Sec. SS-1. 1 MRSA §535, sub-§1, ¶B, as enacted by PL 1997, c. 713, §1, is amended to read:
B. Procedures ensuring that executive branch and semiautonomous state agencies comply with the standards and policies adopted by the Information Services Policy Board Chief Information Officer of the Office of Information Technology within the Department of Administrative and Financial Services.
Sec. SS-2. 2 MRSA §6, sub-§3, as repealed and replaced by PL 1999, c. 259, §2, is amended to read:
3. Range 89. The salaries of the following state officials and employees are within salary range 89:
Director, Bureau of General Services;
Director, Bureau of Alcoholic Beverages and Lottery Operations;
State Budget Officer;
State Controller;
Director of the Bureau of Forestry;
Chief of the State Police;
Director, State Planning Office;
Director, Energy Resources Office;
Director of Human Resources;
Director, Bureau of Children with Special Needs;
Commissioner of Defense, Veterans and Emergency Management;
Director, Bureau of Parks and Lands; and
Director, Bureau of Information Services; and
Director of Econometric Research.
Sec. SS-3. 5 MRSA §947-B, sub-§1, ¶A, as enacted by PL 1991, c. 780, Pt. Y, §37, is repealed.
Sec. SS-4. 5 MRSA §1520, as corrected by RR 2003, c. 2, §2, is amended to read:
§1520. Statewide Radio and Network System Reserve Fund
1. Fund established. The Statewide Radio and Network System Reserve Fund, referred to in this section as the "fund," is established as an internal service fund in the Department of Administrative and Financial Services,
Bureau of Information ServicesOffice of Information Technology, referred to in this section as the"bureau,""office," for the purposes of managing the fund and acquiring, expanding, upgrading and replacing a statewide radio and network system for use by state agencies. Thebureauoffice shall charge a fee to agencies using the statewide radio and network system in accordance with an established rate structure. Revenues derived from operations must be used to pay the costs of the lease-purchase to acquire a system, expand, upgrade and replace the system, and to manage the fund.
A. The bureau office shall work closely with all departments and agencies to identify radio and network requirements for the statewide system to ensure that agency program requirements are met to the maximum extent possible. The bureau office shall:
(1) Ensure that the annual costs of the lease or lease-purchase are paid in a timely manner and that the financial affairs of the fund are properly managed;
(2) Maintain records of radio and network system requirements for all agencies using the system and make this information available to state agencies;
(3) Require state agencies to become part of the statewide radio and network system when replacing their current systems or purchasing new systems;
(4) Acquire, expand, upgrade or replace the statewide radio and network system in accordance with an established replacement plan; and
(5) Transfer radio equipment and network infrastructure into the fund from agencies using the system, purchase, lease, lease-purchase or enter into other financing agreements, in accordance with section 1587, for the acquisition, expansion, upgrade or replacement of the system or any of its components in accordance with paragraph B when it can be demonstrated that any such action or agreement provides a clear cost or program advantage to the State.
B. The Chief Information Officer and the bureau, in conjunction with the agencies using the statewide radio and network system, shall establish the following:
(1) Standards for statewide radio and network system operations;
(2) Specifications for systems and components to be acquired by the State; and
(3) Standards for the exemption or waiver of state agencies from the requirements of this section.
By January 15, 2002, standards must be developed for statewide radio and network system usage by all state agencies not exempted under subparagraph (3).
C. The bureau office shall establish, through the Department of Administrative and Financial Services, Office of the State Controller, the Statewide Radio and Network System Reserve Fund account. The funds deposited in the account may include, but are not limited to, appropriations made to the account, funds transferred to the account from within the Department of Administrative and Financial Services, funds received from state departments and agencies using the services provided by the bureau office, earnings by the fund from the Treasurer of State's pool and proceeds from the sale of system assets under the administrative control of the fund by the state surplus property program in the Department of Administrative and Financial Services, Bureau of General Services in accordance with paragraph B and other provisions of law.
D. The fund may levy charges according to a rate schedule recommended by the Director of the Bureau of Information Services Chief Information Officer and approved by the Commissioner of Administrative and Financial Services against all departments and agencies using the services of the statewide radio and network system.
