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<br />" <br /> <br />'0 <br /> <br />A Study of GIS fo, the Colorado Department of Natu,al RtOSOurces <br /> <br />Octobe, 9. 1992 <br /> <br />who are similarly situated." This provision is aimed at the concern regarding equal <br />protection violations, if custodians are allowed to vary the fees charged based on the <br />requester's identity or the requester's public purpose or lack thereof. <br /> <br />Under the new legislation, the public policy could hypothetically allow the setting of <br />different price levels to include the following: <br /> <br />. Generation of revenues from commercial requesters to partially or fully offset the <br />costs of developing and maintaining the system to remove the public subsidy of <br />these requesters commercial activities; <br /> <br />. Regulating access to the system by casual requesters, with neither accountability <br />issues nor commercial intent, so that DNR personnel are not overwhelmed by <br />excessive requests for infonnation which would prevent them from performing <br />their regular work; <br /> <br />. Providing a means for low or no cost access to GIS data obtained for public <br />purposes, such as academic research, joumalism, or non-profit activity. <br /> <br />~ <br />-l <br />.. <br />~ <br /> <br />A GIS access policy which establishes reasonable classifications among various kinds of <br />users, permitting such users as other governmental entities, non-profit agencies, councils <br />of governments, journalists, and academic researchers to receive GIS products or services <br />at reduced or no cost, would meet a legitimate government goal of providing access to that <br />important data for public purposes in an efficient manner. Establishing reasonable fees for ' <br />products and services not within the sCope of the Public Records law will provide a <br />revenue stream to partially offset system costs, and will also help reduce frivolouS requests <br />for GIS products and services. <br /> <br />ISSUES OF UNDUE COMPETITION WITH PRIVATE SECTOR <br />BUSINESS <br /> <br />In Colorado, as in many states, there is a declared policy that states that government should <br />not unduly be in competition with private sector business in the provision of products or <br />services to the public. Colorado's laws addressing this policy are found in CRS 24-113- <br />101 et seq. In this statute, the General Assembly declares that its intent is to prevent state <br />agencies from using "facilities purchased or provided with state funds to provide goods or <br />services to the public for a fee when such action is in direct competition with private <br />companies that provide similar goods or services." CRS 24-113-101. <br /> <br />This blanket declaration appears to preclude the DNR from offering any information <br />products or services to the public for a fee, if there were any private firms ~g and able <br />to provide the same information. However, this is not the case. The specific clause which <br />applies to the issue of DNR providing geographic infonnation states "[a] state agency shall <br />not engage in the manufacturing, processing, sale, offering for sale, rental, Ie, asing, <br /> <br />431.7 <br /> <br />PlanG,aphics. Inc. <br /> <br />8 <br />