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Public Act 098-0627 |
HB1040 Enrolled | LRB098 03825 HLH 33841 b |
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the Open |
Operating Standards Act. |
Section 5. Definitions. As used in this Act: |
"Cloud computing" has the meaning provided by Special |
Publication 800-145 issued by the National Institute of |
Standards and Technology of the United States Department of |
Commerce.
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"Data" means final versions of statistical or factual |
information: (a) in alphanumeric form reflected in a list, |
table, graph, chart, or other non-narrative form that can be |
digitally transmitted or processed; and (b) regularly created |
or maintained by or on behalf of and owned by an agency that |
records a measurement, transaction, or determination related |
to the mission of an agency. "Data" does not include |
information provided to an agency by other governmental |
entities, nor does it include image files, such as designs, |
drawings, maps, photos, or scanned copies of original |
documents, except that it does include statistical or factual |
information about such image files and shall include geographic |
information system data. "Data" does not include:
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(1) data to which an agency may deny access pursuant to |
any provision of a federal, State, or local law, rule, or |
regulation, including, but not limited to, the Freedom of |
Information Act;
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(2) data that contains a significant amount of |
information to which an agency may deny access pursuant to |
any provision of a federal, State, or local law, rule, or |
regulation;
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(3) data that reflects the internal deliberative |
process of an agency or agencies, including but not limited |
to negotiating positions, future procurements, or pending |
or reasonably anticipated legal or administrative |
proceedings;
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(4) data stored on an agency-owned personal computing |
device, or data stored on a portion of a network that has |
been exclusively assigned to a single agency employee or a |
single agency owned or controlled computing device;
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(5) materials subject to copyright, patent, trademark, |
confidentiality agreements, or trade secret protection;
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(6) proprietary applications, computer code, software, |
operating systems, or similar materials;
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(7) employment records, internal employee-related |
directories or lists, facilities data, information |
technology, internal service-desk and other data related |
to internal agency administration; and
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(8) any other data the publication of which is |
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prohibited by law.
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"Grant funds" means any public funds dispensed by a grantor |
agency to any person or entity for obligation, expenditure, or |
use by that person or entity for a specific purpose or purposes |
and any funds disbursed by the State Comptroller pursuant to an |
appropriation made by the General Assembly to a named entity or |
person. Funds disbursed in accordance with a fee for service |
purchase of care contract are not grant funds for purposes of |
this Act. |
Neither the method by which funds are dispensed whether by |
contract, agreement, grant subsidy, letter of credit, or any |
other method nor the purpose for which the funds are used can |
change the character of funds which otherwise would be |
considered grant funds as defined in this Section. |
"Grantee" means the person or entity which may use grant |
funds. |
"Grantor agency" means a State agency that dispenses grant |
funds. |
"Open operating standard" means a technical standard |
developed and maintained by a voluntary consensus standards |
body that is available to the public without royalty or fee.
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"Public data" means all data that is collected by any unit |
of State or local government in pursuance of that entity's |
official responsibilities which is otherwise subject to |
disclosure pursuant to the Freedom of Information Act, and is |
not prohibited from disclosure pursuant to any other |
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contravening legal instrument, including, but not limited to, a |
superseding provision of federal or State law or an injunction |
from a court of competent jurisdiction.
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"State agency" or "agency" has the meaning ascribed to the |
term "agency" in Section 3.1 of the Executive Reorganization |
Implementation Act. |
"Strategic enterprise application plan" means a |
comprehensive program developed by a State agency, |
articulating both principles and goals related to the |
application of its services and programs to the current and |
future needs of enterprise in Illinois. |
"Strategic plan" means an organization's evaluation, over |
a period of up to 5 years, of its strategy and direction, |
including a framework for decision-making with respect to |
resource allocation to achieve defined goals.
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"Voluntary consensus standards body" means an organization |
that plans, develops, establishes, or coordinates voluntary |
consensus standards using agreed-upon procedures. A voluntary |
consensus standards body has the following attributes: |
openness; balance of interest; due process; an appeals process; |
and consensus.
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Section 10. Open operating standard. |
(a) There is hereby established an open operating standard, |
to be known as "Illinois Open Data", for the State of Illinois. |
Under this open operating standard, each agency of State |
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government under the jurisdiction of the Governor shall make |
available public data sets of public information. Any unit of |
local government may adopt the State standard for itself.