E. Service charges for the statewide radio and network system must be calculated to provide for system acquisition costs, expansion costs, upgrade costs, necessary capital investment and fund management costs, replacement costs and sufficient working capital for the fund.
F. Each department or agency using the services of the statewide radio and network system must budget adequate funds to pay for costs described in paragraph E.
Sec. SS-5. 5 MRSA §1873, as amended by PL 2001, c. 388, §3, is repealed.
Sec. SS-6. 5 MRSA §1877-A, sub-§1, as amended by PL 2001, c. 388, §4, is further amended to read:
1. Report to the Legislature. The commissioner
and the Chief Information Officershall report to the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs at the beginning of the first regular session of each Legislature with respect to:
A. The degree of progress that has been made with respect to the coordination of data processing and computer programming within State Government:
(1) The Information Services Policy Board and the Chief Information Officer shall also evaluate the degree of progress in the coordination of data processing and computer programming within State Government and that evaluation must be included in this part of the report;
B. The problems that exist with respect to the coordination of data processing and computer programming activities within State Government:
(1) The Information Services Policy Board and the Chief Information Officer shall also describe and evaluate the problems that exist with respect to the coordination of data processing and computer programming in State Government and that evaluation must be included in this part of the report;
C. The degree to which personnel needs of state agencies are being met;
D. Any problems that exist with respect to current policies and procedures as they relate to the personnel needs of state agencies. This portion of the report must also include the evaluation of the Civil Service Policy Review Board with respect to the issue of this paragraph; and
E. All temporary and contracted positions within each agency and bureau of State Government. This information must include the duration and turnover of each position; the separate costs of each position for wages, benefits, contract fees and administration costs; and the position title or function. The costs associated with preparing this report must be absorbed utilizing existing department resources.
Sec. SS-7. 5 MRSA c. 158, sub-cc. 2, 2-A, 2-B, 3 and 4, as amended, are repealed.
Sec. SS-8. 5 MRSA c. 163, as amended, is further amended by repealing the chapter headnote and enacting the following in its place:
CHAPTER 163
OFFICE OF INFORMATION TECHNOLOGY
SUBCHAPTER 1
CHIEF INFORMATION OFFICER
Sec. SS-9. 5 MRSA §1971, as enacted by PL 2001, c. 388, §14, is repealed and the following enacted in its place:
§1971. Chief Information Officer; appointment; qualifications
The Commissioner of Administrative and Financial Services shall appoint the Chief Information Officer. The Chief Information Officer must be a qualified professional person who shall:
1. Policy-making information. Direct, coordinate and oversee information technology policy making, planning, architecture and standardization; and
2. Provide services. Direct and oversee the provision of information technology and enterprise services in data processing and telecommunications throughout State Government.
Sec. SS-10. 5 MRSA §1972, as amended by PL 2003, c. 176, §1, is further amended to read:
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.
1. Board. "Board" means the Information Services Policy Board established under section 1891.2. Chief Information Officer. "Chief Information Officer" means the person who holds the lead information technology position within the executive branch that directs, coordinates and oversees information technology policy making, planning, architecture and standardization. The Chief Information Officer is also responsible for the provision of information technology and enterprise services in data processing and telecommunications throughout State Government.
3. Commissioner. "Commissioner" means the Commissioner of Administrative and Financial Services.
4. Computer system. "Computer system" has the same meaning as in Title 17-A, section 431.
6. Data processing. "Data processing" means the process that encompasses all computerized and auxiliary automated information handling, including systems analysis and design, conversion of data, computer programming, information storage and retrieval, data and facsimile transmission, requisite system controls, simulation and all related interactions between people and machines. "Data processing" also includes all word or text manipulation processing.
7. Enterprise. "Enterprise" means collectively all departments and agencies of the executive branch.
8. Office. "Office" means the Office of Information Technology.
9. Semiautonomous state agency. "Semiautonomous state agency" means an agency created by an act of the Legislature that is not a part of the Executive Department. This term does not include the Legislature, Judicial Department, Department of the Attorney General, Department of the Secretary of State, Office of the Treasurer of State and Department of Audit.
