NY State Senate Bill 2019-S1629A

Senate Bill S1629A

2019-2020 Legislative Session

Authorizes police agencies to charge fees for searching, copying, and mailing police agency generated records

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
Jan 08, 2020	referred to finance
May 15, 2019	print number 1629a
May 15, 2019	amend and recommit to finance
Jan 15, 2019	referred to finance

Bill Amendments

Original

A (Active)

co-Sponsors

2019-S1629 - Details

Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Add §837-u, Exec L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S1820
2023-2024: S2864

2019-S1629 - Summary

Authorizes police agencies to charge fees for searching, copying, and mailing police agency generated records except for where the requesting party is a victim to or was charged with the crime related to such documents.

2019-S1629 - Sponsor Memo

                                
 
BILL NUMBER: S1629

SPONSOR: SKOUFIS
 
TITLE OF BILL:

An act to amend the executive law, in relation to authorizing police
agencies to include administrative costs in fees for copies of police
agency records

 
PURPOSE OR GENERAL IDEA OF BILL:

Enactment of this legislation would authorize police agencies to charge
certain fees for searching, copying and mailing police agency generated
records.

 
SUMMARY OF PROVISIONS:

Section 1: Amends the executive law by adding a new section 837-s by
authorizing local police agencies to charge a fee for searching police
agency records, copying said documents, and preparing such documents for
mailing. No fee shall be charged for any public officer, board or other

specified public entity.

Subsection 2: States that such fee shall be five dollars per request for
searches conducted manually, and three dollars for searches undertaken
by electronic medium.

Subsection 3: Provides that the fee for copies of documents other than
accident reports shall be one dollar per page, and the fee for an acci-
dent report shall be fifteen dollars.

 
JUSTIFICATION:

Currently a local police department, receiving a Freedom of Information
Act (FOIL) request from an insurance company for a copy of an accident
report, may only charge a maximum of twenty five cents for a copy of
that report. Those persons actually involved in an accident cannot be
charged any fee or a copy of the report. Obviously, the costs involved
in searching, copying, handling and mailing these documents far exceed
the current fee structure.

The State Legislature recognized this inequity in the past, by making an
exception to the statutes governing this fee structure, in that section
202.3 of the vehicle and traffic law allows the NYS Department of Motor
Vehicles to charge fifteen dollars for a copy of an accident report.

Local governments are under extreme pressure to cut costs and do more
with fewer personnel. It is not unreasonable to provide local police
agencies the same fee structure as provided to the NYS Department of
Motor Vehicles.

 
PRIOR LEGISLATIVE HISTORY:

Assembly:

01/12/17 - Referred to Governmental Operations

01/03/18 - Referred to Governmental Operations

 
FISCAL IMPLICATIONS:

None to New York State

 
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after becoming law.

2019-S1629 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1629
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 15, 2019
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Finance
 
 AN ACT to amend the executive law, in  relation  to  authorizing  police
   agencies  to include administrative costs in fees for copies of police
   agency records

