Bill Text: NY S04863 | 2021-2022 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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: Slight Partisan Bill (Democrat 3-1)

Status: (Introduced - Dead) 2022-05-23 - SUBSTITUTED BY A4677A [S04863 Detail]

Download: New_York-2021-S04863-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4863

                               2021-2022 Regular Sessions

                    IN SENATE

                                    February 16, 2021
                                       ___________

        Introduced  by  Sen.  KAPLAN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Investigations and Govern-
          ment Operations

        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

          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 a record has
     9  been prepared for a previous request and an electronic  copy  is  avail-
    10  able, an agency shall not charge a fee.
    11    § 2. This act shall take effect immediately.





         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06106-01-1