10. Telecommunications. "Telecommunications" means, but is not limited to, the process of transmitting and receiving any information, including voice, data and video, by any medium, including wire, microwave, fiberoptics, radio, laser and satellite.
Sec. SS-11. 5 MRSA §1973, sub-§1, as enacted by PL 2001, c. 388, §14, is amended to read:
1. Information technology leadership. The Chief Information Officer shall:
A. Provide central leadership and vision in the use of information and telecommunications technology on a statewide basis;
B. Set policies and standards for the implementation and use of information and telecommunications technologies, including privacy and security standards and standards of the federal Americans with Disabilities Act, for information technology. The policies and standards are subject to final approval by the board under section 1891;
C. Assist the Governor's Office and the commissioner with development and support of information technology-related legislation;
D. Identify and implement information technology best business practices and project management; and
E. Facilitate research and development activities to identify and establish effective information technology service delivery in State Government.; and
F. Facilitate interjurisdictional collaboration, services, sharing and initiatives among agencies, instrumentalities and political subdivisions of State Government and with other states and the Federal Government.
Sec. SS-12. 5 MRSA §1974, sub-§3, as enacted by PL 2001, c. 388, §14, is amended to read:
3. Develop and administer written standards for data processing and telecommunications. The Chief Information Officer shall develop and administer written standards for data processing and telecommunications
subject to approval by the board. These written standards pertain to:
A. Acquisition of equipment;
B. Acquisition of computer software and systems;
C. Development of computer systems and computer programs;
D. Computer operations; and
E. Any other standards determined necessary by the Chief Information Officer and the board.
Sec. SS-13. 5 MRSA §1974, sub-§4, as enacted by PL 2001, c. 388, §14, is repealed.
Sec. SS-14. 5 MRSA §1974, sub-§§5 and 6, as enacted by PL 2001, c. 388, §14, are amended to read:
5. Develop and implement strategic and departmental planning process. The Chief Information Officer,
in conjunction with the board andwith the participation of the affected state agencies, shall develop and maintain strategic planning initiatives for all of State Government and specific state agencies for data processing and telecommunications. The Chief Information Officer is responsible for assisting state agencies in implementing the planning process.
The Chief Information Officer shall submit a report on the planning process to the Governor and the Legislature at the beginning of each legislative session.
6. Report to the Legislature. The Chief Information Officer shall report to the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs by January 31st of each year with respect to the achievements, the problems and the procedures planned for resolving the problems of the office and its mission. This report must include a complete compilation of written standards for data processing and telecommunications
that have been approved by the board.Sec. SS-15. 5 MRSA §1975, sub-§1, ¶B, as enacted by PL 2001, c. 388, §14, is amended to read:
B. Fails to adhere to the data processing standards established by the commissioner, and the Chief Information Officer and the board.
Sec. SS-16. 5 MRSA c. 163, sub-cc. 2, 3, 4 and 5 are enacted to read:
SUBCHAPTER 2
INFORMATION TECHNOLOGY SERVICES
§1981. Mission of Office of Information Technology
The mission of the Office of Information Technology includes providing high-quality, responsive, cost-effective information technology services to the agencies, instrumentalities and political subdivisions of State Government. These services include, but are not limited to, voice and data computer and networking services, applications development and maintenance and desktop support, centralized geographic information systems and data and security advice to customers.
1. Service agency. The office shall serve as a service agency to meet the needs of client agencies in a timely, efficient and cost-effective manner.
A. The office shall ensure that a high quality of service is provided to all users.
B. The office shall allocate resources as necessary to meet peak demands and to best use available resources.
C. The office shall ensure adequate backup for all information services.
2. Duties of office. The office shall provide the major data processing and telecommunications services in State Government, including computer operations and programming and applications systems. The office, as authorized by the commissioner, shall work to ensure consistency in programming services, stability in data processing functions, reliability in the operation and maintenance of systems throughout State Government and responsiveness and flexibility to react to changing situations and needs.
