Requires higher education research foundations to submit reports of budget information to the governor and legislature; provides for additional oversight of higher education research foundations.
STATE OF NEW YORK
________________________________________________________________________
5068
2011-2012 Regular Sessions
IN ASSEMBLY
February 11, 2011
___________
Introduced by M. of A. P. RIVERA -- read once and referred to the
Committee on Corporations, Authorities and Commissions
AN ACT to amend the not-for-profit corporation law, in relation to the
creation of the higher education research foundation accountability
and transparency act
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "higher education research foundation accountability and transparen-
3 cy act".
4 § 2. Legislative findings and declarations. The legislature finds and
5 declares that the state has a vital interest in the oversight of its
6 educational centers and associated research foundations for higher
7 education and in the research foundations' viability as not-for-profit
8 entities, as well as preserving the high academic standards and research
9 done throughout the state's university system. The state has an essen-
10 tial interest in protecting and ensuring that funding, grants and other
11 monies used by the state university system of New York in conjunction
12 with not-for-profit research foundations is facilitated in an open and
13 accountable manner. The combination and close relationship of a public
14 university system with not-for-profit research foundations presents
15 certain challenges and potential conflicts with the academic, labor and
16 other policies of the state. Therefore, the legislature finds and
17 declares that additional oversight and accountability is necessary to
18 preserve the integrity of the state university system.
19 § 3. The not-for-profit corporation law is amended by adding a new
20 section 1413 to read as follows:
21 § 1413. Higher education research foundations.
22 (a) For the purposes of this section, the term "higher education
23 research foundation" shall mean a not-for-profit corporation, company or
24 partnership closely affiliated with the state university of New York and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04155-01-1
A. 5068 2
1 whose purposes are essentially to support, supplement or extend the
2 functions and programs of such state university, including without limi-
3 tation the Research Foundation of the state university of New York and
4 its affiliated entities.
5 (b) Budget reports and oversight. Higher education research founda-
6 tions shall be considered a public benefit corporation as that term is
7 used in section two of the public authorities law for the purpose of
8 submitting such higher education research foundations to the provisions
9 of title one of article nine of the public authorities law. Such founda-
10 tions shall submit annually to the governor, the temporary president of
11 the senate, the speaker of the assembly and the comptroller, reports of
12 budget information as required by title one of article nine of the
13 public authorities law. Reports required by this section shall be main-
14 tained at the principal office of the higher education research founda-
15 tion as a public record available for public inspection and copying. A
16 higher education research foundation shall be considered a state agency
17 for the purposes of complying with article six of the public officers
18 law.
19 (c) Restrictions of the transfer of functions. Notwithstanding any
20 other provision of law to the contrary, no function which is primarily
21 performed by employees of the state university of New York shall be
22 transferred to, or assumed by, or performed by higher education research
23 foundations, unless such transfer or assumption or performance is
24 specifically authorized in law by an act of the state legislature.
25 (d) Civil service status of employees. Any permanent employee of a
26 higher education research foundation who is hired after the effective
27 date of this section, shall be deemed to be in the classified civil
28 service or the unclassified civil service as provided for in the civil
29 service law and shall be subject to the provisions of the civil service
30 law in the same manner as an employee of a department or agency of the
31 state.
32 § 4. The state civil service commission may prescribe rules and regu-
33 lations to define permanent employees of a higher education research
34 foundation as defined in section 1413 of the not-for-profit corporation
35 law, as added by section three of this act.
36 § 5. This act shall take effect on the one hundred eightieth day after
37 it shall have become a law.
