Rep. Michael W. Tryon

Filed: 4/17/2013





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2    AMENDMENT NO. ______. Amend House Bill 1040, AS AMENDED, by
3replacing everything after the enacting clause with the
5    "Section 1. Short title. This Act may be cited as the Open
6Operating Standard Act.
7    Section 5. Findings and purposes.
8    (a) The General Assembly finds that:
9        (1) the State of Illinois data portal,
10, empowers the public to access and use
11    public data collected and maintained by the State of
12    Illinois and the federal government;
13        (2) the State of Illinois is committed to be a national
14    leader in improving access to public data sets for all
15    citizens, and to encourage entrepreneurs and innovators to
16    draw on this data for the benefit of all in the Land of



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1    Lincoln;
2        (3) the State and the municipalities of Illinois
3    collect information and data on numerous topics including
4    services available to the residents of Illinois;
5        (4) finding and utilizing government data, data that
6    should be readily accessible, is often burdensome for both
7    developers and the general public;
8        (5) government information should be organized with
9    consistency and should be freely available; and
10        (6) meeting the State's commitment to providing open
11    data will require the adoption of an open data operating
12    standard and utilization of a cloud-based open data
13    platform for the State's open data portal, coordinated
14    strategic planning, where appropriate and feasible, by
15    agencies as to enterprise application portfolio
16    management, and will require the State to make its open
17    data portal available to all units of government within the
18    State including, but not limited to, municipalities,
19    counties and public universities statewide, so that
20    everyone may participate in the open data movement.
21    (b) The purposes of this Act are:
22        (1) to establish and implement a statewide commitment
23    to fully adopting an open operating standard, because
24    making public data available online using open standards
25    will make the operation of government across the State of
26    Illinois more transparent, effective and accountable to



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1    the public. A statewide policy of open data will streamline
2    intra-governmental and inter-governmental communication
3    and interoperability, permit the public to assist in
4    identifying efficient solutions for government, promote
5    innovative strategies for social progress, and create
6    economic opportunities;
7        (2) to establish protocols for State agencies to make
8    public data available online using open standards and a
9    process establishing statewide information technology
10    management standards, policies and governance principles
11    to enable the State to fully implement an open operating
12    standard while managing existing information technology
13    resources and capabilities with enhanced efficiency;
14        (3) to provide for coordinated strategic planning by
15    agencies with respect to application modernization,
16    information technology and telecommunication policy,
17    pursuant to a consistent statewide enterprise portfolio
18    strategy to maximize the amount of public data made
19    available and ensure compliance with this Act; and
20        (4) to establish, in accordance with Executive Order
21    2010-10, a policy under which each State agency will
22    evaluate cloud computing options before making any new
23    information technology or telecommunications investments.
24    Section 10. Definitions. As used in this Act:
25    "Cloud computing" has the meaning provided by Special



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1Publication 800-145 issued by the National Institute of
2Standards and Technology of the United States Department of
4    "Data" means final versions of statistical or factual
5information: (a) in alphanumeric form reflected in a list,
6table, graph, chart, or other non-narrative form that can be
7digitally transmitted or processed; and (b) regularly created
8or maintained by or on behalf of and owned by an agency that
9records a measurement, transaction, or determination related
10to the mission of an agency. "Data" does not include
11information provided to an agency by other governmental
12entities, nor does it include image files, such as designs,
13drawings, maps, photos, or scanned copies of original
14documents, except that it does include statistical or factual
15information about such image files and shall include geographic
16information system data. "Data" does not include:
17        (1) data to which an agency may deny access pursuant to
18    any provision of a federal, State, or local law, rule, or
19    regulation, including, but not limited to, the Freedom of
20    Information Act;
21        (2) data that contains a significant amount of
22    information to which an agency may deny access pursuant to
23    any provision of a federal, State, or local law, rule, or
24    regulation and where redacting such protected data in order
25    to publish the unprotected elements would impose undue
26    financial or administrative burden on the agency;