1. Maintain central telecommunications services. The Chief Information Officer shall maintain and operate central telecommunications services and may:
A. Employ or engage outside technical and professional services that may be necessary for telecommunications purposes;
B. Levy charges, according to a rate schedule based on uniform billing procedures approved by the commissioner, against all units utilizing telecommunications services;
C. Submit a budget of estimated revenues and costs to be incurred by the office as part of the unified current services budget legislation in accordance with sections 1663 to 1666. Notwithstanding section 1583, allocations may be increased or adjusted by the State Budget Officer, with approval of the Governor, to specifically cover those adjustments determined to be necessary by the commissioner. A request for adjustment to the allocation is subject to review by the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs; and
D. Require departments and agencies to be a part of the central telecommunications service network. Capital items purchased through the office may not be given, transferred, sold or otherwise conveyed to any other department, agency or account without authorization through the normal budgetary process. Except as authorized by the Chief Information Officer, telecommunications services, equipment and systems are the responsibility and property of the office.
2. Staff and technical assistance. The Chief Information Officer shall provide staff and technical assistance in data processing to other state agencies.
3. Maintain central data processing services. The Chief Information Officer shall maintain and operate central data processing and geographic information systems pursuant to subchapter 3.
4. InforME responsibilities. The Chief Information Officer shall serve as the contracting authority under Title 1, chapter 14 and shall provide staff to the InforME Board established in Title 1, chapter 14.
5. Charges. The Chief Information Officer may levy appropriate charges against all state agencies using services provided by the office and for operations of the office of the Chief Information Officer. The charges must be those fixed in a schedule or schedules prepared and revised as necessary by the Chief Information Officer and approved by the commissioner. The schedule of charges must be supported and explained by accompanying information.
6. Budget. The Chief Information Officer shall submit a budget of estimated revenues and costs to be incurred by the office.
7. Professional and technical services. The Chief Information Officer may employ or engage, within funds available, outside technical or professional personnel and services as necessary for carrying out the purposes of this chapter, subject to the approval of the commissioner.
8. Rules. The Chief Information Officer may make rules, subject to the approval of the commissioner, for carrying out the purposes of this chapter.
9. Protection of information files. The Chief Information Officer shall develop rules regarding the safeguarding, maintenance and use of information files relating to data processing, subject to the approval of the commissioner. The office is responsible for the enforcement of those rules. All data files are the property of the agency or agencies responsible for their collection and use.
§1983. Intergovernmental cooperation and assistance
The commissioner may enter into agreements with the Federal Government, the University of Maine System, the Maine Community College System and other agencies and organizations that will promote the objectives of this chapter and accept funds from the Federal Government, municipal and county agencies or any individual or corporation to be expended for purposes consistent with this chapter.
§1984. Internal services fund accounts
The office may establish internal services fund accounts. These funds include, but are not limited to, appropriations made to the office, funds transferred to the office from within the department and funds received for data processing and telecommunications planning services rendered to state agencies.
SUBCHAPTER 3
GEOGRAPHIC INFORMATION SYSTEMS
As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings.
1. Administrator. "Administrator" means the Administrator of the Office of Geographic Information Systems.
2. Geographic information system or GIS. "Geographic information system" or "GIS" means an entire formula, pattern, compilation, program, device, method, technique, process, digital data base or system that electronically records, stores, reproduces and manipulates by computer geographic information system data.
3. Geographic information system data or GIS data. "Geographic information system data" or "GIS data" means geographic information that has been compiled and digitized for use in geographic information systems by a state agency, either alone or in cooperation with other agencies.
4. Geographic information system services or GIS services. "Geographic information system services" or "GIS services" means the process of gathering, storing, maintaining and providing geographic information system data for geographic information systems. "Geographic information system services" or "GIS services" does not include general purpose data processing services.
§1992. Office of Geographic Information Systems established
The Office of Geographic Information Systems is established within the Office of Information Technology.
