7.__Nonstate data custodian. "Nonstate data custodian" means any agency or instrumentality of a political subdivision of the State.

8.__ Public geographic information.__"Public geographic information" means public information that is referenced to a physical location.__Public geographic information includes, but is not limited to, physical, legal, economic or environmental information or characteristics concerning land, water, groundwater, subsurface resources or air in this State relating to:

A.__Topography, soil, soil erosion, geology, minerals, vegetation, land cover, wildlife and associated natural resources;

B.__Land ownership, land use, land use controls and restrictions, jurisdictional boundaries, tax assessment, land value and land survey records and references; and

C.__Geodetic control networks, aerial photographs, maps, planimetric data, remote sensing data, historic and prehistoric sites and economic projections.

9.__Public information.__"Public information" means information that is stored, gathered, generated, maintained or financed by a data custodian.__Information of state and nonstate data custodians is public information only if it is either:

A.__A public record under Title 1, section 402, subsection 3; or

B.__Otherwise expressly authorized by law to be released.

The presence of data in the library does not, by itself, make that information a public record.

10.__State data custodian.__"State data custodian" means any branch, agency or instrumentality of State Government.

11.__State funds.__"State funds" means bond revenues and money appropriated or allocated by the Legislature.

1890-K.__Maine Public Library of Geographic Information Board

1.__Purposes and duties.__The Maine Public Library of Geographic Information Board, as established by section 12004-G, subsection 30-B, has the following purposes and duties:

A.__To oversee the Maine Public Library of Geographic Information to ensure that it operates as a coordinated, cost-effective electronic gateway providing public access to data custodians' public geographic information.__Nothing in this paragraph may be construed to affect the rights of persons to inspect or copy public records under Title 1, chapter 13, subchapter I, or the duty of data custodians to provide for public inspection and copying of those records;

B.__To establish and maintain standards, rules and policies for nonstate data custodians' geographic information that is incorporated into the Maine Public Library of Geographic Information.__These standards, rules and policies must be consistent with the standards, rules and policies set by the Information Services Policy Board established in section 1891 that govern state data custodians' information technology.__The geographic information board shall adopt rules to carry out this subchapter.__Rules adopted pursuant to this paragraph are routine technical rules as defined in chapter 375, subchapter II-A.__Standards and policies may concern, without limitation:

(1)__Methods of access and delivery of information held by the library;

(2)__Geographic information system technical specifications;

(3)__Data content, metadata and security, including guideline criteria for accepting 3rd-party data from data custodians or data volunteered by the private sector;

(4)__Privacy and privacy protection;

(5)__Mechanisms to correct inaccuracies; and

(6)__Data validation tools and processes;

C.__To reduce redundancies in the creation, verification and maintenance of public geographic information and to enhance its utility for complex analyses.

(1)__Each state data custodian, or its designee, that acquires, purchases, verifies, maintains or produces geographic information with state funds or grants shall:

(a)__Inform the geographic information board and the Office of Geographic Information Systems of the existence of this information and its geographic extent; and

(b)__Upon request, provide to the library and office an electronic copy of all information classified as public, in a form compatible with Information Services Policy Board standards.

(2)__Each nonstate data custodian, or its designee, that acquires, purchases, verifies, maintains or produces geographic information with state funds specifically provided for that purpose shall:

(a)__Inform the geographic information board and the Office of Geographic Information Systems of the existence of this information and its geographic extent; and

(b)__Upon request, provide to the library and office an electronic copy of all information classified as public, in a form compatible with Information Services Policy Board standards;

D.__To set priorities and authorize the expenditure of state funds, including awarding of grants or subgrants to data custodians when available.__The geographic information board may seek federal and other funding partners, accept gifts and grants and expend the funds acquired for purposes consistent with this Act;

E.__To promote innovative uses of geographic information through the provision of verified, coordinated, intergovernmental information via the Maine Public Library of Geographic Information.__The geographic information board shall seek advice from the general public, professional associations, academic groups and institutions and individuals with knowledge of and interest in geographic information regarding needed information and potential innovative uses of geographic information;

F.__To enter partnerships to promote the purposes of this Act;

G.__To hear and resolve disputes that may arise between data custodians or with respect to information to be placed in the Maine Public Library of Geographic Information, enforcement of geographic information board standards, rules

or policies or other related matters.__Complainants may directly present their case to the geographic information board, which has the power to hold investigations, inquiries and hearings concerning matters brought to its attention and to make decisions with respect to the case.__All interested parties must be given reasonable notice of the hearing and an opportunity to be heard.__Hearings must be open to the public;

H. To conduct studies relating to the coordination, development and use of statewide geographic information; and

I.__To report annually beginning January 1, 2004 to the joint standing committees of the Legislature having jurisdiction over natural resources matters, and state and local government matters.__The report must provide a review the past year's activities, including, but not limited to, a description of standards adopted, data added to the library, partnerships established, disputes addressed, studies conducted and financial activity.__The library shall also make this report available to the public.__This report may also include suggested legislative language intended to address geographic information issues needing legislative action.

