CHAPTER 103

FORMERLY

SENATE BILL NO. 89

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO GEOSPATIAL DATA.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE :

Section 1. Amend 29 Del. C. §9101 (g) (4) by deleting said subsection in its entirety.

Section 2. Amend 29 Del. C. Chapter 91 by adding a new Subchapter as follows:

“Subchapter IV. Geospatial Data Coordination

§ 9141. Findings.

The General Assembly finds that the coordination of the use and sharing of data and information among all levels of government is essential to the efficient and smooth provision of government services to the people of the state of Delaware. It is the intent of this subchapter to:

(1) Ensure that geospatial data are maintained and published in such a manner that they are readily available to all appropriate data users to support state and local government functions;

(2) Promote the use and sharing of geospatial data and of geographic information system software and tools by state agencies and local governments;

(3) Establish standards for the appropriate publication of geospatial data and metadata; and

(4) Provide for a coordinated community of geospatial data providers and geospatial data users in Delaware.

§ 9142. Definitions.

For purposes of this subchapter, the following definitions shall apply:

(1) “Geospatial” means data and/or information that identify the geographic location and characteristics of natural or constructed features and boundaries on the earth. This information may be derived from, among other things, remote sensing, mapping, and surveying technologies.

(2) “Geographic Information System” and “GIS” both mean a system for capturing, storing, analyzing and managing data and associated attributes which are spatially referenced to the earth.

(3) “Metadata” means data about the content, quality, condition, and other characteristics of data.

(4) “Delaware Geospatial Information Clearinghouse” means a web-enabled, electronic resource for the collection, organization, storage, and dissemination of metadata and other information to assist in the sharing of geospatial data and information.

§ 9143. Delaware Geographic Data Committee.

(a) An Executive Council of the Delaware Geographic Data Committee is established to oversee coordination of the use and sharing of geospatial data and information in Delaware. It shall be comprised of the following members:

(1) The Director of the Office of Management and Budget;

(2) The Secretary of the Department of Technology and Information;

(3) The Secretary of the Department of Safety and Homeland Security;

(4) The Secretary of the Department of Transportation;

(5) The Secretary of the Department of Natural Resources and Environmental Control;

(6) The County Executive of New Castle County;

(7) The County Administrator of Kent County;

(8) The County Administrator of Sussex County;

(9) The Director of the Delaware Geological Survey;

(10) A Federal Geospatial Liaison to be named by the Federal Geographic Data Committee; and

(11) Three representatives chosen annually from among the membership of the Delaware Geographic Data Committee by the membership of that Committee:

a. One representing the Academic Community,

b. One representing Delaware Municipal Governments, and

c. One representing the Committee as a whole.

(b) A staff member of the Office of Management and Budget shall be assigned the role of State Geospatial Data Coordinator and shall serve as non-voting Chair of the Executive Council of the Delaware Geographic Data Committee.

(c) The Executive Council of the Delaware Geographic Data Committee shall meet on an as-needed basis, at the call of the Chair. Meetings shall be subject to all relevant open-meetings laws and regulations. Council members may, in writing, assign a proxy for specific meetings if they are unable to attend.

(d) The Executive Council of the Delaware Geographic Data Committee shall be assigned the following duties, including, but not limited to:

(1) Representing the State of Delaware to all levels of government (including the federal government), the private sector, and academia in all matters pertaining to geospatial data and related technologies;

(2) Ensuring the availability of basic geospatial data to provide an up-to-date, comprehensive, digital base-map for the State of Delaware;

(3) Seeking funding sources to support the creation and maintenance of geospatial data for the State of Delaware;

(4) Promulgation of geospatial data standards to govern all creation, use and sharing of geospatial and related data in the State of Delaware;

(5) Establishment of minimum Metadata specifications for publication under § 9142 (a) (2) of this Chapter;

(6) Oversight of statewide data collection and maintenance projects;

(7) Oversight of the Delaware Data Mapping and Integration Laboratory (DataMIL); and

(8) Oversight of the Delaware Geospatial Information Clearinghouse.

(e) The Executive Council of the Delaware Geographic Data Committee shall rely on the expertise and consensus of the full membership of the Delaware Geographic Data Committee, whenever possible, in carrying out these duties.

(f) The Executive Council of the Delaware Geographic Data Committee may, as needed and appropriate, create subcommittees, task forces, or working groups from among the membership of the full Delaware Geographic Data Committee to explore specific issues or opportunities or to provide concentrated subject matter expertise.

(g) A Delaware Geographic Data Committee is established to serve as an open users’ group of those working with geospatial data in Delaware and shall serve to make regular recommendations to the Executive Council of the Delaware Geographic Data Committee on actions and policies relating to the use and sharing of geospatial data in Delaware, as outlined in this section.

(1) Membership in the Delaware Geographic Data Committee shall be open to all parties meeting criteria as established in the by laws of the Committee.

(2) The Geospatial Data Coordinator shall serve as chair of the Delaware Geographic Data Committee.

(3) The Delaware Geographic Data Committee shall meet on a regular basis to discuss issues of interest to committee members. Meetings shall be subject to all relevant open-meetings laws and regulations.

(4) The Executive Council of the Delaware Geographic Data Committee shall adopt by-laws for the Committee, within six months of enactment of this legislation, to govern the Committee. Such by-laws shall include, at a minimum, the factors outlined within this section.

§ 9144. Publication of Geospatial Data and Information in Delaware

(a) All geospatial data and information created by or for any State, county or local agency, or by or for any other organizations receiving State funds in whole or in part for the development of such data, shall be subject to the following conditions:

(1) All geospatial data and information shall be considered to be in the public domain, except as provided for in all applicable federal, State and local laws and statutes including the information security and data classification standards promulgated by the Delaware Department of Technology and Information.

(2) Metadata for all geospatial data and information shall be published on the Delaware Geospatial Information Clearinghouse, maintained by the University of Delaware, or on any clearinghouse system that may be approved the by the Executive Council of the Delaware Geographic Data Committee to replace that Clearinghouse in the future.

a. All metadata shall meet at least the minimum Metadata specifications approved by the Executive Council of the Delaware Geographic Data Committee.

b. Metadata shall be published for data projects at all stages of development including planning for data acquisition, data collection and creation, publication as draft and final publication.

c. Restrictions placed on geospatial data and information pursuant to § 9144 (a) (1) of this Chapter shall not apply to metadata for those data sets.

(3) Agencies or entities responsible for the creation of any geospatial data and information in or representing Delaware shall make all efforts to provide full and practical access to such geospatial data and information.”

Approved July 10, 2007