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Pennsylvania Geospatial Coordinating Council

Posted by Dave Smith On 7/24/2006 07:58:00 PM 0 comments

Pennsylvania is currently in the process of pulling together its Geospatial Coordinating Council. This body will (hopefully) be modeled after some efforts that have been successful in North Carolina and other states with mature geospatial coordination efforts.



PRINTER'S NO. 4455
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2871 Session of 2006
INTRODUCED BY FAIRCHILD, CAWLEY,
THOMAS, BELFANTI, CALTAGIRONE,
CAPPELLI, CLYMER, CREIGHTON, DeWEESE, MUSTIO,
MYERS, PALLONE,
PHILLIPS, RUBLEY, SATHER, SONNEY, STURLA, TIGUE
AND
YOUNGBLOOD, JUNE 30, 2006
REFERRED TO COMMITTEE ON INTERGOVERNMENTAL
AFFAIRS,
JUNE 30, 2006
AN ACT

1 Amending Title 27 (Environmental Resources) of the Pennsylvania
2 Consolidated Statutes, establishing the Pennsylvania
3 Geospatial Coordinating Council; providing for the powers and
4 duties of the Pennsylvania Geospatial Coordinating Council
5 and for the Pennsylvania Mapping and Geospatial Technologies
6 Fund.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Title 27 of the Pennsylvania Consolidated
10 Statutes is amended by adding a chapter to read:
11 CHAPTER 64
12 PENNSYLVANIA GEOSPATIAL COORDINATING COUNCIL
13 Sec.
14 6401. Short title of chapter.
15 6402. Definitions.
16 6403. Pennsylvania Geospatial Coordinating Council.
17 6404. Creation and general powers of council.
18 6405. Discretionary powers.

20060H2871B4455 - 1 -

1 6406. Reports.
2 6407. Creation and general powers of committees.
3 6408. Composition and duties of committees.
4 6409. Pennsylvania Mapping and Geospatial Technologies Fund.
5 § 6401. Short title of chapter.
6 This chapter shall be known and may be cited as the
7 Pennsylvania Geospatial Coordinating Council Act.
8 § 6402. Definitions.
9 The following words and phrases when used in this chapter
10 shall have the meanings given to them in this section unless the
11 context clearly indicates otherwise:
12 "Council." The Pennsylvania Geospatial Coordinating Council
13 established in section 6403 (relating to Pennsylvania Geospatial
14 Coordinating Council) as an agency independent of the executive
15 branch.
16 "Fund." The Pennsylvania Mapping and Geospatial Technologies
17 Fund established in section 6409 (relating to Pennsylvania
18 Mapping and Geospatial Technologies Fund).
19 § 6403. Pennsylvania Geospatial Coordinating Council.
20 (a) Establishment.--The Pennsylvania Geospatial Coordinating
21 Council is hereby established.
22 (b) Membership.--The council shall consist of up to 35
23 members who shall serve until the expiration of their terms,
24 membership or employment or until their successors are
25 appointed. The following persons shall serve on the council:
26 (1) The Secretary of Environmental Protection of the
27 Commonwealth.
28 (2) The Secretary of Conservation and Natural Resources
29 of the Commonwealth.
30 (3) The Secretary of Transportation of the Commonwealth.