2.__Membership.__The geographic information board consists of 15 voting members as follows:

A.__The Commissioner of Administrative and Financial Services or the commissioner's designee;

B.__The Chief Information Officer or the Chief Information Officer's designee;

C.__Two members, or their designees, who are responsible for overseeing GIS functions of state departments that are data custodians of geographic information, appointed by the Governor;

D.__Eight representatives as follows:

(1)__A representative of the University of Maine System, appointed by the Chancellor of the University of Maine System;

(2)__Two representatives of a statewide association of municipalities, one representative appointed by the President of the Senate from nominations made by the association's governing body and one representative

appointed by the Speaker of the House from nominations made by the association's governing body;

(3)__One representative of a statewide association of regional councils, appointed by the Speaker of the House from nominations made by the State Planning Office within the Executive Department;

(4)__One representative of a statewide association of counties, appointed by the Governor from nominations made by the association's governing body;

(5)__One representative of a statewide association representing real estate and development interests, appointed by the President of the Senate;

(6)__One representative of a statewide association representing environmental interests, appointed by the Speaker of the House; and

(7)__One member representing public utilities, appointed by the Governor;

E.__Two members of the private sector representing geographic information vendors, one member appointed by the President of the Senate and one member appointed by the Speaker of the House; and

F.__One public member, appointed by the President of the Senate.

The terms for the members appointed pursuant to paragraph D are for a period of 3 years, except that initially the terms for members appointed pursuant to paragraph D, subparagraphs (1), (2) and (3) are for 2 years; the terms for members appointed pursuant to paragraph D, subparagraphs (4) and (5) are for 3 years; and the terms for members appointed pursuant to paragraph D, subparagraphs (6) and (7) are for 4 years.__The term for members appointed pursuant to paragraphs E and F is for 3 years.__A member who designates another person to serve on the geographic information board as that member's designee shall provide written notice to the geographic information board's staff of the name and title of the designee.__Appointing authorities shall make their initial appointments and provide written notice of the appointments to the geographic information board's staff no later than September 1, 2002.

3.__Board chair.__The geographic information board shall annually elect a chair from its membership at the first meeting in each year.

4.__Staff.__Staff support to the geographic information board is provided by the Department of Administrative and Financial Services.

5.__Quorum; action.__Eight members of the geographic information board constitute a quorum.__The affirmative vote of 7 members is necessary for any action taken by the geographic information board.__A vacancy in the membership of the geographic information board does not impair the right of a quorum to exercise all the powers and perform the duties of the geographic information board.__The geographic information board may use video conferencing and other technologies to conduct its business but is not exempt from Title 1, chapter 13, subchapter I.

6. Meetings.__The geographic information board shall meet at the call of the chair but not less than quarterly.__Notice must be provided no less than 5 working days prior to the meeting.__ Notice may be in writing by facsimile or electronic transmission.

7.__Memorandum of understanding.__Information to be provided by a nonstate data custodian or its designee to the Maine Public Library of Geographic Information is governed by a memorandum of understanding between the geographic information board or its designee and the nonstate data custodian or its designee.

8.__Data custodian responsibilities.__Federal and nonstate data custodians may voluntarily contribute data to the Maine Public Library of Geographic Information, except that data developed with state funds must be submitted to the library.__ Data custodians or their designees are responsible for:

A.__Ensuring that the public information is accurate, complete and current through the creation of adequate procedures;

B.__Updating source databases following verification of suggested corrections that users submit in accordance with geographic information board standards;

C.__Complying with standards adopted by the geographic information board; and

D.__Providing reasonable safeguards to protect confidentiality.

§1890-L.__Liability

The geographic information board and any of the parties submitting data to the Maine Public Library of Geographic

Information for public use may not be held liable for any use of those data.

§1890-M.__Copyrights and fees

Copyright or licensing restrictions may not be fixed by the geographic information board or data custodians to the information made available through the Maine Public Library of Geographic Information.__The geographic information board may set fees for electronic copies of library data that are no more than 3 times the actual cost of reproduction.__Fee schedules must be set annually and made readily available to requestors.

Sec. 2. 5 MRSA §12004-G, sub-§30-B is enacted to read:

30-B. Maine Public Expenses 5 MRSA

Public Library of Only §1890-K

Information Geographic

Information

Board

SUMMARY

This bill creates the Maine Public Library of Geographic Information.