BILL NUMBER: S6745
SPONSOR: STAVISKY
 
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:
Section 1. Amends section 359 of the education law, adding subdivision
5 requiring the State University of New York to produce an annual report
regarding their financial information.
Section 2. Amends section 6233 of the education law by adding subdivi-
sion 4 requiring the City University of.mew York to produce the same
report.
Section 3. Defines exemptions that do not have to be included in
disclosure reports
Section 4. States that nothing in the act shall be construed to super-
sede the provisions of chapter 20 of the laws of 2006'
Section 5. Sets the effective
 
JUSTIFICATION:
The Freedom of Information Law has played a crucial role in opening up
the operations of government agencies to public discussion and report-
ing. 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 oper-
ate in effect as subsidiaries of state agencies. For example, the SUNY
Research Foundation is incorporated as a not for profit but operates as
an extension of SUNY and is controlled by SUNY officials. The Research
Foundation describes itself as "the organization responsible for manag-
ing research grants and other sponsored programs for SUNY." Yet corpo-
rations 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 publicly each year online. These organizations spend millions
of dollars of funds that were received grants or donations that were
intended to either 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:
2823-2824 S.6863 / A.9570 - Passed Senate - Referred to Higher Education
2022-2021 S3540 / A.9617 - REFERRED TO HIGHER EDUCATION
2017-18 S.221411/ A.59290 - RECOMMIT TO INVESTIGATIONS AND GOVERNMENT
OPERATIONS
2015-16 S.198/A.53798 - RECOMMIT TO INVESTIGATIONS AND GOVERNMENT OPER-
ATIONS
2013-14 S.22240/A.7554B - COMMITTED TO RULES
2011-12 S.5797A/A.7789E - COMMITTED TO RULES
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect on the first of January next succeeding the
date on which it shall have become a law

Statutes affected:
S6745: 359 education law, 6233 education law