that the health  sciences  centers  of  the  state
university of New York have been, are and should continue to be an inte-
gral part of the educational mission of the state university, as well as
valuable  state  resources  which fulfill important public purposes. The
health sciences centers at Brooklyn, Buffalo, Stony Brook  and  Syracuse
and  the  College  of Optometry educate and train physicians, nurses and
other health professionals, conduct critical research and deliver health
care services to New York citizens within their regions. The  scope  and
magnitude  of SUNY health sciences activity are notable. SUNY is a major
educator of health professionals offering the majority  of  the  state's
registered  degree  programs  in many health fields. SUNY biomedical and
health-related research is helping the state respond to many of its most
complex problems including AIDS, alcohol and drug abuse and the  medical
problems  of  infants and the elderly. The health care services provided
at SUNY's hospitals,  clinics  and  ancillary  facilities  by  dedicated
public  employees treat hundreds of thousands of New York citizens annu-
ally and SUNY health care facilities are leading providers  of  services
to medicaid patients.
  The  legislature  further  finds and declares that the trustees of the
state university of New York and the officers and  public  employees  of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05366-01-9

S. 1044                             2

the  health    sciences  centers have ably pursued the health education,
research and care-giving  missions  of  the  university  within  current
constraints. The legislature recognizes, however, that the state univer-
sity hospitals, clinics, ancillary facilities and health services, which
are  integral components of the health sciences centers and essential to
fulfilling their education and research missions, must  function  in  an
increasingly  competitive  and rapidly changing health care environment.
The legislature  also  recognizes  that  the  many  health  care  reform
efforts,  including  growing  emphasis  on managed care, will create new
challenges for the university and necessitate major changes in how  SUNY
and its management and public employees conduct its health care efforts.
These  changes  are  required  to  allow  the health sciences centers to
contribute to their regions by participating in coordinated care efforts
and providing the resources to work cooperatively with other health care
providers and institutions to develop long-range health care plans.
  The legislature, therefore, declares that the following  measures  are
necessary  and appropriate to strengthen the ability of the trustees and
university officers and public  employees,  to  administer,  manage  and
operate  the  hospitals, clinics and ancillary facilities at SUNY health
sciences campuses. The legislature intends that the  following  measures
shall retain the essential public character and mission of these facili-
ties  as  integral parts of the state university health sciences centers
and build on authority vested in the state university  trustees,  should
strengthen  the  ability and define more sharply the powers of the trus-
tees and university officers and public employees to  allow  the  health
sciences  centers the flexibility to offer high quality services through
contracts and networks with other health care providers and to  continue
to  deliver health care services in ways that support SUNY's educational
and research missions and promote high quality care, optimum access  and
reasonable  costs in the emerging health care environment.  Further, the
intent of this legislation is to continue to use public employees to the
greatest extent practicable in providing health care services.
  S 2.  Subdivision 6 of section 350 of the education law, as  added  by
chapter 363 of the laws of 1998, is amended to read as follows:
  6. "Clinic" shall mean a facility, LICENSED UNDER ARTICLE TWENTY-EIGHT
OF  THE PUBLIC HEALTH LAW AS A DIAGNOSTIC AND TREATMENT CENTER, WHICH IS
located either within or outside  of  a  state  university  health  care
facility  providing services related to the medical education mission of
the university, but shall not include state  university  student  health
services.
  S  3.  Subdivision 16 of section 355 of the education law, as added by
chapter 363 of the laws of 1998, is amended and a new subdivision 20  is
added to read as follows:
  16. Subject to laws and regulations applicable to the state university
as a health care provider the state university trustees may:
  a.  Notwithstanding  SUBDIVISION SIX OF THIS SECTION, SUBDIVISIONS TWO
AND THREE OF SECTION ONE HUNDRED TWELVE, section one hundred sixty-three
of the state finance law AND SECTION SIXTY-THREE OF THE  EXECUTIVE  LAW,
authorize  [contracts  for] a state university health care facility [for
participation] TO PARTICIPATE in managed care networks and  other  joint
and  cooperative  arrangements with public, non-profit or business enti-
ties [including entering into a maximum of twenty  network  arrangements
per  year,]  as  partners, JOINT VENTURERS, members of non-profit corpo-
rations and shareholders of business corporations, and FOR the provision
of management and administrative services by or for A  state  university
HEALTH  CARE  FACILITY.    Any  contract for the provision of management

