Bill Text: NY A07554 | 2013-2014 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Expands the definition of the term "agency" for certain purposes; adds provisions relating to foundations of state-operated campuses and city-operated campuses.

Spectrum: Moderate Partisan Bill (Democrat 24-5)

Status: (Introduced - Dead) 2014-06-09 - reported referred to codes [A07554 Detail]

Download: New_York-2013-A07554-Amended.html

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                           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:
    1    Section 1. Subdivision 3 of section 86 of the public officers law,  as
    2  added by chapter 933 of the laws of 1977, is amended to read as follows:
    3    3.  (A)  "Agency"  means  any  state  or  municipal department, board,
    4  bureau, division, commission, committee, public authority, public corpo-
    5  ration, council,  office  or  other  governmental  entity  performing  a
    6  governmental  or  proprietary  function for the state or any one or more
    7  municipalities thereof, except the judiciary or the state legislature.
    8    (B) FOR PURPOSES OF THIS ARTICLE, "AGENCY" SHALL INCLUDE THE  RESEARCH
    9  FOUNDATION  OF THE STATE UNIVERSITY OF NEW YORK, THE RESEARCH FOUNDATION
   10  OF THE CITY UNIVERSITY OF NEW YORK, FOUNDATIONS  AND  AUXILIARY  SERVICE
   11  CORPORATIONS  ASSOCIATED WITH ANY PUBLIC COLLEGE OR UNIVERSITY, AND NOT-
   12  FOR-PROFIT CORPORATIONS AND LIMITED LIABILITY  CORPORATIONS  CREATED  OR
   13  CONTROLLED  BY  ANY  PUBLIC  COLLEGE OR UNIVERSITY, AND THE CORPORATIONS
   14  IDENTIFIED IN PARAGRAPH (D) OF SUBDIVISION FIVE OF SECTION FIFTY-THREE-A
   15  OF THE STATE FINANCE LAW, PROVIDED, HOWEVER, THAT THE PROVISIONS OF THIS
   16  SUBDIVISION SHALL NOT APPLY  TO  THE  STATUTORY  COLLEGES  AND  CONTRACT
   17  COLLEGES  AT  ALFRED  AND  CORNELL OR ANY ALUMNI ASSOCIATION OR CLINICAL
   18  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
    1    S 2. Paragraph (l) of subdivision 2 of section 87 of the public  offi-
    2  cers law, as added by section 12 of part II of chapter 59 of the laws of
    3  2010, is amended and two new paragraphs (m) and (n) are added to read as
    4  follows:
    5    (l)  are  photographs,  microphotographs,  videotape or other recorded
    6  images produced by a bus lane photo device prepared under  authority  of
    7  section eleven hundred eleven-c of the vehicle and traffic law[.];
    8    (M) ARE RECORDS OF AN AGENCY RELATING TO CHARITABLE DONORS OR PROSPEC-
    9  TIVE DONORS, INCLUDING BUT NOT LIMITED TO THE FUND-RAISING STRATEGIES OF
   10  AGENCIES  IDENTIFIED  IN  PARAGRAPH  (B) OF SUBDIVISION THREE OF SECTION
   11  EIGHTY-SIX OF THIS ARTICLE, PROVIDED THAT RECORDS RELATING TO FUND-RAIS-
   12  ING STRATEGIES WOULD, IF DISCLOSED, IMPAIR THE ABILITY OF THOSE AGENCIES
   13  TO ATTRACT OR GAIN DONATIONS, AND PROVIDED FURTHER THAT THE NAME OF  ANY
   14  DONOR  AND THE AMOUNT OF DONATION MADE BY SUCH DONOR SHALL BE SUBJECT TO
   15  DISCLOSURE IF SUCH DONOR, OR ANY  ENTITY  IN  WHICH  SUCH  DONOR  HAS  A
   16  SUBSTANTIAL INTEREST, SEEKS TO TRANSACT BUSINESS, OR DOES TRANSACT BUSI-
   17  NESS,  WITH  THE AGENCY TO WHICH THE DONATION IS MADE WITHIN THREE YEARS
   18  OF THE DATE OF SUCH DONATION. NOTHING IN THIS SECTION SHALL EXEMPT  FROM
   19  DISCLOSURE THE AMOUNT OR VALUE OF AN INDIVIDUAL GIFT, GRANT, DONATION OR
   20  PLEDGE;
   21    (N)  ARE  ACADEMIC OR SCIENTIFIC RESEARCH OR RESEARCH-RELATED RECORDS,
   22  INCLUDING ANY DRAFT, PRELIMINARY OR UNFUNDED GRANT OR CONTRACT DOCUMENT,
   23  WHETHER SPONSORED BY THE AGENCY ITSELF OR IN CONJUNCTION  WITH  A  THIRD
   24  PARTY, OR RECORDS RELATING TO THE AGENCY'S INTELLECTUAL PROPERTY, WHICH,
   25  IF DISCLOSED, WOULD ADVERSELY AFFECT LICENSE, PATENT, COPYRIGHT OR OTHER
   26  RIGHTS OF THE AGENCY. THIS PARAGRAPH SHALL NOT PERMIT AN AGENCY TO WITH-
   27  HOLD RECORDS OR PORTIONS THEREOF PERTAINING TO THE NAME, TITLE, EXPENDI-
   28  TURE,  SOURCE  OR  AMOUNT OF PUBLIC FUNDING RELATING TO SUCH RESEARCH OR
   29  INTELLECTUAL PROPERTY.
   30    S 3. The opening paragraph of subdivision 6  of  section  355  of  the
   31  education law is designated paragraph (a) and two new paragraphs (b) and
   32  (c) are added to read as follows:
   33    (B)  THE  STATE UNIVERSITY TRUSTEES SHALL ADOPT GUIDELINES FOR FOUNDA-
   34  TIONS OF STATE-OPERATED CAMPUSES THAT REQUIRE EACH FOUNDATION TO ADOPT A
   35  CONFLICT OF INTEREST POLICY APPLICABLE TO SUCH FOUNDATION AND ITS AFFIL-
   36  IATED CORPORATIONS. AMONG OTHER ITEMS, THE  STATE  UNIVERSITY  TRUSTEES'
   37  GUIDELINES  SHALL REQUIRE SUCH FOUNDATION POLICIES TO PROVIDE:  (I) THAT
   38  SERVICE AS A BOARD MEMBER OR OFFICER THEREOF SHALL  NOT  BE  USED  AS  A
   39  MEANS  FOR  PRIVATE BENEFIT OR INUREMENT FOR THE BOARD MEMBER OR OFFICER
   40  OR RELATIVE THEREOF, OR ANY ENTITY IN WHICH THE BOARD MEMBER OR OFFICER,
   41  OR RELATIVE THEREOF, HAS A BUSINESS INTEREST; (II) NO  BOARD  MEMBER  OR
   42  OFFICER  WHO  IS  A VENDOR OF GOODS OR SERVICES TO THE FOUNDATION OR ITS
   43  AFFILIATED CORPORATION, OR HAS A BUSINESS INTEREST IN  SUCH  VENDOR,  OR
   44  WHOSE RELATIVE HAS A BUSINESS INTEREST IN SUCH VENDOR, SHALL VOTE ON, OR
   45  PARTICIPATE  IN THE FOUNDATION'S ADMINISTRATION OF, AND TRANSACTION WITH
   46  SUCH VENDOR; AND (III) A BOARD MEMBER OR OFFICER SHALL ADVISE THE  CHAIR
   47  OF  THE  FOUNDATION OR ITS AFFILIATED CORPORATION OF HIS, HER OR A RELA-
   48  TIVE'S BUSINESS INTEREST IN ANY SUCH EXISTING OR  PROPOSED  VENDOR  WITH
   49  THE  FOUNDATION  OR ITS AFFILIATE. THE STATE UNIVERSITY TRUSTEE'S GUIDE-
   50  LINES SHALL DEFINE THE NATURE OF A BUSINESS INTEREST AND  THE  CLOSENESS
   51  OF  A PERSONAL RELATION THAT BRING A RELATIONSHIP WITHIN THE PURPOSES OF
   52  THIS SECTION.
   53    (C) THE STATE UNIVERSITY TRUSTEES SHALL REPORT TO  THE  GOVERNOR,  THE
   54  SPEAKER OF THE ASSEMBLY AND THE TEMPORARY PRESIDENT OF THE SENATE ON THE
   55  STATUS  OF  THE  IMPLEMENTATION  OF PARAGRAPH (A) OF THIS SUBDIVISION NO
   56  LATER THAN NINETY DAYS AFTER THIS PARAGRAPH SHALL HAVE TAKEN EFFECT.
       A. 7554--A                          3
    1    S 4.  Section 6204 of the education law is amended  by  adding  a  new
    2  subdivision 4 to read as follows:
    3    4. (A) THE BOARD OF TRUSTEES SHALL ADOPT GUIDELINES FOR FOUNDATIONS OF
    4  CITY  UNIVERSITY-OPERATED CAMPUSES THAT REQUIRE EACH FOUNDATION TO ADOPT
    5  A CONFLICT OF INTEREST POLICY APPLICABLE  TO  SUCH  FOUNDATION  AND  ITS