20060H2871B4455 - 2 -

1 (4) The Director of the Pennsylvania Emergency
2 Management Agency.
3 (5) Three persons nominated by the Governor who shall be
4 appointed without the advice and consent of the Senate. The
5 persons nominated by the Governor shall be selected from
6 either the Governor's Office or other State agencies under
7 the Governor's jurisdiction and shall serve three-year terms.
8 (6) A designee of the President pro tempore of the
9 Senate who shall serve a three-year term.
10 (7) A designee of the Minority Leader of the Senate who
11 shall serve a three-year term.
12 (8) A designee of the Speaker of the House of
13 Representatives who shall serve a three-year term.
14 (9) A designee of the Minority Leader of the House of
15 Representatives who shall serve a three-year term.
16 (10) A designee of the Chief Justice of the Pennsylvania
17 Supreme Court who shall serve a three-year term.
18 (11) A designee of the Pennsylvania Historical and
19 Museum Commission who shall serve a three-year term.
20 (12) Six persons nominated by the County Commissioners
21 Association of Pennsylvania to serve three-year terms. The
22 nominees shall be appointed by the Governor without the
23 advice and consent of the Senate. At least four of the six
24 nominees shall be current or former county commissioners.
25 (13) A designee of the Statewide organization
26 representing school boards who shall be appointed by the
27 Governor without the advice and consent of the Senate. The
28 designee shall serve a three-year term.
29 (14) A designee of the Statewide organization
30 representing authorities who shall be appointed by the

20060H2871B4455 - 3 -

1 Governor without the advice and consent of the Senate. The
2 designee shall serve a three-year term.
3 (15) A designee of the Statewide organization
4 representing boroughs who shall be appointed by the Governor
5 without the advice and consent of the Senate. The designee
6 shall serve a three-year term.
7 (16) A designee of the Statewide organization
8 representing cities who shall be appointed by the Governor
9 without the advice and consent of the Senate. The designee
10 shall serve a three-year term.
11 (17) A designee of the Statewide organization
12 representing first class townships who shall be appointed by
13 the Governor without the advice and consent of the Senate.
14 The designee shall serve a three-year term.
15 (18) A designee of the Statewide organization
16 representing second class townships who shall be appointed by
17 the Governor without the advice and consent of the Senate.
18 The designee shall serve a three-year term.
19 (19) A designee of the Pennsylvania Society of Land
20 Surveyors who shall be appointed by the Governor without the
21 advice and consent of the Senate. The designee shall serve a
22 three-year term.
23 (20) A designee of the Pennsylvania Association of
24 Colleges and Universities who shall be appointed by the
25 Governor without the advice and consent of the Senate. The
26 designee shall serve a three-year term.
27 (21) A designee of the Pennsylvania Chamber of Business
28 and Industry who shall be appointed by the Governor without
29 the advice and consent of the Senate. The designee shall
30 serve a three-year term.

20060H2871B4455 - 4 -

1 (22) A designee of the Pennsylvania One Call System who
2 shall be appointed by the Governor without the advice and
3 consent of the Senate. The designee shall serve a three-year
4 term.
5 (23) A designee of a Federal agency with an office in
6 this Commonwealth from the Federal Geographic Data Commission
7 or its successor who shall be appointed by the Governor
8 without the advice and consent of the Senate. The designee
9 shall serve a three-year term.
10 (24) Up to five persons who shall be nominated by the
11 council and appointed by the Governor. The nominees shall be
12 appointed without the advice and consent of the Senate and
13 shall serve three-year terms. Members may be nominated from
14 State executive agencies or independent boards, commissions
15 or legislative service agencies not otherwise represented on
16 the council, State row offices, county or local governments,
17 regional counterterrorism task forces, local law enforcement,
18 professional organizations, the Pennsylvania Mapping and
19 Geographic Information Consortium or other interested private
20 citizens and groups.
21 (c) Executive director.--The Management and Operations
22 committee shall nominate an executive director to be approved by
23 the council. The executive director shall appoint staff to any
24 position created and funded by the council.
25 (d) Vacancies.--Vacancies on the council shall be filled by
26 the appointment of a successor in accordance with the procedures
27 set forth in this chapter.
28 (e) Meetings.--The council shall meet quarterly and at other
29 times at the call of the chair. The Secretary of Transportation
30 shall call the first organizational meeting of the council and