S. 1044                             3

services shall be subject to any provision of the public health law  and
health  regulations  applicable to the state university as a health care
provider, including any review by the commissioner of health pursuant to
10 NYCRR section 405.3(f). In addition, the commissioner of health shall
provide  for  public  comment  within thirty days of a submission of any
management contract required to be reviewed pursuant to regulation.  The
trustees may also authorize contracts, including [capitation] RISK-SHAR-
ING  contracts,  for  a  state  university  health care facility for the
provision of general comprehensive and specialty health  care  services,
directly  or  through contract with other service providers or entities,
including state university  employees  or  entities  comprised  thereof.
Contracts authorized hereunder shall be:
  (1) consistent with trustee guidelines respecting all terms and condi-
tions  necessary  and  appropriate  for  managed care NETWORKS and other
[network,]  joint  or  cooperative  arrangements,  including  GUIDELINES
GOVERNING  THE  AWARDING  OF  SUCH CONTRACTS, guidelines for comparative
review where appropriate, AND GUIDELINES ESTABLISHING CONFLICT-OF-INTER-
EST POLICIES;
  (2) subject to laws and regulations applicable to the state university
as a health care provider, including with respect to rates  and  certif-
icates of need; and
  (3)  subject  to  article  fourteen  of  the civil service law and the
applicable provisions of  agreements  between  the  state  and  employee
organizations  pursuant  to  article  fourteen of the civil service law,
PROVIDED, FURTHER, THAT ANY CORPORATION OR OTHER ENTITY CREATED  FOR  OR
BY  THE  STATE  UNIVERSITY  OF  NEW  YORK AND/OR CONTROLLED BY THE STATE
UNIVERSITY OF NEW YORK SHALL BE DEFINED AS A CAMPUS FOUNDATION  FOR  THE
PURPOSE OF APPLICABLE PROVISIONS OF SUCH AGREEMENTS.
  b.  (1)  Notwithstanding  the provisions of PARAGRAPH A OF subdivision
[two] FIVE OF THIS SECTION, SUBDIVISIONS TWO AND THREE  of  section  one
hundred twelve of the state finance law relating to the dollar threshold
requiring the comptroller's approval of contracts [and], subdivision six
of section one hundred sixty-three of the state finance law, AND SECTION
SIXTY-THREE  OF  THE EXECUTIVE LAW, authorize contracts for the purchase
of goods and services for state university health care facilities  WITH-
OUT PRIOR APPROVAL BY ANY OTHER STATE OFFICER OR AGENCY:
  [(1)]  (A)  for  any contract which does not exceed [seventy-five] (I)
FIVE HUNDRED thousand dollars IN THE CASE OF SERVICE  CONTRACTS  LIMITED
TO  LEGAL,  OPERATION  REVIEW, PROGRAM REVIEW, STRATEGIC PLANNING, PLANT
AND ENGINEERING, ARCHITECTURAL AND TECHNOLOGY ASSESSMENT; AND  (II)  TWO
MILLION  FIVE  HUNDRED  THOUSAND  DOLLARS  IN THE CASE OF A CONTRACT FOR
GOODS; or
  [(2)] (B) for joint or group purchasing arrangements FOR  GOODS  which
do  not  exceed [seventy-five] TWO MILLION FIVE HUNDRED thousand dollars
[without prior approval by any other state, officer or agency in accord-
ance with procedures and requirements found in paragraph a  of  subdivi-
sion five of this section].
  [(3) contracts] (2) CONTRACTS authorized hereunder shall be subject to
article  fourteen of the civil service law and the applicable provisions
of agreements between the state and employee organizations  pursuant  to
article  fourteen  of the civil service law, PROVIDED, FURTHER, THAT ANY
CORPORATION OR OTHER ENTITY CREATED FOR OR BY THE  STATE  UNIVERSITY  OF
NEW  YORK AND/OR CONTROLLED BY THE STATE UNIVERSITY OF NEW YORK SHALL BE
DEFINED AS A CAMPUS FOUNDATION FOR THE PURPOSE OF APPLICABLE  PROVISIONS
OF  SUCH  AGREEMENTS,  AND  SHALL  BE CONSISTENT WITH TRUSTEE GUIDELINES

