NY State Senate Bill 2021-S1063

Senate Bill S1063

2021-2022 Legislative Session

Prohibits certain agencies from charging for the process of a FOIL request made by state and local agencies or the state legislature

download bill text pdf

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 09, 2022	reported and committed to finance
Jan 05, 2022	referred to investigations and government operations
Jan 19, 2021	reported and committed to finance
Jan 06, 2021	referred to investigations and government operations

Votes

- Mar 9, 2022 - Investigations And Government Operations Committee Vote
  S1063
  
  6
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Investigations And Government Operations Committee Vote: Mar 9, 2022
      
      aye (6)
      
      Biaggi
      
      Gaughran
      
      Kaminsky
      
      O'Mara
      
      Reichlin-Melnick
      
      Skoufis
      
      aye wr (1)
      
      Palumbo
  Jan 19, 2021 - Investigations And Government Operations Committee Vote
  S1063
  
  6
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Investigations And Government Operations Committee Vote: Jan 19, 2021
      
      aye (6)
      
      Biaggi
      
      Gaughran
      
      Kaminsky
      
      O'Mara
      
      Reichlin-Melnick
      
      Skoufis
      
      aye wr (1)
      
      Palumbo

2021-S1063 (ACTIVE) - Details

See Assembly Version of this Bill:: A1756
Current Committee:: Senate Finance
Law Section:: Public Officers Law
Laws Affected:: Amd §87, Pub Off L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A7471
2011-2012: A1727
2013-2014: A726
2015-2016: A939
2017-2018: S7023, A5047
2019-2020: S7856, A733
2023-2024: S3514, A640

2021-S1063 (ACTIVE) - Summary

Prohibits agencies from charging for the process of a FOIL request made by state and local agencies or the state legislature.

2021-S1063 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1063

SPONSOR: BIAGGI
 
TITLE OF BILL:

An act to amend the public officers law, in relation to prohibiting
certain agencies from charging for the process of a FOIL request made by
state and local agencies or the state legislature

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill ensures that branches of the state government or the govern-
ment of a city of a population over one million will not charge other
branches of the state government for requesting information under FOIL.

 
SUMMARY OF PROVISIONS:

Section 1. Amends section 87 of Public Officers Law by adding a new
subdivision 6.

Section 2. Sets forth the effective date.

 
JUSTIFICATION:

Currently, if a member of the State Legislature requests information
from a city or State department via a Freedom of Information Law (FOIL)
request, then they must pay the fees related to that request.  This
transfer of funds around from one section of government to another is
inefficient and unnecessary. Those doing government-related work should
not feel constricted by unnecessary fees when attempting to gather
information from other parts of the government.

 
PRIOR LEGISLATIVE HISTORY:

2020: S7856/A733 - Died on the Third Reading/Died in Governmental Oper-
ations

2019: S7856/A733 - Passed Senate/Died in Governmental Operations

2017-2018: S7023- Died in Investigations and Government Operations

2015-2016: A939 - Died in Governmental Operations

2013-2014: A726 - Died in Rules

2011-2012: A1727 - Died on the Third Reading Cal. 168

2009-2010: S4812A - Vetoed; Veto Message No. 6725

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S1063 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1063
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sen.  BIAGGI -- 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
   certain  agencies from charging for the process of a FOIL request made
   by state and local agencies or the state legislature
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 87 of the public officers law is amended by adding
 a new subdivision 6 to read as follows:
   6. NOTWITHSTANDING PARAGRAPHS (B) AND (C) OF SUBDIVISION ONE  OF  THIS
 SECTION,  AGENCIES  CONSTITUTING  PART  OF  THE  STATE GOVERNMENT OR THE
 GOVERNMENT OF A CITY OF ONE MILLION PEOPLE  OR  MORE  SHALL  NOT  CHARGE
 OTHER  STATE  AND LOCAL AGENCIES, OR THE STATE LEGISLATURE, FEES FOR THE
 PROCESSING OF A REQUEST MADE IN FURTHERANCE OF THE  PERFORMANCE  OF  THE
 OFFICIAL DUTIES OF THAT AGENCY OR THE STATE LEGISLATURE PURSUANT TO THIS
 ARTICLE. HOWEVER, NOTHING IN THIS SUBDIVISION SHALL AUTHORIZE OR REQUIRE
 ANY  CHARGES OR FEES FOR THE PROCESSING OF SUCH A REQUEST NOT AUTHORIZED
 OR REQUIRED PRIOR TO THE EFFECTIVE DATE OF THIS SUBDIVISION.
   § 2. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00678-01-1

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