256.670. Definitions--geographical information system, public access--community creation of system--fee--licensing of system, factors--construction of law--liability shield.
Definitions--geographical information system, publicaccess--community creation of system--fee--licensing of system,factors--construction of law--liability shield.
256.670. 1. As used in this section, the following terms mean:
(1) "Community", any municipality as defined in this section;
(2) "Geographical information system", a computerized, spatialcoordinate mapping and relational data base technology which:
(a) Captures, assembles, stores, converts, manages, analyzes,amalgamates and records, in the digital mode, all kinds and types ofinformation and data;
(b) Transforms such information and data into intelligence andsubsequently;
(c) Retrieves, presents and distributes that intelligence to a userfor use in making the intelligent decisions necessary for sound management;
(3) "Municipality", any city with a population of three hundred fiftythousand or more inhabitants which is located in more than one county.
2. In the interest of maintaining community governments open andaccessible to the public, information gathered by communities for use in ageographical information system, unless properly made a closed record,should be available to the public. However, access to the information in away by which a person could render the investment of the public in ageographical information system a special benefit to that person, and notto the public, should not be permitted.
3. Any community as defined in this section may create a geographicalinformation system for the community. The scope of the geographicalinformation system shall be determined by the governing body of thecommunity. The method of creation, maintenance, use and distribution ofthe geographical information system shall be determined by the governingbody of the community.
4. The information collected or assimilated by a community for use ina geographical information system shall not be withheld from the public,unless otherwise properly made a closed record of the community as providedby section 610.021, RSMo. The information collected or assimilated by acommunity for use in a geographical information system need not bedisclosed in a form which may be read or manipulated by computer, absent alicense agreement between the community and the person requesting theinformation.
5. Information collected or assimilated by a community for use in ageographical information system and disclosed in any form, other than in aform which may be read or manipulated by computer, shall be provided for areasonable fee, as established by section 610.026, RSMo. A communitymaintaining a geographical information system shall make maps and otherproducts of the system available to the public. The cost of the map orother product shall not exceed a reasonable fee representing the cost tothe community of time, equipment and personnel in the production of the mapor other product. A community may license the use of a geographicalinformation system. The cost of licensing a geographical informationsystem may reflect the:
(1) Cost to the community of time, equipment and personnel in theproduction of the information in a geographical information system or theproduction of the geographical information system;
(2) Cost to the community of the creation, purchase, or otheracquisition of the information in a geographical information system or ofthe geographical information system; and
(3) Value of the commercial purpose, if any, for which theinformation in a geographical information system or a geographicalinformation system is to be used.
6. The provisions of this section shall not hinder the daily orroutine collection of data, as defined in section 569.093, RSMo, from thegeographical information system by real estate brokers and agents, titlecollectors, developers, surveyors, utility companies, banks, or mortgagecompanies, nor shall the provisions allow for the charging of fees for thecollection of such data exceeding that allowed pursuant to section 610.026,RSMo. The provisions of this section, however, shall allow a communitymaintaining a geographical information system to license and establishcosts for the use of the system's computer program and computer software,as defined in section 569.093, RSMo.
7. A community distributing information used in a geographicalinformation system or distributing a geographical information system shallnot be liable for any damages which may arise from any error which mayexist in the information or the geographical information system.
(L. 1995 H.B. 452, et al. § 3)