S. 1044                             4

GOVERNING THE AWARDING  OF  SUCH  CONTRACTS,  COMPARATIVE  REVIEW  WHERE
APPROPRIATE, AND CONFLICT-OF-INTEREST POLICIES.
  The trustees are authorized to negotiate annually with the state comp-
troller increases in the aforementioned dollar limits.
  NOTWITHSTANDING  ANY  INCONSISTENT PROVISIONS OF ARTICLE FOUR-C OF THE
ECONOMIC DEVELOPMENT LAW, PROCUREMENT  CONTRACTS  FOR  THE  PURCHASE  OF
GOODS  AND  SERVICES  AND FOR JOINT OR GROUP PURCHASING ARRANGEMENTS FOR
STATE UNIVERSITY HEALTH CARE FACILITIES IN AN AMOUNT NOT  EXCEEDING  THE
AMOUNTS  SET  FORTH  IN  CLAUSES (A) AND (B) OF SUBPARAGRAPH ONE OF THIS
PARAGRAPH, OR THE DOLLAR LIMIT  INCREASES  NEGOTIATED  ANNUALLY  BY  THE
TRUSTEES  AND  THE  STATE  COMPTROLLER,  SHALL  NOT  BE  SUBJECT  TO THE
PROVISIONS OF SUCH ARTICLE.
  NOTWITHSTANDING THE PROVISIONS OF SECTION ONE HUNDRED SIXTY-TWO OF THE
STATE FINANCE LAW, STATE UNIVERSITY HEALTH CARE FACILITIES SHALL NOT  BE
REQUIRED TO PURCHASE GOODS OR SERVICES FROM PREFERRED SOURCES.
  c.  [Authorize]  NOTWITHSTANDING  THE PROVISIONS OF SUBDIVISION SIX OF
THIS SECTION, SUBDIVISIONS TWO AND THREE OF SECTION ONE  HUNDRED  TWELVE
OF  THE STATE FINANCE LAW, SUBDIVISION SIX OF SECTION ONE HUNDRED SIXTY-
THREE OF THE STATE FINANCE LAW, AND SECTION SIXTY-THREE OF THE EXECUTIVE
LAW, AUTHORIZE contracts for the acquisition BY STATE UNIVERSITY  HEALTH
CARE  FACILITIES  OF FACILITIES SUITABLE FOR THE DELIVERY OF HEALTH CARE
SERVICES, by purchase, lease,  sublease,  transfer  of  jurisdiction  or
otherwise[,  of  facilities  suitable  for  the  delivery of health care
services] and for  the  construction,  repair,  maintenance,  equipping,
rehabilitation  or improvement thereof.  SUCH FACILITIES MAY BE ACQUIRED
IN WHOLE OR IN PART BY STATE UNIVERSITY HEALTH CARE  FACILITIES,  EITHER
DIRECTLY  OR  THROUGH  OWNERSHIP  IN  A JOINT OR COOPERATIVE ARRANGEMENT
AUTHORIZED BY PARAGRAPH A OF THIS SUBDIVISION. Such contracts FOR FACIL-
