S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6863
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 11, 2023
                                ___________
 
 Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
   printed to be committed 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03327-01-3
 S. 6863                             2
              

 
   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.  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, 2024.