20060H2871B4455 - 5 -

1 preside until a chair is elected.
2 (f) Officers.--The council shall elect a chair and vice
3 chair from among its membership at the first organizational
4 meeting to serve until the first quarterly meeting of the
5 following year. Thereafter, the council shall elect a chair and
6 vice chair from its membership at the first quarterly meeting in
7 each calendar year to serve one-year terms. No person may serve
8 as chair for more than two consecutive terms or for more than a
9 total of four full one-year terms.
10 (g) Quorum and bylaws.--A simple majority of the members
11 appointed on the council shall constitute a quorum. The council
12 shall establish bylaws to govern its proceedings as required for
13 the council to take official action. The bylaws shall provide
14 for the duties of the executive director regarding personnel,
15 accounting, budgeting and other matters necessary to the
16 functioning of the council.
17 (h) Reimbursement for expenses.--Members of the council
18 shall serve without compensation and shall be reimbursed by the
19 council for reasonable expenses actually incurred in connection
20 with official duties of the council in accordance with this
21 chapter and the bylaws of the council.
22 (i) Organization.--The council shall be organized within the
23 Pennsylvania Historical and Museum Commission for
24 organizational, budgetary and administrative purposes.
25 § 6404. General powers of council.
26 (a) Cooperation.--The council shall encourage cooperation
27 and cost-sharing among Federal, State and local government
28 agencies, academic institutions and the private sector to
29 improve the quality, access, cost-effectiveness and utility of
30 Pennsylvania's geospatial information and to promote geospatial

20060H2871B4455 - 6 -

1 information and technology as a strategic resource in this
2 Commonwealth.
3 (b) Forum for policy and technology.--The council shall
4 serve as a forum on geospatial policy and technology issues
5 within this Commonwealth to enhance cooperation and coordination
6 among the governments, associations and organizations
7 represented on the council.
8 (c) Strategic planning.--The council shall engage in
9 strategic planning on geospatial issues and on the coordination
10 and sharing of geospatial data and technology across this
11 Commonwealth.
12 (d) Policy development.--The council shall develop and
13 propose policies concerning the substance, documentation,
14 standards and sharing of geographic data, geospatial technology
15 systems and other related technologies and advise elected
16 officials regarding needed directions, priorities,
17 responsibilities and funding of geospatial information and
18 technology in this Commonwealth.
19 (e) Technical assistance program.--The council shall
20 administer, within the limits of available resources, a
21 technical assistance program for political subdivisions,
22 authorities and regional planning agencies to develop geospatial
23 technology capabilities that are consistent with the council's
24 overall plan.
25 (f) Fundraising.--The council shall seek public and private
26 grants, donations, appropriations and contributions from its
27 members and from foundations and other external entities in
28 furtherance of the purposes of the council.
29 (g) Final approval.--The council shall have final approval
30 of all policy recommendations proposed by any committee and

20060H2871B4455 - 7 -

1 working group established by the council.
2 § 6405. Discretionary powers.
3 (a) Staff and administrative expenses.--The council may make
4 expenditures for staff and administrative expenses of the
5 council and for other council purposes from funds designated by
6 the council for such purposes.
7 (b) Contracting.--The council may enter into contracts to
8 purchase products and services required for council operations
9 and to further the purposes of the council.
10 (c) Study of specific topic.--The council may designate one
11 or more additional nonvoting, ex officio members of the council
12 on a temporary, ad hoc basis to assist with the council's study
13 or deliberation of a specific topic.
14 § 6406. Reports.
15 The council shall report at least annually to the Governor,
16 the President pro tempore of the Senate, the Speaker of the
17 House of Representatives and its membership on the status of
18 recommended improvements of geospatial technology in this
19 Commonwealth.
20 § 6407. Creation and general powers of committees.
21 (a) Duty of council.--The council shall oversee the standing
22 committees created in this subsection.
23 (b) Creation of committees.--The council may establish,
24 abolish and oversee working groups and additional standing
25 committees as needed with the exception of the Management and
26 Operations Committee.
27 (c) Bylaws.--The following committees are hereby created:
28 (1) State Government Committee.
29 (2) Local Government Committee.
30 (3) Federal Interagency Committee.

