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Assembly Bill A6323

2009-2010 Legislative Session

Requires agencies to make accessible via the Internet certain information acquired from private entities in "read only" format

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Archive: Last Bill Status - In Assembly Committee

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2009-A6323 (ACTIVE) - Details

Current Committee:
Assembly Governmental Operations
Law Section:
Public Officers Law
Laws Affected:
Amd ยง87, Pub Off L
Versions Introduced in 2011-2012 Legislative Session:
A5459

2009-A6323 (ACTIVE) - Summary

Requires that information available under FOIL which is supplied on software provided by a private entity and such software is copyrighted, patented or licensed to prevent its reproduction to be made available to the public via the Internet is "read only" format.

2009-A6323 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6323

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              March 2, 2009
                               ___________

Introduced by M. of A. TOWNS, WALKER, ALFANO -- Multi-Sponsored by -- M.
  of  A. GORDON, JOHN, MILLMAN, PEOPLES -- read once and referred to the
  Committee on Governmental Operations

AN ACT to amend the public officers law, in relation to access to agency
  information

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision 1 of section 87 of the public officers law is
amended by adding a new paragraph (d) to read as follows:
  (D) I. WHEN INFORMATION CONTAINED IN A RECORD IS AVAILABLE UNDER  THIS
ARTICLE, AND WHEN AN AGENCY MAINTAINS SUCH INFORMATION BY MEANS OF SOFT-
WARE  ACQUIRED  FROM  A PRIVATE ENTITY, AND THE SOFTWARE IS COPYRIGHTED,
PATENTED OR LICENSED TO PREVENT ITS UNAUTHORIZED  USE  OR  REPRODUCTION,
THE AGENCY SHALL MAKE THE AVAILABLE INFORMATION ACCESSIBLE TO THE PUBLIC
VIA  THE  INTERNET,  FREE OF CHARGE, SO LONG AS INFORMATION CAN BE "READ
ONLY".
  II. INFORMATION DESCRIBED IN SUBPARAGRAPH I OF THIS PARAGRAPH SHALL BE
AVAILABLE FOR VIEWING OR INSPECTION,  BUT  SOFTWARE  DESCRIBED  IN  SUCH
SUBPARAGRAPH  I  SHALL  BE  EXEMPTED  FROM  ALL  INSPECTION  AND COPYING
REQUIREMENTS OF THIS ARTICLE.
  III. NOTHING CONTAINED IN THIS PARAGRAPH SHALL PROHIBIT AN AGENCY FROM
MAKING INFORMATION DESCRIBED IN SUBPARAGRAPH I OF THIS PARAGRAPH  AVAIL-
ABLE  BY  MEANS OF CD-ROM OR SIMILAR INFORMATION STORAGE MEDIUM, SO LONG
AS SUCH INFORMATION CAN BE "READ ONLY".
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08646-01-9

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