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(b) To implement this Act, the Office of the Governor may, |
by rule, establish policies, standards, and guidance as |
required herein. The Illinois Administrative Procedure Act is |
hereby expressly adopted and shall apply to all rules made |
pursuant to this Act. |
Section 15. Function; protocol and compliance. |
(a) Public data sets that are made available on the |
Internet by agencies shall be accessible through a single web |
portal that is linked to data.illinois.gov or any successor |
website maintained by, or on behalf of, the State of Illinois. |
If an agency cannot make all such public data sets available on |
the single web portal, the agency shall report to the Office of |
the Governor the public data set or sets it is unable to make |
available, the reasons why it cannot do so, and the date by |
which the agency expects those data sets to be available on the |
single web portal.
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(b) Public data sets shall be made available in accordance |
with technical standards published by the Office of the |
Governor. The technical standards shall be determined by the |
Office of the Governor, in consultation with the subject matter |
experts from all State agencies and representatives of units of |
local government, not-for-profit organizations specializing in |
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technology and innovation, the academic community, and other |
interested groups as designated by the Office of the Governor.
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(1) Public data sets shall be provided in a format that |
permits public notification of all updates whenever |
possible. The Office of the Governor shall, by rule, in |
consultation with subject matter experts from interested |
State agencies, establish appropriate policies, |
procedures, and protocols for the coordinated management |
of the State's information technology resources. |
(2) Public data sets shall be updated as often as is |
necessary to preserve the integrity and usefulness of the |
data sets, to the extent that the agency regularly |
maintains or updates the public data set.
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(3) Public data sets shall be made available without |
any registration requirement, license requirement, or |
restrictions on their use provided that the agency may |
require a third party providing to the public any public |
data set, or application utilizing such data set, to |
explicitly identify the source and version of the public |
data set and a description of any modifications made to |
such public data set. Registration requirements, license |
requirements, or restrictions as used in this Section shall |
not include measures designed or required to ensure access |
to public data sets, to protect the single website housing |
public data sets from unlawful abuse or attempts to damage |
or impair use of the website, or to analyze the types of |
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data being used to improve service delivery.
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(4) Public data sets shall be accessible to external |
search capabilities.
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(c) Within 60 days of the effective date of this Act, the |
Office of the Governor shall prepare and publish: (1) a |
technical standards manual for the publishing of public data |
sets in raw or unprocessed form through a single web portal by |
State agencies for the purpose of making public data available |
to the greatest number of users and for the greatest number of |
applications and shall, whenever practicable, use open |
standards for web publishing and e-government.
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The manual shall identify the reasons why each technical |
standard was selected and for which types of data it is |
applicable, and may recommend or require that data be published |
in more than one technical standard. The manual shall include a |
plan to adopt or utilize a web application programming |
interface that permits application programs to request and |
receive public data sets directly from the web portal. The |
manual and related policies may be updated as necessary.
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(d) The Office of the Governor shall consult with units of |
local government, not-for-profit organizations with a |
specialization in technology and innovation, agencies of other |
states, academic institutions, and voluntary consensus |
standards bodies, and, when such participation is feasible, in |
the public interest, and compatible with agency and |
departmental missions, authorities, and priorities, |
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participate with such bodies in the development of technical |
and open standards.
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(e) Within 120 days of the effective date of this Act, each |
State agency shall submit a compliance plan, together with a |
draft long-term strategic enterprise application plan |
consistent with this Act, to the Office of the Governor and |
shall make such plan available to the public on the |
data.illinois.gov web portal. Each State agency shall |
collaborate with the Governor's Office in formulating its plan. |
The plan shall include:
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(1) a summary description of public data sets under the |
control of each State agency on or after the effective date |
of this Act; and
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(2) a summary explanation of how its plans, charters, |
budgets, capital expenditures, contracts, and other |
related documents and information for each information |
technology and telecommunications project it proposes to |
undertake can be utilized to support Illinois Open Data and |
related savings and efficiencies.
The plan shall |
prioritize public data sets for inclusion on the single web |
portal on or before December 31, 2014, in accordance with |
the standards provided for in subsections (b) and (c) of |
this Section.