ITIES shall be [subject to approval by the attorney general as  to  form
and  by  the  director of the budget and the state comptroller] EXECUTED
UTILIZING STANDARD FORMS APPROVED IN ADVANCE BY  THE  ATTORNEY  GENERAL,
AND  SHALL  BE SUBJECT TO APPROVAL BY THE DIRECTOR OF THE BUDGET AND THE
STATE COMPTROLLER WHEN THE AMOUNTS OF SUCH CONTRACTS EXCEED  THE  DOLLAR
THRESHOLDS  SET  FORTH IN OR ESTABLISHED PURSUANT TO PARAGRAPH B OF THIS
SUBDIVISION, AND SHALL BE CONSISTENT WITH TRUSTEE  GUIDELINES  GOVERNING
THE  AWARDING  OF SUCH CONTRACTS, INCLUDING GUIDELINES REQUIRING COMPAR-
ATIVE REVIEW WHERE APPROPRIATE AND  ESTABLISHING  CONFLICT  OF  INTEREST
POLICIES.    Contracts  under  this  paragraph  shall be funded from any
moneys lawfully available for  the  expenses  of  the  STATE  UNIVERSITY
health care facilities.
  D.  CONTRACTS  UNDER  THIS SUBDIVISION, INCLUDING LEASES, SHALL NOT BE
SUBJECT TO THE DOLLAR THRESHOLD OR PUBLIC NOTICE AND COMPETITIVE BIDDING
PROVISIONS OF SUBDIVISION FOUR OF SECTION SEVENTY-THREE  OF  THE  PUBLIC
OFFICERS LAW, OR TO THE PROVISIONS OF SECTION SEVENTY-FOUR OF SUCH LAW.
  E.  AT  LEAST  TWO  WEEKS  PRIOR TO THE EXECUTION OF A CONTRACT OR THE
ISSUANCE OF A REQUEST FOR PROPOSALS FOR THE AWARD OF A CONTRACT, AS  THE
CASE  MAY  BE, PURSUANT TO ITEM (I) OF CLAUSE (A) OF SUBPARAGRAPH ONE OF
PARAGRAPH B OF THIS SUBDIVISION, OR OF A CONTRACT FOR SERVICES  PURSUANT
TO  ITEM  (I)  OF  CLAUSE (A) OF SUBPARAGRAPH ONE OF PARAGRAPH B OF THIS
SUBDIVISION, THE CHIEF EXECUTIVE OFFICER OF A HEALTH CARE FACILITY SHALL
PROVIDE TO ANY EMPLOYEE ORGANIZATION THAT REPRESENTS HEALTH CARE FACILI-
TIES  EMPLOYEES  NOTICE  OF  THE  PROPOSED  CONTRACT,  TOGETHER  WITH  A
DESCRIPTION  OF  THE  NATURE  AND  TERMS  AND CONDITIONS OF THE PROPOSED
CONTRACT, AND ITS ANTICIPATED IMPACT, IF ANY, ON  EMPLOYEES  REPRESENTED
BY  SUCH EMPLOYEE ORGANIZATION. NOTICE PURSUANT TO THIS SUBDIVISION MAY,
WHERE APPROPRIATE, BE CONDITIONED UPON EXECUTION  OF  A  CONFIDENTIALITY

