What's happening
This bill allows New York agencies to set rules and fair market value fees for access to geographic information systems materials, with an appeal process for disputed fees.
Why it matters
Agencies can now control how Geographic Information Systems (GIS) materials are used and distributed. , meaning they can set rules on who can access, copy, sell, or resell these valuable data sets, which could impact businesses, researchers, or the public who rely on this information.
Fees for GIS materials must reflect fair market value, not just the cost of reproduction. , potentially increasing the cost for users but also ensuring agencies can recoup the true value of creating and maintaining these specialized datasets.
There is a formal appeal process if someone thinks the fee is unfairly high. , requiring agencies to respond within ten business days and to involve the state’s Committee on Open Government, which adds accountability and a check against excessive fees.
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Who cares
Headline styles
Let Agencies Regulate GIS Data
Plain English, a few words. Used as the page title.
Sponsors
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History
- Referred to governmental operations
- Referred to governmental operations
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2636
2017-2018 Regular Sessions
IN ASSEMBLY
January 20, 2017
Introduced by M. of A. PRETLOW -- read once and referred to the Committee 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 agencies
The People of the State of New York, represented in Senate and Assembly, 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 subdivision, 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 committee 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.
LBD05614-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.