20060H2871B4455 - 8 -

1 (4) Statewide Mapping Advisory Committee.
2 (5) Statewide Geospatial Technology Advisory Committee.
3 (6) Management and Operations Committee.
4 Each standing committee shall adopt bylaws, subject to the
5 council's approval, to govern its proceedings.
6 § 6408. Composition and duties of committees.
7 (a) State Government Committee.--Membership shall consist of
8 representatives from all interested State government entities.
9 The committee shall annually elect one of its members serving
10 pursuant to section 6403(b)(1), (2), (3), (4), (5), (6), (7),
11 (8), (9), (10) and (11) (relating to Pennsylvania Geospatial
12 Coordinating Council) to serve as chair of the State Government
13 Committee and as its representative on the council.
14 (b) Local Government Committee.--Membership shall consist of
15 representatives from organizations and professional associations
16 that currently serve or represent local government geospatial
17 technology users and other groups. The committee shall annually
18 elect one of its members serving pursuant to section
19 6403(b)(12), (13), (14), (15), (16), (17) and (18) to serve as
20 chair of the Local Government Committee and as its
21 representative on the council.
22 (c) Federal Interagency Committee.--Membership shall consist
23 of representatives from all interested Federal agencies with an
24 office located in this Commonwealth. The appointed Federal
25 representative serving pursuant to section 6403(b)(23) shall
26 serve as the chair of the Federal Interagency Committee.
27 (d) Statewide Mapping Advisory Committee.--Membership shall
28 consist of interested members of the council and representatives
29 of other organizations and professional groups with an interest
30 in Statewide mapping issues. The committee shall consolidate

20060H2871B4455 - 9 -

1 Statewide mapping requirements and attempt to gain Statewide
2 support for financing cooperative programs. The committee shall
3 also advise the council on issues, problems and opportunities
4 relating to Federal, State and local government geospatial data
5 and technology programs. The committee shall annually elect one
6 of its members serving pursuant to section 6403(b) to serve as
7 chair of the Statewide Mapping Advisory Committee and as its
8 representative on the council.
9 (e) Statewide Geospatial Technology Advisory Committee.--
10 Membership shall consist of interested members of the council
11 and representatives of other organizations and professional
12 groups with an interest in Statewide issues concerning
13 geospatial technology. The committee shall advise and make
14 recommendations on the Statewide technical infrastructure for
15 geospatial technology and anticipate and respond to geospatial
16 technology technical opportunities and issues affecting State,
17 county and local governments in this Commonwealth. The committee
18 shall annually elect one of its members serving pursuant to
19 section 6403(b) to serve as chair of the Statewide Geospatial
20 Technology Advisory Committee and as its representative on the
21 council.
22 (f) Management and Operations Committee.--The Management and
23 Operations Committee shall consider management and operational
24 matters related to geospatial technology and other matters that
25 are formally requested by the council. The committee membership
26 shall consist of the chair of the council, the executive
27 director, the chair of each of the standing committees of the
28 council and other members of the council appointed by the chair
29 of the council and approved by the council.
30 § 6409. Pennsylvania Mapping and Geospatial Technologies Fund.

20060H2871B4455 - 10 -

1 (a) Establishment.--The Pennsylvania Mapping and Geospatial
2 Technologies Fund is hereby established in the Treasury
3 Department.
4 (b) Source of funds.--The fund shall be comprised of public
5 and private grants, donations, appropriations and contributions
6 from members of the council and from foundations and other
7 external entities.
8 (c) Purposes of fund.--Moneys from the fund shall be used
9 for administrative and personnel costs of the council and its
10 staff and in furtherance of the purposes of the council.
11 (d) Investment.--The State Treasurer shall invest money in
12 the fund not currently needed to meet the obligations of the
13 fund in the same manner as other public money may be invested.
14 Interest that accrues from these investments shall be deposited
15 in the fund.
16 (e) No lapsing of moneys.--Money remaining in the fund at
17 the end of each fiscal year shall remain in the fund and shall
18 not lapse to the General Fund.
19 Section 2. This act shall take effect in 90 days.


