Senate Bill S4775A

                                 BILL NUMBER:  S4775A

 TITLE OF BILL :  An act to amend the public officers law, in relation
to expanding the definition of agency

 PURPOSE OF THE 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 SPECIFIC 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
              

transparency, including this proposed legislation. As the report
states, the proposals are, "an effort to foster the government's duty
to be accountable 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
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 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
funding 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
legislation 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 :

New bill.

 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.