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.
STATE OF NEW YORK
________________________________________________________________________
5459
2011-2012 Regular Sessions
IN ASSEMBLY
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 § 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
