NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6103B
SPONSOR: Paulin TITLE OF BILL:
An act to amend the public officers law, in relation to requiring
inter-agency records prepared by an outside consultant on behalf of an
agency to be subject to FOIL disclosure
PURPOSE:
Requires inter-agency records prepared by an outside consultant at the
behest of an agency to be subject to FOIL disclosure, unless such
records are otherwise exempted from disclosure when prepared by the
agency itself.
SUMMARY OF PROVISIONS:
Section 1: Amends section 87 of the public officers law to clarify
records prepared by an outside consultant at the behest of an agency to
be subject to FOIL disclosure.
Section 2: Sets effective date.
JUSTIFICATION:
Currently in NYS, when agencies or authorities pay outside consultants
to do reports, the reports are not subject to FOIL requests (statistics
or data from those reports are subject).
Records produced by outside consultants at the behest of an agency are
used to assist agencies and guide them in making crucial decisions. It
is as such important to ensure that these reports are subject to FOIL
disclosure.
LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
6103--B
2023-2024 Regular Sessions
IN ASSEMBLY
April 3, 2023
___________
Introduced by M. of A. PAULIN -- read once and referred to the Committee
on Governmental Operations -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee --
recommitted to the Committee on Governmental Operations in accordance
with Assembly Rule 3, sec. 2 -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the public officers law, in relation to requiring
inter-agency records prepared by an outside consultant on behalf of an
agency to be subject to FOIL disclosure
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The opening paragraph of paragraph (g) of subdivision 2 of
2 section 87 of the public officers law, as amended by chapter 510 of the
3 laws of 1999, is amended to read as follows:
4 are inter-agency or intra-agency materials, including materials
5 prepared on behalf of an agency, which are not:
6 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06927-04-4