S. 1044                             5

AGREEMENT  BY THE EMPLOYEE ORGANIZATION. UPON WRITTEN CERTIFICATION FROM
THE EMPLOYEE ORGANIZATION TO THE CHIEF EXECUTIVE OF A HEALTH CARE FACIL-
ITY THAT THE PROPOSED CONTRACT MAY TRIGGER THE PROVISIONS OF SECTION TEN
OF  CHAPTER  THREE  HUNDRED  SIXTY-THREE OF THE LAWS OF NINETEEN HUNDRED
NINETY-EIGHT, OR OF A COLLECTIVE BARGAINING AGREEMENT REFERENCED  THERE-
UNDER,  EXECUTION  OF  THE  CONTRACT,  OR  ISSUANCE  OF  A  REQUEST  FOR
PROPOSALS, SHALL BE DEFERRED FOR A PERIOD OF  TWO  ADDITIONAL  WEEKS  IN
ORDER  TO  ALLOW THE EMPLOYEE ORGANIZATION TO INVOKE ANY RIGHTS OR REME-
DIES IT MAY HAVE PURSUANT  TO  SECTION  TEN  OF  CHAPTER  THREE  HUNDRED
SIXTY-THREE OF THE LAWS OF NINETEEN HUNDRED NINETY-EIGHT, OR PURSUANT TO
A  COLLECTIVE BARGAINING AGREEMENT REFERENCED THEREUNDER. THE PROVISIONS
OF THIS PARAGRAPH SHALL BE SUBJECT TO  ARTICLE  FOURTEEN  OF  THE  CIVIL
SERVICE  LAW  AND THE APPLICABLE PROVISIONS OF ANY AGREEMENT BETWEEN THE
STATE AND ANY EMPLOYEE ORGANIZATION PURSUANT TO ARTICLE FOURTEEN OF  THE
CIVIL SERVICE LAW.
  20. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF SECTION EIGHT OF THE
COURT  OF  CLAIMS  ACT,  SUBDIVISION  TEN  OF  THIS SECTION OR ANY OTHER
PROVISION OF LAW, A STATE UNIVERSITY HEALTH CARE FACILITY MAY INCLUDE IN
A CONTRACT AUTHORIZED BY PARAGRAPH A  OF  SUBDIVISION  SIXTEEN  OF  THIS
SECTION,  OTHER  THAN  A CONTRACT WITH STATE EMPLOYEES RELATING TO TERMS
AND CONDITIONS OF  THEIR  EMPLOYMENT,  A  PROVISION  THAT  SOME  OR  ALL
DISPUTES  ARISING UNDER OR RELATED TO SUCH CONTRACT SHALL BE RESOLVED BY
BINDING ARBITRATION IN ACCORDANCE WITH THE RULES OF A  NATIONALLY-RECOG-
NIZED ARBITRATION ASSOCIATION.
  S 4. Section 8 of chapter 363 of the laws of 1998, amending the educa-
tion  law  relating to state university health care services and facili-
ties, is amended to read as follows:
  S 8. 1. Nothing contained in the public officers law or in  any  other
law,  rule or regulation, shall be construed or applied to: (A) prohibit
state university officers and employees from [(i)]  engaging  in  activ-
ities  for  which  no  compensation  is  paid  as designees of the state
university of New York in managed care networks or other joint and coop-
erative programs and arrangements including serving as designees of  the
state  university  as  directors  on boards or other governing bodies of
corporations or other entities which may be under  contract  with  state
university  pursuant  to  subdivision 16 of section 355 of the education
law; or [(ii)] (B) PROHIBIT  STATE  UNIVERSITY  OFFICERS  AND  EMPLOYEES
FROM, OR PRESCRIBE THE REQUIREMENTS FOR, entering into contracts INCLUD-
ING,  BUT  NOT LIMITED TO, LEASES, agreements or other arrangements with
state university directly, or through professional corporations or other
entities organized or operated by such officers and  employees  for  the
delivery  of  health  care  services  for compensation in furtherance of
subdivision 16 of section 355 of the education law;  provided,  however,
that any such contracts, agreements or other arrangements, including any
compensation to such officers and employees, shall be subject to article
14  of the civil service law and the applicable provisions of any agree-
ment between the state and any employee organization pursuant to article
14 of the civil service law, PROVIDED, FURTHER, THAT ANY CORPORATION  OR
OTHER  ENTITY  CREATED FOR OR BY THE STATE UNIVERSITY OF NEW YORK AND/OR
CONTROLLED BY THE STATE UNIVERSITY OF NEW YORK SHALL  BE  DEFINED  AS  A
CAMPUS  FOUNDATION  FOR  THE  PURPOSE  OF  APPLICABLE PROVISIONS OF SUCH
AGREEMENTS and policies and guidelines of the state university board  of
trustees  and provided, further, that such state university officers and
employees shall continue to be  subject  to  all  appropriate  financial
disclosure  and reporting requirements as defined in section 73-a of the
public officers law.

