Skip to content
S5070Senate2011-2012 Session

Enlarges the definition of the term agency for certain purposes

Sponsor Kenneth P. LaValleSD-1Affects Legal
Status
In Senate Committee
Investigations And Government Operations
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Investigations And Government Operations

What's happening

Writing a plain-English summary… Track this bill to get it by email.

Why it matters

The daily · weekday mornings

Albany, before your first meeting.

Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.

Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.

Who cares

Headline styles

Sponsors

Primary sponsor
Kenneth P. LaValle

Senator · Senate District 1

Chair, Higher Education

No co-sponsors yet.

History

  1. Referred to investigations and government operations
  2. Print number 5070d
  3. Amend and recommit to investigations and government operations
  4. Print number 5070c
  5. Amend and recommit to investigations and government operations
  6. Print number 5070b
  7. Amend and recommit to investigations and government operations
  8. Print number 5070a
  9. Amend and recommit to investigations and government operations
  10. Referred to investigations and government operations

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:S5070D

Title of bill

An act to amend the public officers law, in relation to the disclosure of agency records

Purpose

Expands the definition of agencies that are required to make documents available to the public under the Freedom of Information Law.

Summary of provisions

Amends subdivision three of section eighty-six of the Public Officers Law (the Freedom of Information Law, of FOIL). Adds to the definition of the term "agency" certain types of corporations, foundations and associations that are created by, controlled by or affiliated with a state agency including but not limited to SUNY.

Justification

The Freedom of Information Law has played a crucial role in opening up the operations of government agencies to public discussion and reporting. 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 operate in effect as subsidiaries of state agencies. For example the SUNY Research Foundation is incorporated as a not for profit but operates as an extensions of SUNY and is controlled by SUNY officials. The Research Foundation describes itself as "the organization responsible for managing research grants and other sponsored programs for SUNY," Yet corporations 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 to expand the definition of agency so that any organization that operates as a closely affiliated extension of a state agency will be covered by the FOIL law regardless of its corporate structure. These organizations spend millions of dollars of funds that were received by grants or donations that were intended to further 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:; New legislation.

Fiscal implications

None.

Effective date

This act shall take effect January 1, 2012.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.