Bill Text: NY S06275 | 2019-2020 | General Assembly | Introduced

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Bill Title: Relates to reporting requirements of SUNY and CUNY; relates to financial information and identifying vendor information of each contract; relates to a list of all foundation and state university employees by campus, department and location including salaries, job titles and descriptions.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO HIGHER EDUCATION [S06275 Detail]

Download: New_York-2019-S06275-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6275

                               2019-2020 Regular Sessions

                    IN SENATE

                                      May 31, 2019
                                       ___________

        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:

     1    Section 1. Section 359 of the education law is amended by adding a new
     2  subdivision 5 to read as follows:
     3    5.  The trustees of the state university of New York shall require, on
     4  or before November first of each year, an annual report of the  research
     5  foundation  of the state university of New York, and an annual report of
     6  state-operated institutions' and community colleges' campus  foundations
     7  and  their subsidiaries, in a standardized format developed by the chan-
     8  cellor. The annual reports required by this subdivision shall be  posted
     9  publicly on the website of the state university of New York in a machine
    10  readable  format  by  November  first  of  each  year. The reports shall
    11  include, but not be limited to:
    12    a. financial reports, including: audited financials in accordance with
    13  all applicable regulations and following generally  accepted  accounting
    14  principles  as  defined  in  subdivision ten of section two of the state
    15  finance law, and any long-term liabilities;
    16    b. a list of all contracts, including amount, purpose and  identifying
    17  vendor information of each contract; and
    18    c.  a list of all foundation and state university employees by campus,
    19  department and job location, and the amount spent by campus,  department
    20  and  job  location which shall include annual employee salaries or other
    21  compensation, employee job titles and descriptions  and  employee  bene-
    22  fits.
    23    §  2.  Section  6233  of  the education law is amended by adding a new
    24  subdivision 4 to read as follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05677-01-9
        S. 6275                             2

     1    4. The trustees of the city university of New York shall  require,  on
     2  or  before November first of each year, an annual report of the research
     3  foundation of the city university of New York, and an annual  report  of
     4  senior  colleges'  and  community colleges' campus foundations and their
     5  subsidiaries,  in a standardized format developed by the chancellor. The
     6  annual reports required by this subdivision shall be posted publicly  on
     7  the  website  of  the  city university of New York in a machine readable
     8  format, by November first of each year. The reports shall  include,  but
     9  not be limited to:
    10    a. financial reports, including: audited financials in accordance with
    11  all  applicable  regulations and following generally accepted accounting
    12  principles as defined in subdivision ten of section  two  of  the  state
    13  finance law, and any long-term liabilities;
    14    b.  a list of all contracts, including amount, purpose and identifying
    15  vendor information of each contract; and
    16    c. a list of all foundation and state university employees by  campus,
    17  department  and job location, and the amount spent by campus, department
    18  and job location which shall include annual employee salaries  or  other
    19  compensation,  employee  job  titles and descriptions and employee bene-
    20  fits.
    21    § 3. The reports required in sections one and two of this act may  not
    22  disclose  the  following  information that: (a) is specifically exempted
    23  from disclosure by state or federal  statute;  (b)  if  disclosed  would
    24  constitute  an  unwarranted  invasion  of  personal  privacy  under  the
    25  provisions of subdivision 2 of section 89 of the  public  officers  law;
    26  (c)  if  disclosed  would  impair present or imminent contract awards or
    27  collective bargaining negotiations; (d) are trade secrets or are submit-
    28  ted to an entity by a commercial enterprise or derived from  information
    29  obtained from a commercial enterprise and which if disclosed would cause
    30  substantial  injury  to  the  competitive position of the subject enter-
    31  prise; (e) are records of an entity relating  to  charitable  donors  or
    32  prospective donors, including but not limited to the fund-raising strat-
    33  egies  of  agencies  identified  in  subdivision  3 of section 86 of the
    34  public officers law, provided  that  records  relating  to  fund-raising
    35  strategies  would, if disclosed, impair the ability of those entities to
    36  attract or gain donations, and provided further that  the  name  of  any
    37  donor  and the amount of donation made by such donor shall be subject to
    38  disclosure if such donor, or any  entity  in  which  such  donor  has  a
    39  substantial interest, seeks to transact business, or does transact busi-
    40  ness,  with  the entity to which the donation is made within three years
    41  of the date of  such  donation;  and  (f)  are  academic  or  scientific
    42  research  or  research-related records, including any draft, preliminary
    43  or unfunded grant or contract document, whether sponsored by the  entity
    44  itself  or in conjunction with a third party, or records relating to the
    45  entity's intellectual property, which,  if  disclosed,  would  adversely
    46  affect  license,  patent,  copyright or other rights of the entity. This
    47  section shall not permit an entity to withhold records or portions ther-
    48  eof pertaining to the name, title,  expenditure,  source  or  amount  of
    49  public funding relating to such research or intellectual property.
    50    §  4.  Nothing  in  this  act  shall  be  construed  to  supersede the
    51  provisions of chapter 10 of the laws of 2006.
    52    § 5. This act shall take effect January 1, 2020.