What's happening
This bill prohibits state and certain city agencies from charging other government agencies or the state legislature fees for processing FOIL requests.
Why it matters
Reduces inter-agency administrative costs. By eliminating FOIL processing fees for state and certain city agencies making requests to other government entities, the bill aims to streamline the sharing of information and lessen the bureaucratic burden of internal government transactions.
Promotes transparency and efficiency within government. Agencies and the state legislature will be able to access needed records from other agencies more easily, which can improve oversight, accountability, and coordination on public matters.
Limits scope to large cities and state agencies. The measure specifically targets state government and cities with populations over one million, so its primary impact will be felt in the largest urban centers (such as New York City) and at the state level, not in smaller municipalities.
Maintains status quo for fees not previously charged. The bill clarifies that it does not newly authorize or require agencies to impose fees where none existed before, so it prevents the accidental expansion of fee authority while ensuring current practices aren’t unintentionally disrupted.
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Who cares
Headline styles
Stop FOIL Fees for Agencies
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Reported and committed to finance
- Referred to investigations and government operations
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
End FOIL Fees for Agencies
In Assembly Committee · Governmental Operations · Sponsor Linda Rosenthal
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7023
IN SENATE (Prefiled)
January 3, 2018
Introduced by Sen. GOLDEN -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government 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 Assembly, 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.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05042-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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
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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.