Bill Text: NY A01790 | 2019-2020 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - referred to governmental operations [A01790 Detail]

Download: New_York-2019-A01790-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          1790
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 17, 2019
                                       ___________
        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:
     1    Section 1. Subdivision 1 of section 87 of the public officers  law  is
     2  amended by adding a new paragraph (d) to read as follows:
     3    (d)  Notwithstanding  the provisions of paragraph (b) of this subdivi-
     4  sion, every agency holding, keeping or producing geographic  information
     5  systems  materials  may  promulgate  rules  and regulations establishing
     6  conditions for the use, distribution, duplication,  sale  or  resale  of
     7  such  materials  by  any  person granted access thereto pursuant to this
     8  article. In  addition  an  agency  may  establish  fees  for  copies  of
     9  geographic information systems materials which shall not exceed the fair
    10  market value of such materials.  Any such rules and regulations shall be
    11  consistent  with  the  general  rules and regulations promulgated by the
    12  committee on open government, and the establishment of fees  for  copies
    13  shall  be  based on guidelines regarding fair market value issued by the
    14  committee on open government. If an applicant believes that an  agency's
    15  fee  is  greater  than  the fair market value of the record sought, that
    16  person may appeal to the head or governing body of the agency, who shall
    17  within ten business days of the receipt  of  such  appeal  determine  to
    18  approve  or  reduce  the fee in accordance with guidelines issued by the
    19  committee on open government. An agency in receipt  of  such  an  appeal
    20  shall  forward copies of the appeal and its determination to the commit-
    21  tee on open government.
    22    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05394-01-9