Bill Text: NY S02220 | 2023-2024 | General Assembly | Introduced

New York Senate Bill 2220

Introduced

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 except for the actual cost of a storage device or media if provided to the requester.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-02-06 - SUBSTITUTED BY A610 [S02220 Detail]

Download: New_York-2023-S02220-Introduced.html




                STATE OF NEW YORK
        ________________________________________________________________________

                                          2220

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 19, 2023
                                       ___________

        Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules

        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 a chapter of the
     3  laws of 2022 amending the public officers law  relating  to  prohibiting
     4  agencies  from  charging  a  fee for records where an electronic copy is
     5  already available from a previous  request  made  within  the  past  six
     6  months,  as  proposed  in  legislative  bills  numbers  S. 4863-A and A.
     7  4677-A, is amended to read as follows:
     8    iii. except when a different fee is otherwise prescribed by statute:
     9    (1) the fees for paper copies of  records  [which]  shall  not  exceed
    10  twenty-five cents per photocopy not in excess of nine inches by fourteen
    11  inches, or the actual cost of reproducing any other record in accordance
    12  with the provisions of paragraph (c) of this subdivision[, except when a
    13  different fee is otherwise prescribed by statute].
    14    (2)  In  the  case  where  an identical record has been prepared for a
    15  previous request within the past 6 months  and  an  electronic  copy  is
    16  available,  an  agency shall not charge a fee[. If more than one request
    17  is made for an  identical  record  before  any  such  request  has  been
    18  fulfilled,  any fees charged by the agency under this subparagraph shall
    19  be apportioned equally among the requestors]  for  the  reproduction  of
    20  such  record, except for the actual cost of a storage device or media if
    21  one is provided to the requester in complying with such request.
    22    § 2. This act shall take effect on the  same  date  and  in  the  same
    23  manner as a chapter of the laws of 2022 amending the public officers law

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03966-01-3
        S. 2220                             2

     1  relating  to  prohibiting agencies from charging a fee for records where
     2  an electronic copy is already available from  a  previous  request  made
     3  within  the past six months, as proposed in legislative bills numbers S.
     4  4863-A and A.  4677-A, takes effect.