NY State Senate Bill S4863A

senate Bill S4863A

Signed By Governor

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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Archive: Last Bill Status Via A4677 - Signed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed by Governor

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Actions

view actions (15)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 23, 2022	approval memo.60 signed chap.745
Dec 12, 2022	delivered to governor
May 23, 2022	returned to assembly passed senate 3rd reading cal.794 substituted for s4863a
May 23, 2022	substituted by a4677a
Apr 27, 2022	advanced to third reading
Apr 26, 2022	2nd report cal.
Apr 25, 2022	1st report cal.794
Jan 05, 2022	referred to investigations and government operations
May 07, 2021	print number 4863a
May 07, 2021	amend (t) and recommit to investigations and government operations
Feb 16, 2021	referred to investigations and government operations

Votes

view votes

May 23, 2022 - floor Vote

A4677A

floor

Aye

Nay

Absent

Excused

Abstained

Apr 25, 2022 - Investigations and Government Operations committee Vote

S4863A

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Bill Amendments

Original

A (Active)

Original

A (Active)

Co-Sponsors

S4863 - Details

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

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.

S4863 - Sponsor Memo

 
BILL NUMBER: S4863

SPONSOR: KAPLAN
 
TITLE OF BILL:

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

 
PURPOSE:

To prohibit public agencies from charging a fee for requests for records
under the Freedom of Information Law in cases where an electronic copy
of the record is already available.

 
SUMMARY OF PROVISIONS:

Section one amends 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, by adding a requirement that agencies not charge a fee for
requested records in the case where the requested record has been

prepared for a previous purpose, and an electronic copy is available.

Section two provides the effective date.

 
JUSTIFICATION:

Under the Freedom of Information Law, records may be requested from
public agencies, and those agencies can charge fees for the reproduction
and photocopying of requested records, including, under certain circum-
stances, the staff time expended to prepare the record.

In cases where a public record has been previously requested and exists
in the form of an electronic copy, the agency that furnished the record
can provide an electronic copy of that record upon subsequent request at
no additional cost to the agency. In those circumstances, agencies
should not be able to charge a fee for the original time taken to
produce the record.

Section 84 of the public officers law says that, "The people's right to
know the process of . governmental decision-making and to review the
documents and statistics leading to determinations is basic to our soci-
ety." By eliminating fees for requested records that already exist as
electronic copies, this legislation would remove an unnecessary barrier
to the public's right to access government records.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
Immediately

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

S4863A (ACTIVE) - Details

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

S4863A (ACTIVE) - Summary

S4863A (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S4863A

SPONSOR: KAPLAN
 
TITLE OF BILL:

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

 
PURPOSE:

To prohibit public agencies from charging a fee for requests for records
under the Freedom of Information Law in cases where an electronic copy
of the record is already available.

 
SUMMARY OF PROVISIONS:

Section one amends 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, by adding a requirement that agencies not charge a fee for

requested records in the case where an identical record has been
prepared for a previous purpose within the past six months, and an elec-
tronic copy is available. If more than one request is made for an iden-
tical record before any such request has been fulfilled, any fees
charged by the agency under this subparagraph shall be apportioned
equally among the requestors.

Section two provides the effective date.

 
JUSTIFICATION:

Under the Freedom of Information Law, records may be requested from
public agencies, and those agencies can charge fees for the reproduction
and photocopying of requested records, including, under certain circum-
stances, the staff time expended to prepare the record.

In cases where a public record has been previously requested and exists
in the form of an electronic copy, the agency that furnished the record
can provide an electronic copy of that record upon subsequent request at
no additional cost to the agency. In those circumstances, agencies
should not be able to charge a fee for the original time taken to
produce the record.

Section 84 of the public officers law says that, "The people's right to
know the process of governmental decision-making and to review the docu-
ments and statistics leading to determinations is basic to our society."
By eliminating fees for requested records that already exist as elec-
tronic copies, this legislation would remove an unnecessary barrier to
the public's right to access government records.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
Immediately

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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The New York State Senate

senate Bill S4863A

Sponsored By

Archive: Last Bill Status Via A4677 - Signed by Governor

Your Voice

Actions

Votes

May 23, 2022 - floor Vote

Floor Vote: May 23, 2022

Apr 25, 2022 - Investigations and Government Operations committee Vote

Investigations and Government Operations Committee Vote: Apr 25, 2022

Bill Amendments

Co-Sponsors

S4863 - Details

S4863 - Summary

S4863 - Sponsor Memo

S4863 - Bill Text download pdf

Co-Sponsors

S4863A (ACTIVE) - Details

S4863A (ACTIVE) - Summary

S4863A (ACTIVE) - Sponsor Memo

S4863A (ACTIVE) - Bill Text download pdf

Comments

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senate Bill S4863A

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Sponsored By

Archive: Last Bill Status Via A4677 - Signed by Governor

Your Voice

Actions

Votes

May 23, 2022 - floor Vote

Floor Vote: May 23, 2022

Apr 25, 2022 - Investigations and Government Operations committee Vote

Investigations and Government Operations Committee Vote: Apr 25, 2022

Bill Amendments

Co-Sponsors

S4863 - Details

S4863 - Summary

S4863 - Sponsor Memo

S4863 - Bill Text download pdf

Co-Sponsors

S4863A (ACTIVE) - Details

S4863A (ACTIVE) - Summary

S4863A (ACTIVE) - Sponsor Memo

S4863A (ACTIVE) - Bill Text download pdf

Comments

Related Recent Legislation

Related Issues

Related News

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