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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4677A
SPONSOR: Paulin 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
STATE OF NEW YORK
________________________________________________________________________
4677--A
2021-2022 Regular Sessions
IN ASSEMBLY
February 4, 2021
___________
Introduced by M. of A. PAULIN, GALLAGHER, SEAWRIGHT, JACKSON, GALEF --
read once and referred to the Committee on Governmental Operations --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
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:
1 Section 1. Subparagraph iii of paragraph (b) of subdivision 1 of
2 section 87 of the public officers law, as amended by chapter 223 of the
3 laws of 2008, is amended to read as follows:
4 iii. the fees for copies of records which shall not exceed twenty-five
5 cents per photocopy not in excess of nine inches by fourteen inches, or
6 the actual cost of reproducing any other record in accordance with the
7 provisions of paragraph (c) of this subdivision, except when a different
8 fee is otherwise prescribed by statute. In the case where an identical
9 record has been prepared for a previous request within the past 6 months
10 and an electronic copy is available, an agency shall not charge a fee.
11 If more than one request is made for an identical record before any such
12 request has been fulfilled, any fees charged by the agency under this
13 subparagraph shall be apportioned equally among the requestors.
14 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06106-02-1
