Bill Text: NY A05459 | 2011-2012 | General Assembly | Introduced

New York Assembly Bill 5459 (Prior Session Legislation)

Introduced

Bill Title: 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 be made available to the public via the Internet in "read only" format.

Spectrum: Moderate Partisan Bill (Democrat 7-2)

Status: (Introduced - Dead) 2011-04-20 - enacting clause stricken [A05459 Detail]

Download: New_York-2011-A05459-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5459
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 18, 2011
                                      ___________
       Introduced by M. of A. TOWNS, STEVENSON, MONTESANO, DenDEKKER, CAHILL --
         Multi-Sponsored  by  -- M. of A. GOODELL, McENENY, REILLY -- 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:
    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) I. WHEN INFORMATION CONTAINED IN A RECORD IS AVAILABLE UNDER  THIS
    4  ARTICLE, AND WHEN AN AGENCY MAINTAINS SUCH INFORMATION BY MEANS OF SOFT-
    5  WARE  ACQUIRED  FROM  A PRIVATE ENTITY, AND THE SOFTWARE IS COPYRIGHTED,
    6  PATENTED OR LICENSED TO PREVENT ITS UNAUTHORIZED  USE  OR  REPRODUCTION,
    7  THE AGENCY SHALL MAKE THE AVAILABLE INFORMATION ACCESSIBLE TO THE PUBLIC
    8  VIA  THE  INTERNET,  FREE OF CHARGE, SO LONG AS INFORMATION CAN BE "READ
    9  ONLY".
   10    II. INFORMATION DESCRIBED IN SUBPARAGRAPH I OF THIS PARAGRAPH SHALL BE
   11  AVAILABLE FOR VIEWING OR INSPECTION,  BUT  SOFTWARE  DESCRIBED  IN  SUCH
   12  SUBPARAGRAPH  I  SHALL  BE  EXEMPTED  FROM  ALL  INSPECTION  AND COPYING
   13  REQUIREMENTS OF THIS ARTICLE.
   14    III. NOTHING CONTAINED IN THIS PARAGRAPH SHALL PROHIBIT AN AGENCY FROM
   15  MAKING INFORMATION DESCRIBED IN SUBPARAGRAPH I OF THIS PARAGRAPH  AVAIL-
   16  ABLE  BY  MEANS OF CD-ROM OR SIMILAR INFORMATION STORAGE MEDIUM, SO LONG
   17  AS SUCH INFORMATION CAN BE "READ ONLY".
   18    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09271-01-1