Authority of Public Agencies That Maintain Geographic Information Systems to Contract for the Provision of Services; Fees; Contract Provisions

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  1. Notwithstanding the provisions of Article 4 of Chapter 18 of Title 50, a county or municipality of the State of Georgia, a regional commission, or a local authority created by local or general law that has created or maintains a geographic information system in electronic form may contract to distribute, sell, provide access to, or otherwise market records or information maintained in such system and may license or establish fees for providing such records or information or providing access to such system.
  2. Any fees or license fees established pursuant to subsection (a) of this Code section shall be based upon the recovery of the actual development cost of creating or providing the geographic information system and upon the recovery of a reasonable portion of the costs associated with building and maintaining the geographic information system. The fees may include cost to the county, municipality, regional commission, or local authority of time, equipment, and personnel in the creation, purchase, development, production, or update of the geographic information system.
  3. Any contract authorized by subsection (a) of this Code section shall include provisions that:
    1. Protect the security and integrity of the system;
    2. Limit the liability of the county, municipality, regional commission, or local authority for providing the services and products;
    3. Restrict the duplication and resale of the services and products provided; and
    4. Ensure that the public is fairly and reasonably compensated for the records or information or access provided.
  4. A county, municipality, a regional commission, or local authority may contract with a private person or corporation to provide the geographic information system records or information or access to the system to members of the public as authorized by this Code section.

(Code 1981, §50-29-2, enacted by Ga. L. 2001, p. 804, § 1; Ga. L. 2008, p. 181, § 18/HB 1216; Ga. L. 2012, p. 218, § 17/HB 397.)

The 2012 amendment, effective April 17, 2012, substituted "the provisions of Article 4 of Chapter 18 of Title 50" for "subsection (f) of Code Section 50-18-71 or Code Section 50-18-71.2" at the beginning of subsection (a).

Editor's notes.

- Ga. L. 2000, p. 249, § 13, repealed former Code Section 50-29-2, pertaining to legislative findings and intent in enacting the Information Technology Policy Act, effective July 1, 2000. The former Code section was based on Ga. L. 1995, p. 761, § 1.


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