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(f) For purposes of prioritizing public data sets, State |
agencies shall consider whether information embodied in the |
public data set: (1) can be used to increase agency |
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accountability and responsiveness; (2) improves public |
knowledge of the agency and its operations; (3) furthers the |
mission of the agency; (4) creates economic opportunity; (5) is |
received via the on-line forum for inclusion of particular |
public data sets; or (6) responds to a need or demand |
identified by public consultation.
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(g) Consistent with both the Executive Order 10 (2010) |
directive requiring State agencies to limit information |
technology expenditures by increasing the use of cloud |
computing where appropriate, and with the initiatives and |
standards announced in the United States Department of Homeland |
Security publication "Federal Cloud Computing Strategy" dated |
February 8, 2011, all State agencies are required to evaluate |
safe, secure cloud computing options, before making any new |
information technology or telecommunications investments, and, |
if feasible, adopt appropriate cloud computing solutions. Each |
State agency shall re-evaluate its technology sourcing |
strategy to include consideration and use of cloud computing |
solutions as part of the budget process.
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Section 20. Grant information reporting. |
(a) Each grantor agency that is authorized to award grant |
funds to an entity other than the State of Illinois shall |
coordinate with the Office of the Governor to periodically |
provide for publication, at data.illinois.gov or any other |
publicly accessible website designated by the Governor's |
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Office, of data sets containing information regarding awards of |
grant funds that the grantor agency has made during the |
previous fiscal year. The data sets shall include, at a |
minimum, the following: |
(1) the name of the grantor agency; |
(2) the name of the grantee; |
(3) a short description of the purpose of the award of |
grant funds; |
(4) the amount of each award of grant funds; |
(5) the date of each award of grant funds; and |
(6) the duration of each award of grant funds. |
In addition, each grantor agency shall make best efforts, |
with available resources and technology, to make available in |
the data sets any other data that is relevant to its award of |
grant funds. |
(b) Data not subject to the requirements of this Section |
include, but are not limited to, data to which a State agency |
may deny access pursuant to any provision of a federal, State, |
or local law, rule, or regulation, as well as data that contain |
a significant amount of data to which a State agency may deny |
access pursuant to any provision of a federal, State, or local |
law, rule, or regulation. |
Section 25. Open data legal policies. |
(a) The Office of the Governor shall conspicuously publish |
the open data legal policies contained in subsection (c) of |
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this Section on the web portal.
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(b) The Office of the Governor may establish and maintain |
an on-line forum to solicit feedback from the public and to |
encourage public discussion on open data policies and public |
data set availability on the web portal.
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(c) Open data legal policy. The use of the public data |
provided under this Act is subject to the following:
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(1) Public data sets made available on the web portal |
are provided for informational purposes only. The State |
does not warrant the completeness, accuracy, content, or |
fitness for any particular purpose or use of any public |
data set made available on the web portal, nor are any such |
warranties to be implied or inferred with respect to the |
public data sets furnished under this Act.
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(2) The State is not liable for any deficiencies in the |
completeness, accuracy, content, or fitness for any |
particular purpose or use of any public data set or any |
third party application utilizing such data set.
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(3) Nothing in this Act shall be construed to create a |
private right of action to enforce its provisions.
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(4) All public data sets shall be entirely in the |
public domain for purposes of federal copyright law.
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Section 30. General provisions. |
(a) To the extent that any Executive Order, Administrative |
Order, Intergovernmental or Interagency Agreement (to which |
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the State of Illinois or one of its executive branch agencies |
is a party), or other policy, procedure, or protocol conflicts |
with, contradicts, or is inconsistent with any provision of |
this Act, that conflicting, contradicting, or inconsistent |
Order, Agreement, policy, procedure, or protocol is hereby |
expressly revoked, repealed, and superseded.
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(b) Nothing in this Act shall be construed to contravene |
any State or federal law or any collective bargaining |
agreement.
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Section 35. Severability. The provisions of this Act are |
severable under Section 1.31 of the Statute on Statutes. |
Section 40. Repealer. This Act is repealed on January 21, |
2019.
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Section 99. Effective date. This Act takes effect upon |
becoming law, except that Section 20 takes effect on January 1, |
2014.
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