The Office of Information Technology through the Office of Geographic Information Systems shall:
1. Geographic information system. Establish, maintain and operate a geographic data base information center, develop and administer standards, subject to the approval of the Chief Information Officer, and provide geographic information system services to the public. A request to provide the Legislature or an office of the Legislature with existing information for the purposes of making policy decisions must be considered high priority;
2. GIS data repository. Create a GIS data repository for the proper management of GIS data and ensure the GIS data are documented, including ownership. Data must be stored and managed in a manner that facilitates the evolution of a distributed agency GIS network;
3. Data ownership. Maintain GIS base map data and other multipurpose data not specific to any state agency. All other GIS data are owned by the agency originally compiling the mapped data that were digitized for the GIS. Data owners are responsible for updating their GIS data and certifying its accuracy;
4. Accuracy level. Ensure that GIS data added on the GIS data repository are developed and maintained at an accuracy level and in a format that meets the GIS data standards, kept in a format that is compatible with the GIS and, upon request of a potential user, made available to the user;
5. Charges. Levy appropriate charges on those using the services provided by the office, except that charges may not be levied on the Legislature for existing information. The charges must be fixed in a schedule or schedules. The schedule of charges must be supported and explained by accompanying information and approved by the Chief Information Officer and the commissioner; and
6. Consultation with Chief Information Officer. Consult with the Chief Information Officer on all major policy issues, including fee schedules, related to the management of GIS data and development of GIS data standards.
§1994. Intergovernmental cooperation and assistance
The administrator, with the approval of the Chief Information Officer, may enter into such agreements with other agencies and organizations as will promote the objectives of this subchapter and accept funds from public and private organizations to be expended for purposes consistent with this subchapter.
GIS data are subject to licensing agreements and may be made available only in accordance with this subchapter and upon payment of fees established under this subchapter. The licensing agreement must protect the security and integrity of the GIS data, limit the liability of the data owners and the office providing the services and products and identify the source of the GIS data.
§1996. Priority of responsibilities
The activities authorized under this subchapter do not take priority over the primary responsibilities of the Office of Information Technology. If there are not sufficient financial or personnel resources for the Office of Geographic Information Systems to perform certain GIS services and deliver GIS data and products as provided in this subchapter, the administrative management functions related to the Office of Geographic Information Systems, technical support for other state agency GIS users, office equipment maintenance and GIS data base management must take precedence.
SUBCHAPTER 4
MAINE LIBRARY OF GEOGRAPHIC INFORMATION
This subchapter may be known and cited as "the Maine Library of Geographic Information Act."
As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings.
1. Association. "Association" means an organization:
A. Whose membership is identifiable by regular payment of organizational dues and regularly maintained membership lists;
B. That is registered with the State or is a corporation in the State; and
C. That exists for the purpose of advancing the common occupation or profession of its membership.
2. Data custodian. "Data custodian" means a federal data custodian, state data custodian or nonstate data custodian.
3. Federal data custodian. "Federal data custodian" means any branch, agency or instrumentality of the Federal Government.
4. Geographic information board. "Geographic information board" means the Maine Library of Geographic Information Board.
5. Geographic information system. "Geographic information system" or "GIS" means a computer system capable of assembling, storing, manipulating, analyzing and displaying information identified according to locations. A GIS includes operating personnel, hardware, software and the data that go into the system.
6. Maine Library of Geographic Information. "Maine Library of Geographic Information" or "library" means the statewide network created pursuant to this subchapter by which data custodians or their designees organize and catalog public geographic information and provide access to that information to all levels of government and to the public.
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 assessments, 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.
§2003. Maine Library of Geographic Information Board
1. Purposes and duties. The Maine 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 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 1, 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 Library of Geographic Information. These standards, rules and policies must be consistent with the standards, rules and policies set by the Chief Information Officer 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 2-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 standards set by the Chief Information Officer.
(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 of Geographic Information Systems an electronic copy of all information classified as public, in a form compatible with standards set by the Chief Information Officer;
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 subchapter;
E. To promote innovative uses of geographic information through the provision of verified, coordinated, intergovernmental information via the Maine 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 subchapter;
G. To hear and resolve disputes that may arise between data custodians or with respect to information to be placed in the Maine Library of Geographic Information, enforcement of geographic information board standards, rules or policies or other related matters, all in accordance with the Maine Administrative Procedure Act. 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;
I. To report annually by January 1st 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 of 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; and
J. To develop appropriate internal services to facilitate generalized access for and use of data by governmental agencies and the public. The library may not compete directly with private enterprise. The library shall work in partnership with nonstate data custodians to promote the purposes of this subchapter.
