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.
Summary
This bill amends the New York Public Officers Law to give state and municipal agencies more explicit authority over geographic information systems (GIS) materials that are disclosed under the Freedom of Information Law (FOIL). Agencies that hold or produce GIS materials could adopt rules governing how those materials may be used, distributed, duplicated, sold, or resold after disclosure. The bill also allows agencies to charge fees for copies of GIS materials, but only up to the materials’ fair market value.
The measure requires any agency rules and fee-setting practices to be consistent with guidelines issued by the Committee on Open Government. If an applicant believes a fee exceeds fair market value, the applicant may appeal to the agency head or governing body, which must decide within ten business days whether to approve or reduce the fee. The agency must also send the appeal and its determination to the Committee on Open Government.
Impact
The bill would create a specific statutory framework for handling GIS records under FOIL, carving out special treatment for these materials compared with ordinary public records. It would authorize agencies to impose use restrictions and charge market-based fees for copies, potentially affecting access, reuse, and commercial redistribution of government mapping and spatial data. The bill would also add an administrative appeal process for fee disputes and reinforce the role of the Committee on Open Government in setting guidance.
Sentiment
Based on the bill text and caption, the measure appears to be framed as a management and cost-recovery bill rather than a broad access restriction, with an emphasis on consistency with open-government rules and a built-in appeal process. No committee transcript or vote record was provided, so there is no documented floor or committee sentiment to assess. The available context suggests the bill is intended to balance public access to GIS records with agency control over distribution and recovery of copying costs.
Contention
The main point of contention is likely to be whether agencies should be allowed to impose special conditions and fees on GIS materials that are otherwise subject to FOIL. Supporters would likely argue that GIS data can be costly to produce and maintain, and that fair-market-value fees and reuse rules protect public investments and prevent uncompensated commercial exploitation. Opponents would likely worry that the bill could create barriers to access, increase costs for requesters, and give agencies too much discretion over the downstream use of public data, even with the appeal process and Open Government oversight.
Authorizing the adoption of certain rules and regulations related to hazardous waste monitoring and permit application fees by the Kansas department of health and environment.
Requires all agencies to submit to the committee on open government a log of all freedom of information law requests for each year in which they received or have pending a request for records; requires the committee on open government to publish, on one webpage, all freedom of information law request logs it receives.
Establishing the born to invest act and requiring the office of vital statistics to provide data to the office of the state treasurer for the distribution of informational materials regarding certain government-administered savings accounts.
Establishing the born to invest act and requiring the office of vital statistics to provide data to the office of the state treasurer for distribution of informational materials regarding certain government-administered savings accounts.
Relating to compliance with the public information law by governmental bodies and the imposition of charges for providing copies of public information under that law; providing a civil penalty.
Establishing the born to invest act and requiring the office of vital statistics to provide data to the office of the state treasurer for the distribution of informational materials regarding certain government-administered savings accounts.