BILL NUMBER: S3406

SPONSOR: SKOUFIS
 
TITLE OF BILL:

An act to amend the public officers law, in relation to expanding the
definition of agency

 
PURPOSE:

This bill would require that an entity created by a government agency or
a subsidiary or affiliate of a government agency will be subject to the
Freedom of Information Law (FOIL).

 
SUMMARY OF PROVISIONS:

Section 1: Amends subdivision 3 of § 86 of the Public Officers Law to
expand the definition of "Agency" to include entities created by an
agency or that are governed by a board of directors or similar body a
majority of which is designated by one or more state or local government
officials.

              

Section 2: Sets effective date.

 
JUSTIFICATION:

Recently, the New York State Department of State's Committee on Open
Government released its annual report. This report included several
proposals crafted to provide greater and more effective government tran-
sparency, including this proposed legislation. As the report states, the
proposals are, "an effort to foster the government's duty to be account-
able to those that it serves." Specifically on the issue of FOIL, the
report states,

'"A significant element of a recent investigation by the US Attorney for
the Southern District of New York focused on non-profit entities associ-
ated with the State University (SUNY). Efforts by the news media to gain
access to records of those entities have been rebuffed, despite our view
that many are and have been required to comply with FOIL.

FOIL applies to agency records. To ensure that the records of entities
created by government are subject to FOIL, the definition of "agency" in
§ 86(3) should be amended to mean:

"any state or municipal department, board, bureau, division, commission,
committee, public authority, public corporation, council, office or
other governmental entity performing a governmental or , proprietary
function for the state or any one or more municipalities thereof, as
well as entities created by an agency or that are governed by a board of
directors or similar body a majority of which is designated by one or
more state or local government officials, except the judiciary or the
state legislature."'

In addition, the report "emphasized that the receipt of government fund-
ing or entering into contractual relationships with a government agency
does not transform a private entity into a government agency.  Rather,
the Committee's proposal is limited to those entities which, despite
their corporate status, are subsidiaries or affiliates of a government
agency."
In the hopes of rebuilding the public's faith in their government by
furthering transparency and expanding access to information, this legis-
lation would require that an entity created by a government agency or a
subsidiary or affiliate of a government agency will now be subject to
the Freedom of Information Law (FOIL).

 
LEGISLATIVE HISTORY:

Senate

2017-2018- S4775A, Advanced to Third Reading

2020- S5263, Advanced to Third Reading

2021-2022- S1667, Passed Senate

Assembly

2017-2018- A5854A, Referred to Governmental Operations

2020 - A2399, Referred to Governmental Operations

2021-2022- A7545, Referred to Governmental Operations

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.