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S19Senate2015-2016 SessionSame asA5379

Relates to reporting requirements of SUNY and CUNY

Sponsor Kenneth P. LaValleSD-1+3 co-sponsorsAffects Legal
Status
In Senate Committee
Investigations And Government Operations
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Investigations And Government Operations

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Who cares

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Sponsors

Primary sponsor
Kenneth P. LaValle

Senator · Senate District 1

Chair, Higher Education

History

  1. Print number 19b
  2. Amend and recommit to investigations and government operations
  3. Referred to investigations and government operations
  4. Print number 19a
  5. Amend (t) and recommit to investigations and government operations
  6. Referred to investigations and government operations

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A5379Assembly

Relates to reporting requirements of SUNY and CUNY

In Assembly Committee · Higher Education · Sponsor Deborah Glick

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

Title of bill

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

Purpose

The purpose of this bill is to require the State and City universities of New York to produce an annual report to be published online which would disclose their financial records, including vendors, employees and general accounting information for any research foundations which are owned and operated by public colleges and community colleges.

Summary of provisions

Amends section 359 of the education law, adding subdivision 6 requiring the State University of New York to produce an annual report regarding their financial information. Amends section 6233 of the education law requiring the City University of New York to produce the same report. Adds a section defining exemptions that we do not have to be included in disclosure reports.

Justification

The Freedom of Information Law has played a crucial role in opening up the operations of government agencies to public discussion and reporting. This has increased accountability and responsiveness of government agencies.

However, the current definition of agencies covered by the FOIL law leaves out certain types of agencies that are technically not agencies of state or local government. These entities are often incorporated as not for profit corporations or limited liability corporations, but operate in effect as subsidiaries of state agencies. For example the SUNY Research Foundation is incorporated as a not for profit but operates as an extensions of SUNY and is controlled by SUNY officials. The Research Foundation describes itself as "the organization responsible for managing research grants and other sponsored programs for SUNY." Yet corporations of this type often refuse to disclose information to the press and the public on the basis that they are not state agencies as defined in the law.

This bill proposes that these corporations would have to disclose their finances publically each year online. These organizations spend millions of dollars of funds that were received by grants or donations that were intended to further the public purpose of their affiliated state agency. The shell of a separate corporate entity should not be used as an excuse to deny public access to information about how they use these funds.

Legislative history

2013-14 S.2224B/A.7554B; 2011-12 S.5797A/A.7789E

Fiscal implications

None.

Effective date

January 1, 2017.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.