Senate Bill S4863A

2021-2022 Legislative Session

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

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Sponsored By

Archive: Last Bill Status Via A4677 - Passed Senate

  • 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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Bill Amendments

co-Sponsors

2021-S4863 - Details

See Assembly Version of this Bill:
A4677
Law Section:
Public Officers Law
Laws Affected:
Amd §87, Pub Off L

2021-S4863 - Summary

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.

2021-S4863 - Sponsor Memo

2021-S4863 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4863
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             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:
 
   Section  1.  Subparagraph  iii  of  paragraph  (b) of subdivision 1 of
 section 87 of the public officers law, as amended by chapter 223 of  the
 laws of 2008, is amended to read as follows:
   iii. the fees for copies of records which shall not exceed twenty-five
 cents  per photocopy not in excess of nine inches by fourteen inches, or
 the actual cost of reproducing any other record in accordance  with  the
 provisions of paragraph (c) of this subdivision, except when a different
 fee  is  otherwise prescribed by statute. IN THE CASE WHERE A RECORD HAS
 BEEN PREPARED FOR A PREVIOUS REQUEST AND AN ELECTRONIC  COPY  IS  AVAIL-
 ABLE, AN AGENCY SHALL NOT CHARGE A FEE.
   § 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

co-Sponsors

2021-S4863A (ACTIVE) - Details

See Assembly Version of this Bill:
A4677
Law Section:
Public Officers Law
Laws Affected:
Amd §87, Pub Off L

2021-S4863A (ACTIVE) - Summary

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.

2021-S4863A (ACTIVE) - Sponsor Memo

2021-S4863A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4863--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 16, 2021
                                ___________
 
 Introduced  by Sens. KAPLAN, COONEY, GIANARIS, PALUMBO -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Investigations and Government Operations -- committee discharged, bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee

 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:
 
   Section 1. Subparagraph iii of  paragraph  (b)  of  subdivision  1  of
 section  87 of the public officers law, as amended by chapter 223 of the
 laws of 2008, is amended to read as follows:
   iii. the fees for copies of records which shall not exceed twenty-five
 cents per photocopy not in excess of nine inches by fourteen inches,  or
 the  actual  cost of reproducing any other record in accordance with the
 provisions of paragraph (c) of this subdivision, except when a different
 fee is otherwise prescribed by statute. IN THE CASE WHERE  AN  IDENTICAL
 RECORD HAS BEEN PREPARED FOR A PREVIOUS REQUEST WITHIN THE PAST 6 MONTHS
 AND  AN  ELECTRONIC COPY IS AVAILABLE, AN AGENCY SHALL NOT CHARGE A FEE.
 IF MORE THAN ONE REQUEST IS MADE FOR AN IDENTICAL RECORD BEFORE ANY SUCH
 REQUEST HAS BEEN FULFILLED, ANY FEES CHARGED BY THE  AGENCY  UNDER  THIS
 SUBPARAGRAPH SHALL BE APPORTIONED EQUALLY AMONG THE REQUESTORS.
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06106-03-1

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