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.
S T A T E O F N E W Y O R K
________________________________________________________________________
7510
2025-2026 Regular Sessions
I N A S S E M B L Y
March 28, 2025
___________
Introduced by M. of A. PRETLOW -- read once and referred to the Commit-
tee 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 agen-
cies
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, 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 SUBDIVI-
SION, 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 COMMIT-
TEE 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.
LBD10714-01-5
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