S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9617
 
                           I N  A S S E M B L Y
 
                              March 28, 2022
                                ___________
 
 Introduced  by M. of A. GLICK -- read once and referred to the Committee
   on Higher Education
 
 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 5 to read as follows:
   5.  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. A LIST OF ALL CONTRACTS, INCLUDING AMOUNT, PURPOSE AND  IDENTIFYING
 VENDOR INFORMATION OF EACH CONTRACT; AND
   C.  A LIST OF ALL FOUNDATION AND STATE UNIVERSITY EMPLOYEES BY CAMPUS,
 DEPARTMENT AND JOB LOCATION, AND THE AMOUNT SPENT BY CAMPUS,  DEPARTMENT
 AND  JOB  LOCATION WHICH SHALL INCLUDE ANNUAL EMPLOYEE SALARIES OR OTHER
 COMPENSATION, EMPLOYEE JOB TITLES AND DESCRIPTIONS  AND  EMPLOYEE  BENE-
 FITS.
   §  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07643-01-1
 A. 9617                             2
 
 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. A LIST OF ALL CONTRACTS, INCLUDING AMOUNT, PURPOSE AND  IDENTIFYING
 VENDOR INFORMATION OF EACH CONTRACT; AND
   C.  A LIST OF ALL FOUNDATION AND STATE UNIVERSITY EMPLOYEES BY CAMPUS,
 DEPARTMENT AND JOB LOCATION, AND THE AMOUNT SPENT BY CAMPUS,  DEPARTMENT
 AND  JOB  LOCATION WHICH SHALL INCLUDE ANNUAL EMPLOYEE SALARIES OR OTHER
 COMPENSATION, EMPLOYEE JOB TITLES AND DESCRIPTIONS  AND  EMPLOYEE  BENE-
 FITS.
   §  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 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 busi-
 ness, 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.
   § 4.  Nothing  in  this  act  shall  be  construed  to  supersede  the
 provisions of chapter 10 of the laws of 2006.
   § 5. This act shall take effect January 1, 2022.