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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6103A
SPONSOR: Paulin 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 include
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 pursuant to subdivision 2 of section 87 of the
public officers law when prepared by the agency itself.
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--A
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
AN ACT to amend the public officers law, in relation to requiring
inter-agency records prepared by an outside consultant at the behest
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. Subparagraph iv of paragraph (g) of subdivision 2 of
2 section 87 of the public officers law, as added by chapter 510 of the
3 laws of 1999, is amended and a new subparagraph v is added to read as
4 follows:
5 iv. external audits, including but not limited to audits performed by
6 the comptroller and the federal government; [or]
7 v. records prepared by an outside consultant at the behest of an agen-
8 cy, unless such records are otherwise exempted from disclosure pursuant
9 to this subdivision when prepared by the agency itself; or
10 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06927-03-3
