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A00733 Summary:

BILL NOA00733
 
SAME ASNo Same As
 
SPONSORRosenthal L (MS)
 
COSPNSRPaulin, Jaffee, DenDekker
 
MLTSPNSRDinowitz, Peoples-Stokes
 
Amd 87, Pub Off L
 
Prohibits agencies from charging for the process of a FOIL request made by state and local agencies or the state legislature.
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A00733 Actions:

BILL NOA00733
 
01/09/2019referred to governmental operations
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A00733 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A733
 
SPONSOR: Rosenthal L (MS)
  TITLE OF BILL: An act to amend the public officers law, in relation to prohibiting certain agencies from charging for the process of a FOIL request made by state and local agencies or the state legislature   PURPOSE: This bill ensures that branches of the state government or the govern- ment of a city of a population over one million will not charge other branches of the state government for requesting information under FOIL.   SUMMARY OF SPECIFIC PROVISIONS: Section one amends section 87 of the public officers law by adding a new subdivision 6. Section two sets forth the effective date.   JUSTIFICATION: Currently, if a member of the State Legislature FOILs information from a city or State department, then they must pay the fees related to that request. This transfer of funds around from one section of government to another is inefficient and unnecessary. Those doing government-related work should not feel constricted by unnecessary fees when attempting to gather information from other parts of the government.   LEGISLATIVE HISTORY: 2017-18: A.5047 - Referred to Governmental Operations; S.7023 - Reported to Finance 2015-16: A.939 - Referred to Governmental Operations 2013-14: A.726 - Reported to Rules 2011-12: A.1727 - Ordered to Third Reading Rules Calendar 2009-10: A.7471-A - Vetoed; S.4812-C - Vetoed   FISCAL IMPLICATIONS: None to the State.   EFFECTIVE DATE: This act shall take effect immediately.
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A00733 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           733
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 9, 2019
                                       ___________
 
        Introduced  by  M.  of  A.  L. ROSENTHAL,  PAULIN,  JAFFEE, DenDEKKER --
          Multi-Sponsored by -- M. of A. DINOWITZ, PEOPLES-STOKES --  read  once
          and referred to the Committee on Governmental Operations
 
        AN  ACT  to  amend  the  public officers law, in relation to prohibiting
          certain agencies from charging for the process of a FOIL request  made
          by state and local agencies or the state legislature
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 87 of the public officers law is amended by  adding
     2  a new subdivision 6 to read as follows:
     3    6.  Notwithstanding  paragraphs (b) and (c) of subdivision one of this
     4  section, agencies constituting part  of  the  state  government  or  the
     5  government  of  a  city  of  one million people or more shall not charge
     6  other state and local agencies, or the state legislature, fees  for  the
     7  processing  of  a  request made in furtherance of the performance of the
     8  official duties of that agency or the state legislature pursuant to this
     9  article. However, nothing in this subdivision shall authorize or require
    10  any charges or fees for the processing of such a request not  authorized
    11  or required prior to the effective date of this subdivision.
    12    § 2. This act shall take effect immediately.
 
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03991-01-9
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