Assembly Bill A610

Signed By Governor
2023-2024 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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Current Bill Status - Signed by Governor

  • 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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2023-A610 (ACTIVE) - Details

See Senate Version of this Bill:
S2220
Law Section:
Public Officers Law
Laws Affected:
Amd §87, Pub Off L (as proposed in S.4863-A & A.4677-A)

2023-A610 (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 except for the actual cost of a storage device or media if provided to the requester.

2023-A610 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    610
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 10, 2023
                                ___________
 
 Introduced by M. of A. PAULIN -- read once and referred to the Committee
   on Governmental 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 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 a  chapter  of  the
 laws  of  2022  amending the public officers law relating 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, as proposed in  legislative  bills  numbers  S.  4863-A  and  A.
 4677-A, is amended to read as follows:
   iii. EXCEPT WHEN A DIFFERENT FEE IS OTHERWISE PRESCRIBED BY STATUTE:
   (1)  the  fees  for  PAPER  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].
   (2) 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] FOR THE REPRODUCTION OF
 SUCH RECORD, EXCEPT FOR THE ACTUAL COST OF A STORAGE DEVICE OR MEDIA  IF
 ONE IS PROVIDED TO THE REQUESTER IN COMPLYING WITH SUCH REQUEST.
   §  2.  This  act  shall  take  effect on the same date and in the same
 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

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