BILL NUMBER: S7842

SPONSOR: FELDER
 
TITLE OF BILL:

An act to amend the public officers law, in relation to allowing the
public to photograph records accessed through a FOIL request

 
PURPOSE OR GENERAL IDEA OF BILL:

To expressly allow a person who has been granted access to a public
record via a FOIL request to photograph, record, or otherwise electron-
ically transcribe an image of such record and prohibit additional charg-
es for such imaging.

 
SUMMARY OF PROVISIONS:

Section 1. Amends Subdivision 5 of section 87 of the public officers law
by adding a paragraph (c), allowing agencies to allow a person who has
been granted access to a record, to photograph, videotape, or electron-
ically transcribe an image of the record, without charging a fee for the
              

transcription.

Section 2. Establishes the effective date.

 
JUSTIFICATION:

Current Freedom of Information Law (FOIL) provisions allow a person to
view, physically transcribe, or memorize the contents of a provided
document or record, for inspection. A photographic image taken by a
person inspecting documentation should considered be no different from
physically transcribing that documentation. Further, since electronic
transcription options do not create any additional cost, beyond the
production of the document responsive to the FOIL request, no additional
fee should be charged in the event that a person, who has been granted
access to a record, wishes to photograph, record, or otherwise electron-
ically transcribe an image of such record.

 
PRIOR LEGISLATIVE HISTORY:

S7129 Martins of 2015-16: Died in Investigations and Government Oper-
ations

 
FISCAL IMPLICATIONS:

This legislation has no fiscal implications.

 
EFFECTIVE DATE:
This act takes effect the ninetieth day after it becomes a law.