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A04367 Summary:

BILL NOA04367
 
SAME ASSAME AS S06275
 
SPONSORGlick (MS)
 
COSPNSRCook, Crespo, Gottfried, Cahill, Aubry, Lupardo, Jaffee, Fahy, Galef, Simon, Hevesi, Steck, McDonald, Lifton, Woerner, Santabarbara, Dinowitz, Burke, Wallace, Stirpe, Ryan
 
MLTSPNSRMcDonough, Montesano, Thiele
 
Amd §§359 & 6233, Ed L
 
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.
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A04367 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4367
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 4, 2019
                                       ___________
 
        Introduced  by  M.  of A. GLICK, COOK, CRESPO, GOTTFRIED, CAHILL, AUBRY,
          LUPARDO, JAFFEE, FAHY, GALEF, SIMON, HEVESI -- Multi-Sponsored  by  --
          M. of A. McDONOUGH, MONTESANO, THIELE -- read once and referred 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.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05677-01-9

        A. 4367                             2
 
     1    § 2. Section 6233 of the education law is  amended  by  adding  a  new
     2  subdivision 4 to read as follows:
     3    4.  The  trustees of the city 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 city university of New York, and an annual report of
     6  senior colleges' and community colleges' campus  foundations  and  their
     7  subsidiaries,  in a standardized format developed by the chancellor. The
     8  annual reports required by this subdivision shall be posted publicly  on
     9  the  website  of  the  city university of New York in a machine readable
    10  format, by November first of each year. The reports shall  include,  but
    11  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    § 3. The reports required in sections one and two of this act may  not
    24  disclose  the  following  information that: (a) is specifically exempted
    25  from disclosure by state or federal  statute;  (b)  if  disclosed  would
    26  constitute  an  unwarranted  invasion  of  personal  privacy  under  the
    27  provisions of subdivision 2 of section 89 of the  public  officers  law;
    28  (c)  if  disclosed  would  impair present or imminent contract awards or
    29  collective bargaining negotiations; (d) are trade secrets or are submit-
    30  ted to an entity by a commercial enterprise or derived from  information
    31  obtained from a commercial enterprise and which if disclosed would cause
    32  substantial  injury  to  the  competitive position of the subject enter-
    33  prise; (e) are records of an entity relating  to  charitable  donors  or
    34  prospective donors, including but not limited to the fund-raising strat-
    35  egies  of  agencies  identified  in  subdivision  3 of section 86 of the
    36  public officers law, provided  that  records  relating  to  fund-raising
    37  strategies  would, if disclosed, impair the ability of those entities to
    38  attract or gain donations, and provided further that  the  name  of  any
    39  donor  and the amount of donation made by such donor shall be subject to
    40  disclosure if such donor, or any  entity  in  which  such  donor  has  a
    41  substantial interest, seeks to transact business, or does transact busi-
    42  ness,  with  the entity to which the donation is made within three years
    43  of the date of  such  donation;  and  (f)  are  academic  or  scientific
    44  research  or  research-related records, including any draft, preliminary
    45  or unfunded grant or contract document, whether sponsored by the  entity
    46  itself  or in conjunction with a third party, or records relating to the
    47  entity's intellectual property, which,  if  disclosed,  would  adversely
    48  affect  license,  patent,  copyright or other rights of the entity. This
    49  section shall not permit an entity to withhold records or portions ther-
    50  eof pertaining to the name, title,  expenditure,  source  or  amount  of
    51  public funding relating to such research or intellectual property.
    52    §  4.  Nothing  in  this  act  shall  be  construed  to  supersede the
    53  provisions of chapter 10 of the laws of 2006.
    54    § 5. This act shall take effect January 1, 2020.
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