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Sponsors
Senator · Senate District 39
1 Co-sponsor
History
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.535
- Referred to investigations and government operations
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.653
- Referred to investigations and government operations
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Expand Agency Definition
In Assembly Committee · Governmental Operations · Sponsor Robin Schimminger
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5263
2019-2020 Regular Sessions
IN SENATE
April 18, 2019
Introduced by Sen. SKOUFIS -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government Operations
AN ACT to amend the public officers law, in relation to expanding the definition of agency
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 3 of section 86 of the public officers law, as added by chapter 933 of the laws of 1977, is amended to read as follows:
3. "Agency" means 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 and 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.
§ 2. This act shall take effect on the ninetieth day after it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03936-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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
§ 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.
§ 2- 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 func- tion 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 direc- tors 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
2017-2018: A.5854-A/S.4775-A.
Fiscal implications
None.
Effective date
This act shall take effect on the ninetieth day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.