BILL NUMBER: S2451
SPONSOR: COMRIE
 
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:
2022: S5594
2017-18: A03077;
2015-16: A07437.
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act takes effect 30 days after having become law.