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The executive law is amended by adding a new section 837-t
 to read as follows:
   § 837-T. FEES FOR COPIES OF POLICE  AGENCY  RECORDS.  1.  EXCEPT    AS
 PROVIDED  BY LAW THAT NO FEE SHALL BE CHARGED, LOCAL POLICE AGENCIES MAY
 CHARGE A FEE FOR  SEARCHING  THE  POLICE  AGENCY  RECORDS,  COPYING  THE
 RESULTING  DOCUMENTS,  AND  PREPARING  SUCH  DOCUMENTS  FOR  MAILING  AS
 PROVIDED IN THIS SECTION.  PROVIDED,  HOWEVER,  THAT  NO  FEE  SHALL  BE
 CHARGED ANY PUBLIC OFFICER, BOARD, BODY, AGENCY, OR DEPARTMENT OR VOLUN-
 TEER  FIRE COMPANY, FOR SEARCHES OR COPIES OF DOCUMENTS TO BE USED FOR A
 PUBLIC PURPOSE.
   2. FEES FOR SEARCHES OF POLICE AGENCY  RECORDS.  (A)  THE  FEE  FOR  A
 SEARCH WHICH IS MADE MANUALLY BY THE POLICE AGENCY SHALL BE FIVE DOLLARS
 PER REQUEST.
   (B)  THE FEE FOR A SEARCH WHICH IS CONDUCTED BY MEANS OF AN ELECTRONIC
 MEDIUM SHALL BE THREE DOLLARS PER REQUEST.
   3. FEES FOR COPIES OF DOCUMENTS AND PREPARATION FOR MAILING. THE  FEES
 FOR  COPIES  OF  DOCUMENTS,  OTHER  THAN  ACCIDENT REPORTS, SHALL BE ONE
 DOLLAR PER PAGE. A PAGE SHALL CONSIST OF EITHER A SINGLE OR  DOUBLE-SIDE
 OF  ANY  DOCUMENT.  THE  FEE  FOR  A COPY OF AN ACCIDENT REPORT SHALL BE
 FIFTEEN DOLLARS. ALL COPIES OF DOCUMENTS SHALL BE CERTIFIED AT NO  ADDI-
 TIONAL  FEE.  WHENEVER  A  SEARCH  OF  RECORDS  OF  THE POLICE AGENCY IS
 REQUIRED IN CONJUNCTION WITH A COPY OF A DOCUMENT, THE FEE SHALL BE  THE
 FEE  FOR  THE SEARCH AS PROVIDED IN SUBDIVISION TWO OF THIS SECTION. THE
 RESULT OF SUCH SEARCH WILL BE THE LOCATING OF THE  DOCUMENT,  OR  IF  NO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD04325-01-9

 S. 1629                             2
 
 DOCUMENT  CAN  BE  LOCATED,  A  CERTIFICATION TO THAT EFFECT WILL BE THE
 RESULT OF SUCH SEARCH. THE FEE  FOR  THE  PREPARATION  FOR  MAILING,  IF
 NECESSARY, SHALL BE TWO DOLLARS PER REQUEST.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.

co-Sponsors

2019-S1629A (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Add §837-u, Exec L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S1820
2023-2024: S2864

2019-S1629A (ACTIVE) - Summary

2019-S1629A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1629A

SPONSOR: SKOUFIS
 
TITLE OF BILL:  An act to amend the executive law, in relation to
authorizing police agencies to include administrative costs in fees for
copies of police agency records

 
PURPOSE:

Enactment of this legislation would authorize police agencies to charge
certain fees for searching, copying and mailing police agency generated
records.

 
SUMMARY OF PROVISIONS:

Section 1: Amends the executive law by adding a new section 837-s by
authorizing local police agencies to charge a fee for searching police
agency records, copying said documents, and preparing such documents for
mailing. No fee shall be charged for any public officer, board or other
specified public entity. No fee shall be charged to a victim of a crime,
an individual accused of a crime, or any such person's attorney. States

that such fee shall be five dollars per request for searches conducted
manually, and three dollars for searches undertaken by electronic medi-
um. Provides that the fee for copies of documents other than accident
reports shall be one dollar per page, and the fee for an accident report
shall be fifteen dollars.

Section 2: Effective Date

 
JUSTIFICATION:

Currently a local police department, receiving a Freedom of Information
Act (FOIL) request from an insurance company for a copy of an accident
report, may only charge a maximum of twenty five cents for a copy of
that report. Those persons actually involved in an accident cannot be
charged any fee or a copy of the report. Obviously, the costs involved
in searching, copying, handling and mailing these documents far exceed
the current fee structure.

The State Legislature recognized this inequity in the past, by making an
exception to the statutes governing this fee structure, in that section
202.3 of the vehicle and traffic law allows the NYS Department of Motor
Vehicles to charge fifteen dollars for a copy of an accident report.

Local governments are under extreme pressure to cut costs and do more
with fewer personnel. It is not unreasonable to provide local police
agencies the same fee structure as provided to the NYS Department of
Motor Vehicles.

 
LEGISLATIVE HISTORY:

Assembly:
2017/18 (A1623) - Referred to Governmental Operations

 
FISCAL IMPLICATIONS:

None to the state

 
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after becoming law.

