(1) An intergovernmental group may impose and collect reasonable fees based on market prices or competitive bids for geographic data that have commercial value and are an entire formula, pattern, compilation, program, device, method, technique, process, database or system developed with a significant expenditure of public funds. An intergovernmental group may enter into agreements with private persons or entities to assist with marketing such products. Notwithstanding any other provision of law, intergovernmental group software product programming source codes, object codes and geographic databases or systems are confidential and exempt from public disclosure under ORS 192.502. Nothing in this section authorizes an intergovernmental group to restrict access to public records through inclusion of such records in a geographic database or system.
(2) Fees collected under subsection (1) of this section shall be used:
(a) For maintenance of the formula, pattern, compilation, program, device, method, technique, process, database or system; and
(b) To provide services through the formula, pattern, compilation, program, device, method, technique, process, database or system to public bodies paying a service charge to the intergovernmental group.
(3) As used in this section, “intergovernmental group” means two or more units of local government that have entered into a written agreement under ORS 190.010. [1991 c.335 §2]
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