Prohibits agencies from charging for the process of a FOIL request made by state and local agencies or the state legislature.
Ayes (31): Kruger, Krueger, Stachowski, Oppenheimer, Montgomery, Duane, Parker, Stavisky, Dilan, Stewart-Cousins, Thompson, Breslin, Diaz, Espada, Klein, Perkins, Peralta, DeFrancisco, Johnson O, Volker, LaValle, Seward, Saland, Farley, Hannon, Larkin, Nozzolio, Leibell, Maziarz, Marcellino, Robach
Ayes W/R (2): Valesky, Padavan
Ayes (58): Adams, Addabbo, Alesi, Aubertine, Bonacic, Breslin, DeFrancisco, Diaz, Dilan, Duane, Espada, Farley, Flanagan, Foley, Fuschillo, Griffo, Hannon, Hassell-Thomps, Huntley, Johnson C, Johnson O, Klein, Krueger, Kruger, Lanza, Larkin, LaValle, Leibell, Libous, Little, Marcellino, Maziarz, McDonald, Montgomery, Nozzolio, Onorato, Padavan, Parker, Peralta, Perkins, Ranzenhofer, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stachowski, Stavisky, Stewart-Cousins, Thompson, Valesky, Volker, Winner, Young
Excused (4): Golden, Morahan, Oppenheimer, Schneiderman
BILL NUMBER: S4812A
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 OR GENERAL IDEA OF BILL : To ensure that branches of the state government or the government 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 that stipulates that state agencies of a city of a population over one million shall not charge other state and local agencies or the state legislature fees for requests made pursuant to the article related to the official performance of their duties.
Section two sets out 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.
PRIOR LEGISLATIVE HISTORY : None.
FISCAL IMPLICATIONS : None.
EFFECTIVE DATE : This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 4812--A 2009-2010 Regular Sessions IN SENATE April 27, 2009 ___________Introduced by Sen. C. JOHNSON -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government Operations -- reported favorably from said committee and committed to the Committee on Finance -- 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 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: Section 1. Section 87 of the public officers law is amended by adding a new subdivision 6 to read as follows: 6. NOTWITHSTANDING PARAGRAPHS (B) AND (C) OF SUBDIVISION ONE OF THIS SECTION, AGENCIES CONSTITUTING PART OF THE STATE GOVERNMENT OR THE GOVERNMENT OF A CITY OF ONE MILLION PEOPLE OR MORE SHALL NOT CHARGE OTHER STATE AND LOCAL AGENCIES, OR THE STATE LEGISLATURE, FEES FOR THE PROCESSING OF A REQUEST MADE IN FURTHERANCE OF THE PERFORMANCE OF THE OFFICIAL DUTIES OF THAT AGENCY OR THE STATE LEGISLATURE PURSUANT TO THIS ARTICLE. HOWEVER, NOTHING IN THIS SUBDIVISION SHALL AUTHORIZE OR REQUIRE ANY CHARGES OR FEES FOR THE PROCESSING OF SUCH A REQUEST NOT AUTHORIZED OR REQUIRED PRIOR TO THE EFFECTIVE DATE OF THIS SUBDIVISION. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10729-08-9