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Senate passes bill to extend New York’s FOIL to certain quasi-government entities
Summary
Lawmakers approved legislation extending the state’s Freedom of Information Law to entities created by government agencies whose boards are primarily appointed by public officials; sponsors said the change targets off-budget entities that spend taxpayer funds.
The New York State Senate on March 30 passed legislation to expand the reach of the state’s Freedom of Information Law (FOIL) to certain entities created by public agencies, voting 57-0 to approve the measure. Senators described the bill as applying to entities that are created by an agency and governed by a board of directors or similar body a majority of whose members are designated by one or more state or local government officials.
Supporters said the change increases transparency for organizations that handle taxpayer funds but previously operated outside the scope of FOIL. The sponsor (identified on the floor as "the sponsor" during questioning) told colleagues the bill had been considered repeatedly in past legislative sessions and cited examples such as Health Research Inc., which has received off-budget funds from the Department of Health, and local development corporations that have been used to facilitate public projects.
During floor questions, senators asked whether the bill would cover entities tied to SUNY Polytechnic Institute and other nonprofit or quasi-public arms that have been the subject of past reporting and federal inquiry; the sponsor said the bill would broadly apply to those situations if the entity was created by a state or local government and the government appointed a majority of the board. The sponsor also said the Committee on Open Government recommended taking the action; several senators said the bill has repeatedly passed the Senate in recent years but has not been taken up in the Assembly, where some members are said to resist limits on local governments’ access to off-budget entities.
The bill’s text places its effective date on the ninetieth day after it becomes law. After debate closed, the Senate recorded 57 ayes and passed the measure.
The Senate debate on the bill included discussion of past examples where off-budget entities handled public funds and of the need for increased accountability; supporters urged colleagues in both houses to work for bipartisan support in the Assembly.
