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; authorizes the imposition of fees for copies of such materials which do not exceed the fair market value of the materials; establishes 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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4558
SPONSOR: Pretlow TITLE OF BILL:
An act to amend the public officers law, in relation to the provision of
geographic information systems materials by state and municipal agencies
PURPOSE:
To give the primary custodian of geographic information systems materi-
als the ability to: 1) Establish reasonable fees, not to exceed fair
market value, for the GIS materials and, 2) To prescribe the conditions
under which the recipient of the materials may use, distribute, dupli-
cate, sell or resell the materials.
SUMMARY OF PROVISIONS:
Subdivision 1 of section 87 of the Public Officers law is amended by
adding a new paragraph C, which would enable primary custodians of
geographic information systems materials, to establish reasonable, fair
market value fees for GIS materials and to prescribe conditions under
which the recipient may use, distribute, duplicate, sell or resell that
material.
JUSTIFICATION:
The Freedom of Information Law (FOIL) requires that government provide
GIS data (as well as other types of data and information) free-of-charge
upon request. Westchester County, as an agency subject to the Freedom of
Information Law, may only charge for the cost of reproducing the
requested materials.. GIS data was requested under FOIL and resold at a
high profit. The agency, or primary custodian of this data, had no
choice but to provide the requested materials and no ability to control
its future.
As a result of FOIL, many local governments are becoming increasingly
reluctant to initiate large-scale GIS data development projects because
they fear they will end up giving the information gathered away for free
once a FOIL request is made. Utilities, as well, are increasingly reluc-
tant to share GIS data with government, as they feel vulnerable that
their data will end up in the public domain.
LEGISLATIVE HISTORY:
2021-2022 A1707 referred to governmental operations
2019-2020 A1790 referred to governmental operations
2017-2018 A2636 referred to governmental operations
2015 -16 referred to governmental operations
2013-14 A3927 referred to governmental operations
2009/2010 A2679 referred to governmental operations
FISCAL IMPLICATIONS:
This proposal would generate additional revenue for local governments.
EFFECTIVE DATE:
Immediately.