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DHS Mandates Information Sharing

Posted by Dave Smith On 7/23/2006 11:23:00 PM 1 comments

I have been scrutinizing the current 2007 Department of Homeland Security Authorization Bill (HR 5814)... Of particular interest are several sections under Title V, which mandates information sharing - specifically mentioned are State, Local, Tribal and Regional partners, along with a data fusion concept.

(a) Establishment- The Secretary shall establish a State, Local, and Tribal Information Fusion Center Initiative to establish partnerships with State, local, tribal, and regional information fusion centers.
(b) Duties- Through the State, Local, Tribal, and Regional Information Fusion Center Initiative, the Secretary shall--
(1) coordinate with the principal official of each State, local, tribal, or regional information fusion center and the official designated as the Homeland Security Advisor of the State;
(2) provide Department operational and intelligence advice and assistance to State, local, tribal, and regional information fusion centers;
(3) support efforts to include State, local, tribal, and regional information fusion centers into efforts to establish an information sharing environment (as defined under section 1016(2) of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3665));
(4) conduct table-top and live training exercises to regularly assess the capability of individual and regional networks of State, local, tribal, and regional information fusion centers to integrate the efforts of such networks with the efforts of the
Department;
(5) coordinate with other relevant Federal entities engaged in homeland security-related activities;
(6) provide analytic and reporting advice and assistance to State, local, tribal, and regional information fusion centers;
(7) review homeland security information gathered by State, local, tribal, and regional information fusion centers and incorporate relevant information with homeland security information of the Department;
(8) Provide management assistance to State, local, tribal, and regional information fusion centers;
(9) Serve as a point of contact to ensure the dissemination of relevant homeland security information.
(10) facilitate close communication and coordination between State, local, tribal, and regional information fusion centers and the Department;
(11) provide State, local, tribal, and regional information fusion centers with expertise on Department resources and operations;
(12) provide training to State, local, tribal, and regional information fusion centers and encourage such information fusion centers to participate in terrorist threat-related exercises conducted by the Department; and
(13) carry out such other duties as the Secretary determines are appropriate.

Music to my ears, anyways... I have been preaching sharing and fusion as the only workable longterm solution for over a decade. However, how well it will actually work out is yet to be seen.


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Galileo Codes Cracked

Posted by Dave Smith On 7/10/2006 03:54:00 PM 2 comments

I have previously voiced my skepticism of Galileo's business model as a European GPS provider, as well as reported on many other public critiques which were unfavorable- Now it turns out that the Galileo paid subscriber business model has shown it can be compromised. According to Science Daily, a team at Cornell, when frustrated with the lack of cooperation, were able to monitor Giove-A signals, and able to perform signal processing to reverse-engineer the algorithm used to generate the Pseudo-Random Numbers (PRNs) essential for processing the transmission.


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The Pennsylvania Society of Land Surveyors scored a victory today, with the passage of House Bill 496. This bill imposes penalties for the destruction of survey monuments, and it also reduces a surveyor's liability for errors from 21 years to 12 years.

Destruction of monuments has been a longstanding problem, from construction obliterating monuments and not properly replacing them, to property owners' disputes, and other causes. With monuments destroyed, removed, or otherwise obliterated, it makes retracement and documentation of subsequent surveys more difficult, and removes some of the certainty from the location of the corners.

Additionally, it has long been argued that the 21-year liability limitation has been unrealistic, particularly given that licensed Engineers enjoyed a much shorter liability limitation, with much greater risk of harm to life.