2. Membership. The geographic information board consists of 15 voting members as follows:
A. The commissioner or the commissioner's designee;
B. The Chief Information Officer or the Chief Information Officer's designee;
C. Two members, or the members' designees, who are responsible for overseeing GIS functions of a state department that is a data custodian 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 Executive Department, State Planning Office;
(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 paragraphs C, D, E and F are 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.
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 1.
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 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 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 data bases 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.
The geographic information board and any of the parties submitting data to the Maine Library of Geographic Information for public use may not be held liable for any use of those data.
Copyright or licensing restrictions may not be fixed by the geographic information board or data custodians to the information made available through the Maine 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.
SUBCHAPTER 5
APPEALS PROCESS
Any state agency or semiautonomous state agency disagreeing with an action or decision of the Chief Information Officer as it affects that agency may appeal the decision in accordance with the provisions of this section.
1. Appeal. A state agency may appeal the decision or action of the Chief Information Officer to the commissioner.
2. Appeal to Governor. In the event that an agency is aggrieved by the decision of the commissioner, the agency may appeal to the Governor to alter the decision or action, and the decision of the Governor is final.
3. Written decisions. In responding to a state agency, the person or organization to whom the appeal has been made shall provide the decision in writing. If the decision fails to uphold the state agency appeal, the decision must contain the specific reasons for the decision.
Sec. SS-17. 5 MRSA §12004-G, sub-§1, as enacted by PL 1987, c. 786, §5, is repealed.
Sec. SS-18. 5 MRSA §12004-G, sub-§30-B, as enacted by PL 2001, c. 649, §2, is amended to read:
Sec. SS-19. 16 MRSA §633, as amended by PL 2001, c. 388, §15, is further amended to read:
§633. Policy board established; membership
There is established the Maine Criminal Justice Information System Policy Board, referred to in this subchapter as the "board." The board consists of
1413 members that include the Attorney General, the Commissioner of Public Safety, the Commissioner of Corrections, the State Court Administrator, the Chief of the State Police, the Associate Commissioner for Adult Services within the Department of Corrections,the Director of the Bureau of Information Services,the Chief Information Officer, a representative of the Maine Prosecutors Association appointed by the Attorney General, a representative of the Maine Chiefs of Police Association appointed by the Commissioner of Public Safety, a representative of the Maine Sheriff's Association appointed by the Commissioner of Public Safety, a representative of a federal criminal justice agency appointed by the Governor, a representative of a nongovernmental agency that provides services to victims of domestic violence appointed by the Governor and a public member who represents private users of criminal offender record information appointed by the Governor.Sec. SS-20. 16 MRSA §634, as enacted by PL 1993, c. 346, §1, is amended to read:
The Attorney General, the Commissioner of Public Safety, the Commissioner of Corrections,
the Commissioner of Inland Fisheries and Wildlife,the State Court Administrator, the Chief of the State Police, the Director of the Division of Probation and Paroleand theDirector of the Bureau of Information ServicesChief Information Officer are members of the board during their terms of office and may appoint designees to serve in their place. The other members of the board serve terms of 3 years. Members of the board serve without compensation, except for reimbursement for actual expenses incurred in the performance of their duties. Any vacancy on the board must be filled in the same manner as the original appointment, but only for the unexpired term.Sec. SS-21. 21-A MRSA §192, sub-§1, ¶F, as enacted by PL 2001, c. 637, §2, is amended to read:
F. The Director of the Bureau of Information Services Chief Information Officer within the Department of Administration Administrative and Financial Services or the director's Chief Information Officer's designee; and
Sec. SS-22. 38 MRSA §420-B, sub-§2, as amended by PL 1995, c. 152, §6, is further amended to read:
2. Data management. The commissioner shall maintain data collected under this section in a manner consistent with standards established under Title 5, chapter
158163, subchapterII-A3 for the State's geographic information system. All data is available to the public.
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