Bill Text: NY S05070 | 2011-2012 | General Assembly | Amended
Bill Title: Enlarges the definition of the term "agency" for certain purposes; adds provisions relating to foundations of state-operated campuses.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2012-01-04 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S05070 Detail]
Download: New_York-2011-S05070-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
5070--D
2011-2012 Regular Sessions
I N S E N A T E
May 3, 2011
___________
Introduced by Sen. LAVALLE -- read twice and ordered printed, and when
printed to be committed to the Committee on Investigations and Govern-
ment Operations -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- 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
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, FOUNDATIONS AND AUXILIA-
10 RY SERVICE CORPORATIONS ASSOCIATED WITH ANY PUBLIC COLLEGE OR UNIVERSI-
11 TY, AND NOT-FOR-PROFIT CORPORATIONS AND LIMITED LIABILITY CORPORATIONS
12 CREATED OR CONTROLLED BY ANY PUBLIC COLLEGE OR UNIVERSITY, AND THE
13 CORPORATIONS IDENTIFIED IN PARAGRAPH (D) OF SUBDIVISION FIVE OF SECTION
14 FIFTY-THREE-A OF THE STATE FINANCE LAW, PROVIDED, HOWEVER, THAT THE
15 PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO THE STATUTORY COLLEGES
16 AND CONTRACT COLLEGES AT ALFRED AND CORNELL OR ANY ALUMNI ASSOCIATION
17 ASSOCIATED WITH A PUBLIC COLLEGE OR UNIVERSITY.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11337-06-1
S. 5070--D 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 1 of section 74 of the
31 public officers law, as amended by chapter 14 of the laws of 2007, is
32 amended to read as follows:
33 As used in this section: The term "state agency" shall mean any state
34 department, or division, board, commission, or bureau of any state
35 department or any public benefit corporation or public authority at
36 least one of whose members is appointed by the governor or corporations
37 closely affiliated with specific state agencies as defined by paragraph
38 (d) of subdivision five of section fifty-three-a of the state finance
39 law or their successors, THE STATE UNIVERSITY OF NEW YORK, THE RESEARCH
40 FOUNDATION OF THE STATE UNIVERSITY OF NEW YORK, FOUNDATIONS AND AUXILIA-
41 RY SERVICE CORPORATIONS ASSOCIATED WITH ANY PUBLIC COLLEGE OR UNIVERSI-
42 TY, AND NOT-FOR-PROFIT CORPORATIONS AND LIMITED LIABILITY CORPORATIONS
43 CREATED OR CONTROLLED BY ANY PUBLIC COLLEGE OR UNIVERSITY, PROVIDED,
44 HOWEVER, THAT THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO THE
45 STATUTORY COLLEGES AND CONTRACT COLLEGES AT ALFRED AND CORNELL OR ANY
46 ALUMNI ASSOCIATION ASSOCIATED WITH A PUBLIC COLLEGE OR UNIVERSITY.
47 S 4. This act shall take effect January 1, 2012; provided, however,
48 that the amendments to paragraph (l) of subdivision 2 of section 87 of
49 the public officers law made by section two of this act shall not affect
50 the repeal of such paragraph and shall expire and be deemed repealed
51 therewith.
