NY State Senate Bill 2013-S7307

Senate Bill S7307

2013-2014 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 09, 2014	referred to corporations, authorities and commissions

2013-S7307 (ACTIVE) - Details

Current Committee:: Senate Corporations, Authorities And Commissions
Law Section:: Not-for-Profit Corporation Law
Laws Affected:: Add §116, N-PC L
Versions Introduced in 2015-2016 Legislative Session:: S5213

2013-S7307 (ACTIVE) - Summary

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

2013-S7307 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S7307

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 BILL:

This bill would promote public access to records of certain
not-for-profit corporations.

SUMMARY OF SPECIFIC PROVISIONS:

This bill would add a new section 116 to the not-for-profit
corporation law to provide that certain 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, which 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, shall be subject to the provisions
of articles six and seven of the public officers law (the Freedom of
Information Law).

This bill would further provide an exclusion for patient records as
well as a provision that in the event that the New York State Police
deem such documents sought to be secure documents requiring their

non-disclosure to the public, then such documents shall be exempt from
the provisions of this section.

JUSTIFICATION:

This bill would require that certain not-for-profit corporations that
receive large amounts of funding from the government be subject to the
same provisions under law that other state agencies must comply with.
It is an ever more common occurrence for state and local governmental
operations to subcontract their work with not-for-profit entities.
When such not-for-profit entities are actually doing governmental
functions, 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 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:

New bill.

FISCAL IMPLICATIONS:

None noted.

EFFECTIVE DATE:

This act would take effect on the thirtieth day after it shall have
become a law.

2013-S7307 (ACTIVE) - Bill Text download pdf

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

                                  7307

                            I N  S E N A T E

                               May 9, 2014
                               ___________

Introduced  by  Sen.  SAVINO -- 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:
S 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  DEVELOP-
MENTAL 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.
  S 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.
                                                           LBD15084-01-4

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