The text of the bill:


THE GENERAL ASSEMBLY OF PENNSYLVANIA
--------------------------------------------------------------------------------
HOUSE BILL No. 496 Session of 2005
--------------------------------------------------------------------------------
INTRODUCED BY CORNELL, WALKO, RUBLEY, REICHLEY, PHILLIPS, O'NEILL, NAILOR, STERN, GEIST, SOLOBAY, THOMAS, J. EVANS, BUNT, CALTAGIRONE, GINGRICH, GRELL, WATSON, E. Z. TAYLOR, PICKETT, HARPER, HESS, J. TAYLOR, GOODMAN AND DENLINGER, FEBRUARY 14, 2005
--------------------------------------------------------------------------------
SENATOR GREENLEAF, JUDICIARY, IN SENATE, AS AMENDED, JUNE 13, 2006
--------------------------------------------------------------------------------
AN ACT
1 Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
2 Judicial Procedure) of the Pennsylvania Consolidated
3 Statutes, providing for the offense of the destruction of a
4 survey monument; further providing for actions relating to
5 land surveying; and making an editorial change.
6 The General Assembly of the Commonwealth of Pennsylvania

7 hereby enacts as follows:
8 Section 1. Title 18 of the Pennsylvania Consolidated
9 Statutes is amended by adding a section to read:
10 § 3311 3312. Destruction of a survey monument. <--
11 (a) Offense defined.--A person commits a summary offense if <--
12 (A) OFFENSE DEFINED.-- <--
13 (1) A PERSON COMMITS A SUMMARY OFFENSE IF he
14 intentionally cuts, injures, damages, destroys, defaces or
15 removes any survey monument or marker. A person commits a <--
16 REMOVES ANY SURVEY MONUMENT OR MARKER, OTHER THAN A NATURAL <--
17 OBJECT SUCH AS A TREE OR STREAM.
--------------------------------------------------------------------------------
1 (2) A PERSON COMMITS A misdemeanor of the second degree
2 if he willfully or maliciously cuts, injures, damages,
3 destroys, defaces or removes any survey monument or marker in
4 order to call into question a boundary line.
5 (b) Restitution.--Any person convicted of violating this
6 section shall, in addition to any other penalty imposed, be
7 liable for the cost of the reestablishment of permanent survey
8 monuments or markers by a professional land surveyor and all
9 reasonable attorney fees.
10 (c) Affirmative defense.--It is an affirmative defense to
11 any prosecution for an offense under this section that the
12 survey monument or marker was improperly placed by a
13 professional land surveyor.
14 (d) Definitions.--As used in this section, the following
15 words and phrases shall have the meanings given to them in this
16 subsection:
17 "Professional land surveyor." As defined under the act of
18 May 23, 1945 (P.L.913, No.367), known as the Engineer, Land
19 Surveyor and Geologist Registration Law.
20 "Survey monument or marker." Any object adopted or placed by
21 a professional land surveyor to define the boundaries of a
22 property, including, but not limited to, natural objects such as
23 trees or streams, or artificial monuments such as iron pins,
24 concrete monuments, set stones or party walls. THE PHRASE DOES <--
25 NOT INCLUDE A WOODEN STAKE PLACED BY A PROFESSIONAL LAND
26 SURVEYOR AS A TEMPORARY MARKER OR PLACE HOLDER.
27 Section 2. Section 5537 of Title 42 is amended to read:
28 § 5537. Land surveying.
29 All actions to recover any or all damages against any person
30 engaged in the practice of land surveying occurring as the
--------------------------------------------------------------------------------
1 result of any deficiency, defect, omission, error or
2 miscalculation shall be commenced within [21] 12 years from the
3 time the services are performed. Any such action not commenced
4 within this [21-year] 12-year period shall be forever barred.
5 The cause of action in such cases shall accrue when the services
6 are performed. Furthermore, any action shall be commenced within
7 four years from the time that such cause of action was
8 discovered, but no later than during this [21-year] 12-year
9 limitation period. In any event, no action shall be commenced
10 after the [21] 12 years from the time that the services are
11 performed. The term "practice of land surveying" shall be the
12 same as defined under the act of May 23, 1945 (P.L.913, No.367),
13 known as the [Professional Engineers] Engineer, Land Surveyor
14 and Geologist Registration Law.
15 Section 3. This act shall take effect in 60 days.




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