What's happening
This bill allows agencies to set conditions and fair market value fees for access to geographic information systems materials, with an appeals process.
Why it matters
Agencies gain explicit authority to control how geographic information systems (GIS) data is used, shared, and resold, potentially impacting how businesses, researchers, and the public access and distribute valuable location data.
Fees for GIS data can be set up to fair market value, which may increase costs for those who previously accessed these materials at lower “actual cost” rates, potentially limiting access for smaller organizations or individuals.
All conditions and fees must align with guidelines from the Committee on Open Government, adding a layer of oversight and uniformity but potentially introducing new administrative processes and delays.
A formal appeals process is established for those who believe fees are excessive, providing a check on agency power but possibly requiring more effort and knowledge from users seeking to challenge high charges.
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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
1790
2019-2020 Regular Sessions
IN ASSEMBLY
January 17, 2019
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.
LBD05394-01-9
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.