S T A T E O F N E W Y O R K
________________________________________________________________________
2224--B
2013-2014 Regular Sessions
I N S E N A T E
January 14, 2013
___________
Introduced by Sens. LAVALLE, ADDABBO, AVELLA, HASSELL-THOMPSON, MONTGOM-
ERY, RITCHIE, SAVINO, STAVISKY -- read twice and ordered printed, and
when printed to be committed to the Committee on Investigations and
Government Operations -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- 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 commit-
tee
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06216-03-4
S. 2224--B 2
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 (n) and (o) to read as follows:
(N) 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;
(O) 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: (I) THAT
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 TRUSTEE'S 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:
S. 2224--B 3
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 TRUSTEE'S
GUIDELINES SHALL REQUIRE SUCH FOUNDATION POLICIES TO PROVIDE: (I) THAT
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 TRUSTEE'S
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.
