Bill Text: NY A04677 | 2021-2022 | General Assembly | Amended


Bill Title: Prohibits agencies from charging a fee for records where an electronic copy is already available from a previous request made within the past six months; requires that fees be apportioned equally among requestors when more than one request is made for identical records before such request has been fulfilled.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Passed) 2022-12-23 - approval memo.60 [A04677 Detail]

Download: New_York-2021-A04677-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         4677--A

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    February 4, 2021
                                       ___________

        Introduced  by  M. of A. PAULIN, GALLAGHER, SEAWRIGHT, JACKSON, GALEF --
          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  prohibiting
          agencies  from  charging a fee for records where an electronic copy is
          already available from a previous request made  within  the  past  six
          months

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subparagraph iii of  paragraph  (b)  of  subdivision  1  of
     2  section  87 of the public officers law, as amended by chapter 223 of the
     3  laws of 2008, is amended to read as follows:
     4    iii. the fees for copies of records which shall not exceed twenty-five
     5  cents per photocopy not in excess of nine inches by fourteen inches,  or
     6  the  actual  cost of reproducing any other record in accordance with the
     7  provisions of paragraph (c) of this subdivision, except when a different
     8  fee is otherwise prescribed by statute. In the case where  an  identical
     9  record has been prepared for a previous request within the past 6 months
    10  and  an  electronic copy is available, an agency shall not charge a fee.
    11  If more than one request is made for an identical record before any such
    12  request has been fulfilled, any fees charged by the  agency  under  this
    13  subparagraph shall be apportioned equally among the requestors.
    14    § 2. This act shall take effect immediately.



         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06106-02-1
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