    6  AFFILIATED  CORPORATIONS.  AMONG  OTHER  ITEMS,  THE  BOARD OF TRUSTEE'S
    7  GUIDELINES SHALL REQUIRE SUCH FOUNDATION POLICIES TO PROVIDE:  (I)  THAT
    8  SERVICE  AS  A  BOARD  MEMBER  OR OFFICER THEREOF SHALL NOT BE USED AS A
    9  MEANS FOR PRIVATE BENEFIT OR INUREMENT FOR THE BOARD MEMBER  OR  OFFICER
   10  OR RELATIVE THEREOF, OR ANY ENTITY IN WHICH THE BOARD MEMBER OR OFFICER,
   11  OR  RELATIVE  THEREOF,  HAS A BUSINESS INTEREST; (II) NO BOARD MEMBER OR
   12  OFFICER WHO IS A VENDOR OF GOODS OR SERVICES TO THE  FOUNDATION  OR  ITS
   13  AFFILIATED  CORPORATION,  OR  HAS A BUSINESS INTEREST IN SUCH VENDOR, OR
   14  WHOSE RELATIVE HAS A BUSINESS INTEREST  IN SUCH VENDOR, SHALL  VOTE  ON,
   15  OR  PARTICIPATE  IN  THE FOUNDATION'S ADMINISTRATION OF, AND TRANSACTION
   16  WITH SUCH VENDOR; AND (III) A BOARD MEMBER OR OFFICER SHALL  ADVISE  THE
   17  CHAIR  OF THE  FOUNDATION OR ITS AFFILIATED CORPORATION OF HIS, HER OR A
   18  RELATIVE'S BUSINESS INTEREST IN ANY SUCH  EXISTING  OR  PROPOSED  VENDOR
   19  WITH  THE  FOUNDATION  OR  ITS  AFFILIATE. THE CITY UNIVERSITY TRUSTEE'S
   20  GUIDELINES SHALL DEFINE THE NATURE OF A BUSINESS INTEREST AND THE CLOSE-
   21  NESS OF A  PERSONAL  RELATION  THAT  BRING  A  RELATIONSHIP  WITHIN  THE
   22  PURPOSES OF THIS SECTION.
   23    (B) THE BOARD OF TRUSTEES SHALL REPORT TO THE GOVERNOR, THE SPEAKER OF
   24  THE  ASSEMBLY AND THE TEMPORARY PRESIDENT OF THE SENATE ON THE STATUS OF
   25  THE IMPLEMENTATION OF PARAGRAPH (A) OF THIS SUBDIVISION  NO  LATER  THAN
   26  NINETY DAYS AFTER THIS PARAGRAPH SHALL HAVE TAKEN EFFECT.
   27    S  5.  This act shall take effect immediately; provided, however, that
   28  the amendments to paragraph (l) of subdivision 2 of section  87  of  the
   29  public officers law made by section two of this act shall not affect the
   30  repeal  of such paragraph and shall expire and be deemed repealed there-
   31  with; provided further that the amendments to subdivision 6  of  section
   32  355  of  the  education  law made by section three of this act shall not
   33  affect the expiration of such subdivision and shall be deemed to  expire
   34  therewith.