S. 1044                             6

  2. NOTHING IN PARAGRAPH B OR C OF SUBDIVISION 3 OF SECTION 74  OF  THE
PUBLIC OFFICERS LAW SHALL PROHIBIT STATE UNIVERSITY OFFICERS AND EMPLOY-
EES  WHO  SERVE  AS DESIGNEES OF THE STATE UNIVERSITY ON BOARDS OR OTHER
GOVERNING BODIES OF CORPORATIONS OR OTHER ENTITIES WHICH  MAY  BE  UNDER
CONTRACT  WITH THE STATE UNIVERSITY OR OF WHICH THE STATE UNIVERSITY MAY
BE A MEMBER, PARTNER, JOINT VENTURER OR SHAREHOLDER PURSUANT TO SUBDIVI-
SION 16 OF SECTION 355 OF THE EDUCATION LAW FROM DISCLOSING CONFIDENTIAL
INFORMATION GAINED IN THE COURSE OF THEIR DUTIES INSOFAR AS SUCH  INFOR-
MATION  RELATES  DIRECTLY  TO  THE  STATE  UNIVERSITY'S PARTICIPATION IN
CONTRACTS OR IN NETWORKS AND OTHER JOINT  AND  COOPERATIVE  ARRANGEMENTS
AUTHORIZED BY SUCH SUBDIVISION.
  3. NOTWITHSTANDING ANY PROVISIONS TO THE CONTRARY IN SECTIONS 353, 354
AND  355  OF  THE EDUCATION LAW, OR THE PROVISIONS OF ANY OTHER LAW, THE
STATE UNIVERSITY TRUSTEES MAY DELEGATE TO THE PRESIDENTS OF  THE  HEALTH
SCIENCES  CENTERS  AT  BUFFALO AND STONY BROOK, TO THE PRESIDENTS OF THE
HEALTH SCIENCES CENTERS AT BROOKLYN AND SYRACUSE, AND TO  THE  PRESIDENT
OF  THE  COLLEGE  OF OPTOMETRY, OR TO THE CHIEF EXECUTIVE OFFICER OF THE
STATE UNIVERSITY HEALTH CARE FACILITIES AT EACH SUCH  LOCALE,  AUTHORITY
TO  APPOINT  AS DIRECTORS ON A BOARD OF A CORPORATION OR AS MEMBERS OF A
GOVERNING BODY OF ANOTHER ENTITY WHICH GOVERNS A NETWORK OR OTHER  JOINT
OR  COOPERATIVE  ARRANGEMENT  AUTHORIZED UNDER SUBDIVISION 16 OF SECTION
355 OF THE EDUCATION LAW INDIVIDUALS WHO WILL SERVE AS DESIGNEES OF SUCH
STATE UNIVERSITY HEALTH CARE FACILITY. SUCH DESIGNEES SHALL NOT  INCLUDE
ANY ELECTED OFFICIALS OR TRUSTEES OF THE STATE UNIVERSITY.
  S  5. Confidential information gained by state university officers and
employees while serving as designees of the state university  on  boards
or other governing bodies of corporations or other entities which may be
under contract with the state university or of which the state universi-
ty  may  be a member, partner, joint venturer or shareholder pursuant to
subdivision 16 of section 355 of the education law shall not be  consid-
ered  a "record" as defined in subdivision 4 of section 86 of the public
officers law.
  S 6. Severability clause. If any  clause, sentence, paragraph,  subdi-
vision,  section  or  part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment  shall  not  affect,
impair,  or  invalidate  the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph,  subdivision,  section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the  legislature  that  this  act  would  have been enacted even if such
invalid provisions had not been included therein.
  S 7. This act shall take effect immediately and shall  expire  and  be
deemed  repealed April 1, 2012, provided that any contracts entered into
prior to the expiration and repeal of this act shall  continue  in  full
force  and  effect  and continue to be subject to the provisions of this
act.

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Senate Bill S1044

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Sponsored By

Kenneth P. LaValle