2019-S1629A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1629--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 15, 2019
                                ___________
 
 Introduced  by  Sens.  SKOUFIS, BIAGGI, PARKER, THOMAS -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Finance  --  committee  discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee
 
 AN ACT to amend the executive law, in  relation  to  authorizing  police
   agencies  to include administrative costs in fees for copies of police
   agency records
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The executive law is amended by adding a new section 837-u
 to read as follows:
   § 837-U. FEES FOR COPIES OF POLICE AGENCY RECORDS. 1.  FEES GENERALLY.
 EXCEPT  AS PROVIDED BY LAW THAT NO FEE SHALL BE  CHARGED,  LOCAL  POLICE
 AGENCIES MAY CHARGE A FEE FOR SEARCHING THE POLICE AGENCY RECORDS, COPY-
 ING THE RESULTING DOCUMENTS, AND PREPARING SUCH DOCUMENTS FOR MAILING AS
 PROVIDED  IN  THIS  SECTION.  PROVIDED,  HOWEVER,  THAT  NO FEE SHALL BE
 CHARGED TO ANY PUBLIC OFFICER, BOARD, BODY,  AGENCY,  OR  DEPARTMENT  OR
 VOLUNTEER  FIRE  COMPANY, FOR SEARCHES OR COPIES OF DOCUMENTS TO BE USED
 FOR A PUBLIC PURPOSE.  PROVIDED FURTHER, HOWEVER, THAT NO FEE  SHALL  BE
 CHARGED  TO  A VICTIM OF A CRIME, TO AN INDIVIDUAL CHARGED WITH A CRIME,
 OR SUCH PERSON'S ATTORNEY WHERE THE SEARCHES OR COPIES OF DOCUMENTS  ARE
 RELATED TO THE CRIME SUCH PERSON IS A VICTIM TO OR CHARGED WITH.
   2.  FEES  FOR  SEARCHES  OF  POLICE  AGENCY RECORDS. (A) THE FEE FOR A
 SEARCH WHICH IS MADE MANUALLY BY THE POLICE AGENCY SHALL BE FIVE DOLLARS
 PER REQUEST.
   (B) THE FEE FOR A SEARCH WHICH IS CONDUCTED BY MEANS OF AN  ELECTRONIC
 MEDIUM SHALL BE THREE DOLLARS PER REQUEST.
   3.  FEES FOR COPIES OF DOCUMENTS AND PREPARATION FOR MAILING. THE FEES
 FOR COPIES OF DOCUMENTS, OTHER  THAN  ACCIDENT  REPORTS,  SHALL  BE  ONE
 DOLLAR  PER PAGE. A PAGE SHALL CONSIST OF EITHER A SINGLE OR DOUBLE-SIDE
 OF ANY DOCUMENT. THE FEE FOR A COPY  OF  AN  ACCIDENT  REPORT  SHALL  BE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD04325-03-9

 S. 1629--A                          2
 
 FIFTEEN  DOLLARS. ALL COPIES OF DOCUMENTS SHALL BE CERTIFIED AT NO ADDI-
 TIONAL FEE. WHENEVER A  SEARCH  OF  RECORDS  OF  THE  POLICE  AGENCY  IS
 REQUIRED  IN CONJUNCTION WITH A COPY OF A DOCUMENT, THE FEE SHALL BE THE
 FEE  FOR  THE SEARCH AS PROVIDED IN SUBDIVISION TWO OF THIS SECTION. THE
 RESULT OF SUCH SEARCH WILL BE THE LOCATING OF THE  DOCUMENT,  OR  IF  NO
 DOCUMENT  CAN  BE  LOCATED,  A  CERTIFICATION TO THAT EFFECT WILL BE THE
 RESULT OF SUCH SEARCH. THE FEE  FOR  THE  PREPARATION  FOR  MAILING,  IF
 NECESSARY, SHALL BE TWO DOLLARS PER REQUEST.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.

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Senate Bill S1629A

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Sponsored By

James Skoufis

Archive: Last Bill Status - In Senate Committee Finance Committee

Bill Amendments

co-Sponsors

Alessandra Biaggi

Kevin S. Parker

Kevin Thomas

2019-S1629 - Details

2019-S1629 - Summary

2019-S1629 - Sponsor Memo

2019-S1629 - Bill Text download pdf

co-Sponsors

Alessandra Biaggi

Kevin S. Parker

Kevin Thomas

2019-S1629A (ACTIVE) - Details

2019-S1629A (ACTIVE) - Summary

2019-S1629A (ACTIVE) - Sponsor Memo

2019-S1629A (ACTIVE) - Bill Text download pdf

Comments