Relates to expanding the definition of agency

• Democratic2

◆ The sponsor's argument

Why James Skoufis says this is needed

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).

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.