BILL NUMBER: S349
SPONSOR: SKOUFIS
 
TITLE OF BILL:
An act to amend the public officers law, in relation to expanding the
definition of agency
 
PURPOSE:
This bill relates to expanding the definition of agency; includes enti-
ties 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.
 
SUMMARY OF PROVISIONS:
Section 1: Amends subdivision 3 of section 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:
The New York State Department of State's Committee on Open Government
recently released its annual report. This report included several
proposals crafted to provide more effective government transparency,
including this proposed legislation. The report states that the
proposals are "an effort to foster the government's duty to be account-
able to those 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 associated 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 the government are subject to FOIL, the definition of "agen-
cy" in section 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 govern-
ment 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: S4775A, Amend and Recommit to Investigations and Government Oper-
ations
2018: S4775A, Advanced to Third Reading
2019: S5263, Advanced to Third Reading
2020: S5263, Advanced to Third Reading
2021: S1667, Passed Senate
2022: S1667, Passed Senate
2023: S3406, Passed Senate
2024: S3406, Passed Senate
Assembly
2017: A5954A, Amend and Recommit to Governmental Operations
2018: A5854A, Held for Consideration in Governmental Operations
2019: A2399, Referred to Governmental Operations
2020: A2399, Referred to Governmental Operations
2021: A7545, Referred to Governmental Operations
2022: A7545, Referred to Governmental Operations
2023: A6617, Referred to Governmental Operations
2024: A6617, 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.

Statutes affected:
S349: 86 public officers law, 86(3) public officers law