BILL NUMBER:S3241

TITLE OF BILL:  An act to repeal subdivision 19 of section 94 of the
executive law and subdivision 12 of section 80 of the legislative law,
relating to records that are available for public inspection

PURPOSE:

To require the Joint Commission on Public Ethics and the Legislative
Ethics Commission to comply with the requirements of the Freedom of
Information Law (FOIL) and the Open Meetings Law.

SUMMARY OF PROVISIONS:

Section 1 of the bill repeals subdivision 19 of section 94 of the
Executive Law.

Section 2 of the bill repeals subdivision 12 of section 80 of the
Legislative Law.

Section 3 of the bill is the effective date.

JUSTIFICATION:

Under existing law, the Joint Commission on Public Ethics (JCOPE) and
the Legislative Ethics Commission (LEC) are expressly exempted from
              

the requirements of government transparency laws, including the
Freedom of Information Law (FOIL) and the Open Meetings Law.

This bill would subject JCOPE and the LEC to FOIL and the Open
Meetings Law, allowing more transparency and access to information
about the state's ethics watchdogs. FOIL and the Open Meetings Law
contain sufficient protections to keep investigations and
investigation-related activities exempt from public disclosure. The
existing law is unnecessarily restrictive, and runs counter to the
idea of open government.

In a February 2015 report, JCOPE included a specific legislative
recommendation to consider whether its current exemption from FOIL and
the Open Meetings Law should be modified to increase the transparency
of JCOPE's operations, while still protecting the integrity of JCOPE's
sensitive compliance and investigative functions.

LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

Minimal.

EFFECTIVE DATE:

This act shall take effect on the ninetieth day after it shall become
law.