Senate Bill S2220

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

download bill text pdf

Sponsored By

Current Bill Status Via A610 - 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-S2220 (ACTIVE) - Details

See Assembly Version of this Bill:
A610
Law Section:
Public Officers Law
Laws Affected:
Amd §87, Pub Off L (as proposed in S.4863-A & A.4677-A)

2023-S2220 (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-S2220 (ACTIVE) - Sponsor Memo

2023-S2220 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2220
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             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:
 
   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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