Prohibits agencies from charging for the process of a FOIL request made by state and local agencies or the state legislature.
Summary
A01860 would amend the New York Public Officers Law to bar certain government agencies from charging fees when they process a Freedom of Information Law (FOIL) request made by another state or local agency, or by the state legislature, so long as the request is made in furtherance of the requesting entity’s official duties. The bill applies to agencies that are part of state government and to agencies of New York City, and it is aimed at intergovernmental FOIL requests rather than requests from the public.
The measure also states that it does not create any new authority or requirement to impose charges that were not already authorized before the bill takes effect. In practical terms, it would remove processing fees for qualifying government-to-government FOIL requests while leaving existing fee rules otherwise intact. The bill would take effect immediately upon enactment.
Impact
The bill would modify Section 87 of the Public Officers Law by adding a new subdivision that limits fee collection for FOIL processing in a specific set of intergovernmental requests. It would affect state agencies and New York City agencies that handle FOIL requests from other state or local agencies and from the state legislature, reducing or eliminating processing charges for those requests when they are tied to official duties. Public FOIL fee rules for ordinary requesters would remain unchanged.
Sentiment
Based on the bill text and available context, the bill appears to be a straightforward administrative reform with no recorded committee debate or vote history in the provided materials. Its purpose is narrow and procedural, suggesting a generally practical or efficiency-oriented intent rather than a controversial policy shift. Because no transcripts or votes are available, there is no documented opposition or support to gauge beyond the bill’s sponsor-driven introduction.
Contention
The main potential point of contention is the loss of fee revenue for agencies that currently charge for processing FOIL requests, especially in large city or state agencies that handle substantial volumes of records requests. Another possible issue is the scope of the exemption: the bill limits the no-fee rule to requests made in furtherance of official duties, which may require agencies to determine whether a requester qualifies. No specific objections or supporters are identified in the provided record.
Requires agencies subject to FOIL requirements to promulgate rules and regulations regarding to whom a requestor may appeal a denial and how to request records from or appeal a denial; makes certain provisions relating to publication of contact information for FOIL requests and appeals.
Requires agencies subject to FOIL requirements to promulgate rules and regulations regarding to whom a requestor may appeal a denial and how to request records from or appeal a denial; makes certain provisions relating to publication of contact information for FOIL requests and appeals.