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

                                  5379

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 20, 2015
                               ___________

Introduced  by  M.  of A. GLICK, COOK, CRESPO, GOTTFRIED, CAHILL, AUBRY,
  LUPARDO, JAFFEE -- Multi-Sponsored by --  M.  of  A.  BORELLI,  CLARK,
  DUPREY,  MONTESANO,  THIELE -- 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 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.
  S  2.  Subdivision  2  of  section  87  of the public officers law, is
amended by adding two new paragraphs (o) and (p) to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00957-01-5

              

A. 5379                             2

  (O) 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;
  (P) 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 THAT:   (I)
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  TRUSTEES'  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:
  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  TRUSTEES'
GUIDELINES  SHALL  REQUIRE SUCH FOUNDATION POLICIES TO PROVIDE THAT: (I)

A. 5379                             3

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 TRUSTEES'
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.

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

                                 5379--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 20, 2015
                               ___________

Introduced  by  M.  of A. GLICK, COOK, CRESPO, GOTTFRIED, CAHILL, AUBRY,
  LUPARDO, JAFFEE, LUPINACCI -- Multi-Sponsored by -- M. of A.  BORELLI,
  CLARK,  DUPREY,  MONTESANO,  THIELE  --  read once and referred to the
  Committee on Governmental Operations  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the education law, in relation to reporting requirements
  of the state university of New York and city university of New York

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

  Section 1. Section 359 of the education law is amended by adding a new
subdivision 6 to read as follows:
  6.  THE TRUSTEES OF THE STATE UNIVERSITY OF NEW YORK SHALL REQUIRE, ON
OR BEFORE NOVEMBER FIRST OF EACH YEAR, AN ANNUAL REPORT OF THE  RESEARCH
FOUNDATION  OF THE STATE UNIVERSITY OF NEW YORK, AND AN ANNUAL REPORT OF
STATE-OPERATED INSTITUTIONS' AND COMMUNITY COLLEGES' CAMPUS  FOUNDATIONS
AND  THEIR SUBSIDIARIES, IN A STANDARDIZED FORMAT DEVELOPED BY THE CHAN-
CELLOR. THE ANNUAL REPORTS REQUIRED BY THIS SUBDIVISION SHALL BE  POSTED
PUBLICLY ON THE WEBSITE OF THE STATE UNIVERSITY OF NEW YORK IN A MACHINE
READABLE  FORMAT  BY  NOVEMBER  FIRST  OF  EACH  YEAR. THE REPORTS SHALL
INCLUDE, BUT NOT BE LIMITED TO:
  A. FINANCIAL REPORTS, INCLUDING: AUDITED FINANCIALS IN ACCORDANCE WITH
ALL APPLICABLE REGULATIONS AND FOLLOWING GENERALLY  ACCEPTED  ACCOUNTING
PRINCIPLES  AS  DEFINED  IN  SUBDIVISION TEN OF SECTION TWO OF THE STATE
FINANCE LAW, AND ANY LONG-TERM LIABILITIES;
  B. THE TOTAL NUMBER, AMOUNT, AND IDENTIFYING VENDOR INFORMATION OF ALL
CONTRACTS FOR SERVICES; AND
  C. THE TOTAL AMOUNT OF EMPLOYEES BY DEPARTMENT AND  JOB  LOCATION  AND
AMOUNT  SPENT  ON  PERSONNEL  BY DEPARTMENT AND JOB LOCATION WHICH SHALL
INCLUDE ANNUAL EMPLOYEE SALARIES, EMPLOYEE JOB TITLES  AND  DESCRIPTIONS
AND EMPLOYEE BENEFITS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00957-02-5
              

A. 5379--A                          2

  S  2.  Section  6233  of  the education law is amended by adding a new
subdivision 4 to read as follows:
  4.  THE  TRUSTEES OF THE CITY UNIVERSITY OF NEW YORK SHALL REQUIRE, ON
OR BEFORE NOVEMBER FIRST OF EACH YEAR, AN ANNUAL REPORT OF THE  RESEARCH
FOUNDATION  OF  THE CITY UNIVERSITY OF NEW YORK, AND AN ANNUAL REPORT OF
SENIOR COLLEGES' AND COMMUNITY COLLEGES' CAMPUS  FOUNDATIONS  AND  THEIR
SUBSIDIARIES,  IN A STANDARDIZED FORMAT DEVELOPED BY THE CHANCELLOR. THE
ANNUAL REPORTS REQUIRED BY THIS SUBDIVISION SHALL BE POSTED PUBLICLY  ON
THE  WEBSITE  OF  THE  CITY UNIVERSITY OF NEW YORK IN A MACHINE READABLE
FORMAT, BY NOVEMBER FIRST OF EACH YEAR. THE REPORTS SHALL  INCLUDE,  BUT
NOT BE LIMITED TO:
  A. FINANCIAL REPORTS, INCLUDING: AUDITED FINANCIALS IN ACCORDANCE WITH
ALL  APPLICABLE  REGULATIONS AND FOLLOWING GENERALLY ACCEPTED ACCOUNTING
PRINCIPLES AS DEFINED IN SUBDIVISION TEN OF SECTION  TWO  OF  THE  STATE
FINANCE LAW, AND ANY LONG-TERM LIABILITIES;
  B. THE TOTAL NUMBER, AMOUNT, AND IDENTIFYING VENDOR INFORMATION OF ALL
CONTRACTS FOR SERVICES; AND
  C.  THE  TOTAL  AMOUNT OF EMPLOYEES BY DEPARTMENT AND JOB LOCATION AND
AMOUNT SPENT ON PERSONNEL BY DEPARTMENT AND  JOB  LOCATION  WHICH  SHALL
INCLUDE  ANNUAL  EMPLOYEE SALARIES, EMPLOYEE JOB TITLES AND DESCRIPTIONS
AND EMPLOYEE BENEFITS.
  S 3. The reports required in sections one and two of this act may  not
disclose  the  following  information that: (a) is specifically exempted
from disclosure by state or federal  statute;  (b)  if  disclosed  would
constitute  an  unwarranted  invasion  of  personal  privacy  under  the
provisions of subdivision 2 of section 89 of the  public  officers  law;
(c)  if  disclosed  would  impair present or imminent contract awards or
collective bargaining negotiations; (d) are trade secrets or are submit-
ted to an entity by a commercial enterprise or derived from  information
obtained from a commercial enterprise and which if disclosed would cause
substantial  injury  to  the  competitive position of the subject enter-
prise; (e) are records of an entity relating  to  charitable  donors  or
prospective donors, including but not limited to the fund-raising strat-
egies  of  agencies  identified  in  paragraph  (b)  of subdivision 3 of
section 86 of the public officers law, provided that records relating to
fund-raising strategies would, if disclosed, impair the ability of those
entities 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
business, with the entity to which the donation  is  made  within  three
years  of  the date of such donation; and (f) are academic or scientific
research or research-related records, including any  draft,  preliminary
or  unfunded grant or contract document, whether sponsored by the entity
itself or in conjunction with a third party, or records relating to  the
entity's  intellectual  property,  which,  if disclosed, would adversely
affect license, patent, copyright or other rights of  the  entity.  This
section shall not permit an entity to withhold records or portions ther-
eof  pertaining  to  the  name,  title, expenditure, source or amount of
public funding relating to such research or intellectual property.
  S 4.  Nothing  in  this  act  shall  be  construed  to  supersede  the
provisions of chapter 10 of the laws of 2006.
  S 5. This act shall take effect January 1, 2016.