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

                                  7554

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              May 23, 2013
                               ___________

Introduced  by  M.  of A. GLICK, LIFTON, COOK, ROBERTS, MILLMAN, CRESPO,
  MAYER, GOTTFRIED -- Multi-Sponsored by -- M. of  A.  BORELLI,  DUPREY,
  GABRYSZAK, GIBSON, RA, THIELE, WEISENBERG -- read once and referred to
  the Committee on Governmental Operations

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 campuses

  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, FOUNDATIONS AND AUXILIA-
RY  SERVICE CORPORATIONS ASSOCIATED WITH ANY PUBLIC COLLEGE OR UNIVERSI-
TY, 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 COLLEGES AT ALFRED AND CORNELL OR ANY ALUMNI ASSOCIATION OR
CLINICAL PRACTICE PLAN ASSOCIATED WITH A PUBLIC COLLEGE OR UNIVERSITY.
  S 2. Paragraph (l) of subdivision 2 of section 87 of the public  offi-
cers law, as added by section 12 of part II of chapter 59 of the laws of
2010, is amended and two new paragraphs (m) and (n) are added to read as
follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10940-01-3

              

A. 7554                             2

  (l)  are  photographs,  microphotographs,  videotape or other recorded
images produced by a bus lane photo device prepared under  authority  of
section eleven hundred eleven-c of the vehicle and traffic law[.];
  (M) 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;
  (N)  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. This act shall take effect immediately; provided,  however,  that
the  amendments  to  paragraph (l) of subdivision 2 of section 87 of the
public officers law made by section two of this act shall not affect the
repeal of such paragraph and shall expire and be deemed repealed  there-

A. 7554                             3

with;  provided  further 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.

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

                                 7554--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              May 23, 2013
                               ___________

Introduced  by  M.  of A. GLICK, LIFTON, COOK, ROBERTS, MILLMAN, CRESPO,
  MAYER, GOTTFRIED, CAHILL, AUBRY, JACOBS -- Multi-Sponsored by -- M. of
  A.  BORELLI, CLARK, DUPREY, GABRYSZAK, GIBSON, MOYA, RA, RIVERA, SWEE-
  NEY, THIELE, WEISENBERG -- read once and referred to the Committee  on
  Governmental Operations -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

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
COLLEGES  AT  ALFRED  AND  CORNELL OR ANY ALUMNI ASSOCIATION OR CLINICAL
PRACTICE PLAN ASSOCIATED WITH A PUBLIC COLLEGE OR UNIVERSITY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10940-02-3

              

A. 7554--A                          2

  S 2. Paragraph (l) of subdivision 2 of section 87 of the public  offi-
cers law, as added by section 12 of part II of chapter 59 of the laws of
2010, is amended and two new paragraphs (m) and (n) are added to read as
follows:
  (l)  are  photographs,  microphotographs,  videotape or other recorded
images produced by a bus lane photo device prepared under  authority  of
section eleven hundred eleven-c of the vehicle and traffic law[.];
  (M) 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;
  (N)  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.

A. 7554--A                          3

  S 4.  Section 6204 of the education law is amended  by  adding  a  new
subdivision 4 to read as follows:
  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 paragraph (l) of subdivision 2 of section  87  of  the
public officers law made by section two of this act shall not affect the
repeal  of such paragraph and shall expire and be deemed repealed there-
with; provided further 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.