Assembly Bill A4558

2023-2024 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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Current 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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2023-A4558 (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
2011-2012: A3180
2013-2014: A3927
2015-2016: A2654
2017-2018: A2636
2019-2020: A1790
2021-2022: A1707

2023-A4558 (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; authorizes the imposition of fees for copies of such materials which do not exceed the fair market value of the materials; establishes 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.

2023-A4558 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4558
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 16, 2023
                                ___________
 
 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.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09408-01-3

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