ACCESS TO GEOGRAPHICAL INFO - S.B. 1362: FLOOR ANALYSIS

Senate Bill 1362 (as reported without amendment)

Sponsor: Senator Bill Bullard, Jr.

Committee: Government Operations

CONTENT

The bill would amend the Enhanced Access to Public Records Act to allow a public body to provide another public body with access to or output from its geographical information system for the official use of that other public body, without charging a fee, if the access were provided in accordance with a written intergovernmental agreement. The agreement would have to state that the public body receiving access or output would be prohibited from providing access to the system's output to a third party unless that public body did both of the following:

-- Collected from the third party a fee, or waived that fee in accordance with the terms of the intergovernmental agreement.

-- Conveyed to the providing public body that portion of any fee collected from the third party that was directly attributable to the operating expenses of the providing public body in furnishing the output from the system to the third party.

The agreement also would have to specify the public purpose for which access to or output from the system was being provided, and specify the portion of any fee collected from a third party that the receiving public body would convey to the providing public body.

A public body that received access to or output from a system under an intergovernmental agreement could collect a reasonable fee from a third party to whom it provided access to the output. The fee would include amounts that enabled the providing and receiving public bodies to recover over time their operating expenses directly related to providing access or output to a third party.

MCL 15.442 & 15.553 - Legislative Analyst: S. Lowe

FISCAL IMPACT

The bill would have an indeterminate impact on State and local government. Under the bill, public bodies could recover costs related to geographic information systems from third parties.

Date Completed: 11-16-98 - Fiscal Analyst: B. Bowerman

FLOOR\SB1362 - Analysis available @ http://www.michiganlegislature.org

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.