Relates to expanding the definition of agency; includes 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 in the definition of agency under the public officers law.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6617
SPONSOR: Otis TITLE OF BILL:
An act to amend the public officers law, in relation to expanding the
definition of agency
PURPOSE OR GENERAL IDEA OF BILL:
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- This section sets the effective date.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
n/a
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).
PRIOR LEGISLATIVE HISTORY:
2021-22: A7545/S1667 (Otis/SKOUFIS) referred to governmental
operations/PASSED SENATE
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.
STATE OF NEW YORK
________________________________________________________________________
6617
2023-2024 Regular Sessions
IN ASSEMBLY
April 24, 2023
___________
Introduced by M. of A. OTIS -- read once and referred to the Committee
on Governmental 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 Assem-bly, do enact as follows:
1 Section 1. Subdivision 3 of section 86 of the public officers law, as
2 added by chapter 933 of the laws of 1977, is amended to read as follows:
3 3. "Agency" means any state or municipal department, board, bureau,
4 division, commission, committee, public authority, public corporation,
5 council, office or other governmental entity performing a governmental
6 or proprietary function for the state or any one or more municipalities
7 thereof, as well as entities created by an agency and that are governed
8 by a board of directors or similar body a majority of which is desig-
9 nated by one or more state or local government officials, except the
10 judiciary or the state legislature.
11 § 2. This act shall take effect on the ninetieth day after it shall
12 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04566-01-3
