NY State Senate Bill 2017-S1881

Senate Bill S1881

2017-2018 Legislative Session

Relates to conflicts of interest and freedom of information applicability to certain public libraries

download bill text pdf

Archive: Last Bill Status - In Senate Committee Cities Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to cities
Jan 11, 2017	referred to cities

2017-S1881 (ACTIVE) - Details

Current Committee:: Senate Cities
Law Section:: New York City Charter
Laws Affected:: Amd §2601, NYC Chart; amd §86, Pub Off L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S5518
2019-2020: S4034
2021-2022: S1646
2023-2024: S1156

2017-S1881 (ACTIVE) - Summary

Relates to conflicts of interest and freedom of information applicability to the Brooklyn public library and the New York public library.

2017-S1881 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1881

 TITLE OF BILL :  An act to amend the New York city charter, in
relation to public libraries; and to amend the public officers law, in
relation to the definition of agency

 PURPOSE OR GENERAL IDEA OF BILL :

This bill will bring the Brooklyn Public Library and the New York
Public Library within the jurisdiction of the New York City Conflicts
of Interest Law and make explicit that each of these entities are
subject to the state and city Freedom of Information Laws.

 SUMMARY OF PROVISIONS :

Sections one and two of the bill amends subdivisions 2 and 19,
respectively, of section 2601 of the New York City Charter, as added
by a vote of the people of the city of New York at the general
election held in November of 1988, by removing the exclusion of a
public library from the definition of agency and amending the
definition of "public servant" to include executive directors and key
library executive personnel of the Brooklyn Public Library and the New
York Public Library.

Section three of the bill amends subdivision 3 of section 86 of the
public officers law, as added by chapter 933 of the laws of 1977, by

adding a new subdivision 3.b. to include the Brooklyn Public Library
and the New York Public Library within the definition of agency
thereby explicitly making these public library entities subject to the
freedom of information law provisions in state and city law.

Section four of the bill sets forth an immediate effective date.

 JUSTIFICATION :

The legislation will make the Brooklyn Public Library and the New York
Public Library subject to the city's Conflict of Interest law and the
state and city Freedom of Information laws. While this legislation is
not meant to be punitive to either of these important institutions, it
recognizes the significant sources of public funding they each enjoy
and the public service they provide to millions of people throughout
the city. Given their funding structure and the public services
provided these libraries should be subject to the same ethics and
freedom of information requirements as all other quasi-public agencies
who must comply with these important laws.

 PRIOR LEGISLATIVE HISTORY :

None.

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :

Minimal.

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S1881 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1881
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2017
                                ___________
 
 Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Cities
 
 AN ACT to amend the  New  York  city  charter,  in  relation  to  public
   libraries;  and  to  amend the public officers law, in relation to the
   definition of agency

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2 of section 2601 of the New York city charter,
 as added by  a vote of the people of the city of New York at the general
 election held in November of 1988, is amended to read as follows:
   2.  "Agency"  means a city, county, borough or other office, position,
 administration, department, division, bureau, board, commission, author-
 ity, corporation, advisory committee or other agency of government,  the
 expenses  of  which are paid in whole or in part from the city treasury,
 and shall include but not be limited to, the  council,  the  offices  of
 each  elected official, the board of education, community school boards,
 community boards, the financial services  corporation,  the  health  and
 hospitals  corporation,  the public development corporation, and the New
 York city housing authority, but shall not  include  any  court  or  any
 corporation  or institution maintaining or operating a [public library,]
 museum, botanical garden, arboretum, tomb, memorial building,  aquarium,
 zoological garden or similar facility.
   §  2.  Subdivision 19 of section 2601 of the New York city charter, as
 added by a vote of the people of the city of New  York  at  the  general
 election held in November of 1988, is amended to read as follows:
   19.  "Public  servant"  means all officials, officers and employees of
 the city, including members of community boards [and], members of  advi-
 sory  committees,  AND ALL EXECUTIVE DIRECTORS AND KEY LIBRARY EXECUTIVE
 PERSONNEL FROM THE BROOKLYN PUBLIC  LIBRARY  AND  THE  NEW  YORK  PUBLIC
 LIBRARY,  except  unpaid  members  of  advisory  committees shall not be
 public servants.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01199-01-7

 S. 1881                             2
 
   § 3. 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:
   A. any state or municipal department, board, bureau, division, commis-
 sion,  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, except
 the judiciary or the state legislature[.]; AND
   B. THE BROOKLYN PUBLIC LIBRARY AND THE NEW YORK PUBLIC LIBRARY.
   § 4. This act shall take effect immediately.

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