What's happening
This bill makes large, government-funded not-for-profit service providers in New York subject to Freedom of Information and Open Meetings Laws.
Why it matters
Expands transparency requirements. to large not-for-profits (with 25+ full-time employees and significant government funding) that provide state-licensed services, ensuring these organizations are held to the same public accountability standards as government entities.
May impact how these organizations operate. , as they will need to comply with Freedom of Information Law (FOIL) and Open Meetings Law, potentially changing internal recordkeeping, meeting practices, and how decisions are made and disclosed.
Specifically protects sensitive information. by excluding patient records (protected by HIPAA) and law enforcement-identified secure documents from disclosure, balancing transparency with privacy and security concerns.
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Who cares
Headline styles
Open Nonprofit Meetings, Records
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 14
No co-sponsors yet.
History
- Referred to corporations, authorities and commissions
- Referred to corporations, authorities and commissions
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.
Open Meetings for Nonprofits
In Assembly Committee · Corporations, Authorities And Commissions · Sponsor Sean Ryan
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5350
2019-2020 Regular Sessions
IN SENATE
April 29, 2019
Introduced by Sen. COMRIE -- read twice and ordered printed, and when printed to be committed to the Committee on Corporations, Authorities and Commissions
AN ACT to amend the not-for-profit corporation law, in relation to making certain not-for-profit corporations subject to the freedom of information and open meetings laws
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The not-for-profit corporation law is amended by adding a new section 116 to read as follows: § 116. Access to records.
(a) Any not-for-profit corporation as defined in subparagraph five of paragraph (a) of section one hundred two of this article, with twentyfive or more full time equivalent employees, which receives either one million dollars or more in government funding, or seventy-five percent or more of its gross revenues through government funding, and which is licensed by the office of people with developmental disabilities, office of mental health, or department of health as an approved provider of services, shall be subject to the provisions of articles six and seven of the public officers law; provided, however, that the provisions of this section shall not apply to patient records as defined in the Health Insurance Portability and Accountability Act of 1996.
(b) Any records identified by the New York state police as secure documents requiring the non-disclosure for security purposes shall not be subject to the provisions of paragraph (a) of this section.
§ 2. This act shall take effect on the thirtieth day after it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07936-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the not-for-profit corporation law, in relation to making certain not-for-profit corporations subject to the freedom of information and open meetings laws
Purpose or general idea of the bill
This bill promotes transparency by increasing public access to the proceedings and records of certain not-for-profit corporations.
Summary of provisions
This bill adds a new section 116 to the not-for-profit corporation law so that not-for-profit corporations licensed by the office for people with developmental disabilities, the office of mental health, or the department of health as an approved provider; and that annually receive either one million dollars or more in government funding or seventy-five percent or more of its gross annual revenue through government funding; are subject to articles six and seven of the public officers law (i.e., the Freedom of Information Law).
This bill excludes from disclosure patient records as well as documents that the New York State Police deem to be secure.
Justification
It is an ever more common occurrence for state and local governmental operations to subcontract their work to not-for-profit entities. When such not-for-profit entities are actually performing governmental func- tions, with public monies, their activities and records should be subject to the same public oversight as the governmental entities with which they contract. This bill subjects certain not-for-profit corpo- rations that receive large amounts of funding from the government to the same provisions under law with which other state agencies must comply.
This bill would also provide for the protections necessary when such information needs to be exempt from public disclosure due to patient privacy security issues.
Prior legislative history
2017-18: A03077; 2015-16: A07437.
Fiscal implications
None.
Effective date
This act takes effect 30 days after having become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.