Amd §87, Pub Off L (as proposed in S.4863-A & A.4677-A)
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 except for the actual cost of a storage device or media if provided to the requester.
STATE OF NEW YORK
________________________________________________________________________
2220
2023-2024 Regular Sessions
IN SENATE
January 19, 2023
___________
Introduced by Sen. SKOUFIS -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
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 a chapter of the
3 laws of 2022 amending the public officers law relating to prohibiting
4 agencies from charging a fee for records where an electronic copy is
5 already available from a previous request made within the past six
6 months, as proposed in legislative bills numbers S. 4863-A and A.
7 4677-A, is amended to read as follows:
8 iii. except when a different fee is otherwise prescribed by statute:
9 (1) the fees for paper copies of records [which] shall not exceed
10 twenty-five cents per photocopy not in excess of nine inches by fourteen
11 inches, or the actual cost of reproducing any other record in accordance
12 with the provisions of paragraph (c) of this subdivision[, except when a
13 different fee is otherwise prescribed by statute].
14 (2) In the case where an identical record has been prepared for a
15 previous request within the past 6 months and an electronic copy is
16 available, an agency shall not charge a fee[. If more than one request
17 is made for an identical record before any such request has been
18 fulfilled, any fees charged by the agency under this subparagraph shall
19 be apportioned equally among the requestors] for the reproduction of
20 such record, except for the actual cost of a storage device or media if
21 one is provided to the requester in complying with such request.
22 § 2. This act shall take effect on the same date and in the same
23 manner as a chapter of the laws of 2022 amending the public officers law
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03966-01-3
S. 2220 2
1 relating to prohibiting agencies from charging a fee for records where
2 an electronic copy is already available from a previous request made
3 within the past six months, as proposed in legislative bills numbers S.
4 4863-A and A. 4677-A, takes effect.
