Regarding Electronic Maps

 The counselor must be a practicing attorney  The counselor shall apply full efforts to the duties of the office and may not be actively engaged in any other occupation, profession, or business

(1) To train public officials and educate the public on the rights of the public (2) To conduct research. (3) To prepare interpretive and educational materials and programs (4) To distribute to newly elected or appointed public officials the public access laws (5) To respond to informal inquiries made by the public and public agencies (6) To issue advisory opinions to interpret the public access laws (7) To make recommendations to the general assembly concerning ways to improve public access. (IC )

 Counselor’s opinions are not binding, however… ◦ A PAC opinion IS the expression of the office statutorily authorized to interpret public record laws on behalf of the public ◦ If a person or public agency files a civil action under APRA and prevails, and if that person or agency contacted the counselor prior to filing the civil action, then the court must award reasonable attorney’s fees, court costs, and cost of litigation to that person or agency. Otherwise, not.

I hope that this opinion moves the discussion between public agencies from IF GIS data will be provided to HOW will GIS be provided, since the if part is well covered by law.

Informal Inquiry 09-INF-5

 “In my opinion, the electronic maps are public records subject to the disclosure provisions of the APRA.” (page 2, paragraph 3)  “A county may, pursuant to I.C. § (a), enter into a data exchange agreement with the State. If the county refuses to do so, the State may request, and the agency must provide, access to the electronic map pursuant to the general disclosure provisions of the APRA.” (page 5, paragraph 2)

“I.C. § (a) [Indiana GIS Law] provides that ‘a political subdivision maintains the right to control the sale, exchange, and distribution of any GIS data or framework data’... But it is important that within the same chapter is a provision indicating that language does not supersede the APRA.” (Page 3, last paragraph) APRA Rules!

“In summary, it is my opinion a county may not, under I.C. § (g), require the State or any requester to obtain a license or pay copyright royalties to obtain a copy of the GIS mapping data.” (page 5, paragraph 2)

“…if the information the State receives is information from an electronic map, the political subdivision may not limit the State's use or dissemination of the information.” (page 6, last paragraph)

“It is also important to note that I.C. § (a) is permissive. The statute allows a public agency to enter into a data sharing agreement with the State, but it does not require the agency to do so.” (page 4, paragraph 2) GIS Data

 “If a public agency (here, a county) refuses to enter into a data sharing agreement, the State then becomes a purchaser, and as such the State must pay the fee established under I.C. § (j).” (page 4, paragraph 2) GIO County  “In my opinion, it would be reasonable and appropriate for the agencies to charge a lower rate for only a small portion of the electronic map… (page 4, paragraph 3)

 “If the map data maintained by an agency is not copyrighted, it would be my opinion that information must be provided in accordance with the general provisions of the APRA.” (page 5, paragraph 1)  “If the data is not copyrighted, the record is treated like any other public record.” (page 5, paragraph 1)

 “While I am no expert in this area, it is my opinion and understanding that the information the State seeks does not constitute computer programs, codes or software. As such, I do not believe a county can withhold the information on the basis of I.C. § (b)(11).” (page5, paragraph 4)

 “It is my opinion the omission of electronic maps [from I.C. § (d)] was not meant to relieve an agency of a duty to provide access to electronic maps in an electronic format.” (page 6, paragraph 2)  Disposition of I.C. § (d) and (e): “In my opinion, this is a straightforward issue: if the data you receive is an electronic map, subsection 3(e) would not apply. As you indicate, subsection 3(e) specifically addresses information received under subsection 3(d). Electronic maps are specifically excluded from subsection 3(e), and I find no analogous provision related to electronic maps.” (page 6, last paragraph)

 Since GIS data are public records, can they be protected by copyrighted? If so, what protections would be afforded (Not licensing or royalty payment. Not forcing downstream restrictions. Not withholding the information.)  Why is that important? It could be the difference between paying $14 and paying $14,000 (Marshall County)

 Options ◦ Seek further clarification, especially about copyright ◦ Seek changes to Indiana code ◦ Continue to find build relationships and find ways to help each other ◦ Work to invert the National Map paradigm so that GIS funding supports work at the local level Indiana GIS

 Priority Order 1.Continue to build relationships and find ways to help each other 2.Work to invert the National Map paradigm so that GIS funding supports work at the local level 3.Seek further clarification, especially about copyright 4.Seek changes to Indiana code Indiana GIS GIO Long Term Success

Regarding Electronic Maps