Assembly Bill A3180

2011-2012 Legislative Session

Authorizes state and municipal agencies to regulate use of geographic information systems materials after the disclosure thereof under freedom of information law

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Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2011-A3180 (ACTIVE) - Details

Current Committee:
Assembly Governmental Operations
Law Section:
Public Officers Law
Laws Affected:
Amd §87, Pub Off L
Versions Introduced in Other Legislative Sessions:
2009-2010: A2679
2013-2014: A3927
2015-2016: A2654
2017-2018: A2636
2019-2020: A1790
2021-2022: A1707
2023-2024: A4558

2011-A3180 (ACTIVE) - Summary

Authorizes state and municipal agencies to establish rules and regulations for the use, distribution, duplication, sale and resale of geographic information systems materials disclosed under the freedom of information law; also authorizes the imposition of fees for copies of such materials which do not exceed the fair market value of the materials; such rules and regulations shall be consistent with those adopted by the committee on open government; authorizes applicants to appeal the reasonableness of any fees imposed therefor.

2011-A3180 (ACTIVE) - Bill Text download pdf 

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

                                  3180

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 24, 2011
                               ___________

Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
  tee on Governmental Operations

AN ACT to amend the public officers law, in relation to the provision of
  geographic information systems materials by state and municipal  agen-
  cies

  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)  NOTWITHSTANDING  THE PROVISIONS OF PARAGRAPH (B) OF THIS SUBDIVI-
SION, EVERY AGENCY HOLDING, KEEPING OR PRODUCING GEOGRAPHIC  INFORMATION
SYSTEMS  MATERIALS  MAY  PROMULGATE  RULES  AND REGULATIONS ESTABLISHING
CONDITIONS FOR THE USE, DISTRIBUTION, DUPLICATION,  SALE  OR  RESALE  OF
SUCH  MATERIALS  BY  ANY  PERSON GRANTED ACCESS THERETO PURSUANT TO THIS
ARTICLE. IN  ADDITION  AN  AGENCY  MAY  ESTABLISH  FEES  FOR  COPIES  OF
GEOGRAPHIC INFORMATION SYSTEMS MATERIALS WHICH SHALL NOT EXCEED THE FAIR
MARKET VALUE OF SUCH MATERIALS.  ANY SUCH RULES AND REGULATIONS SHALL BE
CONSISTENT  WITH  THE  GENERAL  RULES AND REGULATIONS PROMULGATED BY THE
COMMITTEE ON OPEN GOVERNMENT, AND THE ESTABLISHMENT OF FEES  FOR  COPIES
SHALL  BE  BASED ON GUIDELINES REGARDING FAIR MARKET VALUE ISSUED BY THE
COMMITTEE ON OPEN GOVERNMENT. IF AN APPLICANT BELIEVES THAT AN  AGENCY'S
FEE  IS  GREATER  THAN  THE FAIR MARKET VALUE OF THE RECORD SOUGHT, THAT
PERSON MAY APPEAL TO THE HEAD OR GOVERNING BODY OF THE AGENCY, WHO SHALL
WITHIN TEN BUSINESS DAYS OF THE RECEIPT  OF  SUCH  APPEAL  DETERMINE  TO
APPROVE  OR  REDUCE  THE FEE IN ACCORDANCE WITH GUIDELINES ISSUED BY THE
COMMITTEE ON OPEN GOVERNMENT. AN AGENCY IN RECEIPT  OF  SUCH  AN  APPEAL
SHALL  FORWARD COPIES OF THE APPEAL AND ITS DETERMINATION TO THE COMMIT-
TEE ON OPEN GOVERNMENT.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02819-01-1

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