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1        (3) data that reflects the internal deliberative
2    process of an agency or agencies, including but not limited
3    to negotiating positions, future procurements, or pending
4    or reasonably anticipated legal or administrative
5    proceedings;
6        (4) data stored on an agency-owned personal computing
7    device, or data stored on a portion of a network that has
8    been exclusively assigned to a single agency employee or a
9    single agency owned or controlled computing device;
10        (5) materials subject to copyright, patent, trademark,
11    confidentiality agreements, or trade secret protection;
12        (6) proprietary applications, computer code, software,
13    operating systems, or similar materials;
14        (7) employment records, internal employee-related
15    directories or lists, facilities data, information
16    technology, internal service-desk and other data related
17    to internal agency administration; and
18        (8) any other data the publication of which is
19    prohibited by law.
20    "Grant funds" means any public funds dispensed by a grantor
21agency to any person or entity for obligation, expenditure, or
22use by that person or entity for a specific purpose or
23purposes. Funds disbursed by the State Comptroller pursuant to
24an appropriation made by the General Assembly to a named entity
25or person are not grant funds for purposes of this Act. Funds
26disbursed in accordance with a fee for service purchase of care



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1contract are not grant funds for purposes of this Act.
2    Neither the method by which funds are dispensed whether by
3contract, agreement, grant subsidy, letter of credit, or any
4other method nor the purpose for which the funds are used can
5change the character of funds which otherwise would be
6considered grant funds as defined in this Section.
7    "Grantee" means the person or entity which may use grant
9    "Grantor agency" means a State agency that dispenses grant
11    "Open operating standard" means a technical standard
12developed and maintained by a voluntary consensus standards
13body that is available to the public without royalty or fee.
14    "Public data" means all data that is collected by any unit
15of State or local government in pursuance of that entity's
16official responsibilities which is otherwise subject to
17disclosure pursuant to the Freedom of Information Act, and is
18not prohibited from disclosure pursuant to any other
19contravening legal instrument, including, but not limited to, a
20superseding provision of federal or State law or an injunction
21from a court of competent jurisdiction.
22    "State agency" or "agency" has the meaning ascribed to the
23term "agency" in Section 3.1 of the Executive Reorganization
24Implementation Act.
25    "Strategic plan" means an organization's evaluation, over
26a period of up to 5 years, of its strategy and direction,



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1including a framework for decision-making with respect to
2resource allocation to achieve defined goals.
3    "Voluntary consensus standards body" means an organization
4that plans, develops, establishes, or coordinates voluntary
5consensus standards using agreed-upon procedures. A voluntary
6consensus standards body has the following attributes:
7openness; balance of interest; due process; an appeals process;
8and consensus.
9    Section 15. Chief Information Officer; open operating
11    (a) There is created within the Office of the Governor a
12Chief Information Officer for the State. The Chief Information
13Officer shall serve at the pleasure of the Governor and shall
14receive such compensation as the Governor shall determine. The
15Chief Information Officer shall coordinate with each State
16agency to develop, using any existing or newly available
17resources and technology, appropriate systems to accurately
18report public information. These systems shall include a module
19that is specific to the management and administration of grant
21    (b) The Chief Information Officer shall establish an open
22operating standard, to be known as "Illinois Open Data", for
23the State of Illinois. Under this open operating standard, each
24agency of State government under the jurisdiction of the
25Governor shall make available public data sets of public



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1information. Any unit of local government may adopt the State
2standard for itself.
3    (c) To implement this Act, the Chief Information Officer
4shall, by rule, establish policies, standards, and guidance as
5provided herein. The Illinois Administrative Procedure Act is
6hereby expressly adopted and shall apply to all rulemaking by
7the Chief Information Officer under this Act.
8    In addition, the Chief Information Officer shall
9designate, with the approval of the Governor, a current
10employee of State government to act, in addition to his or her
11existing responsibilities, as the Deputy Chief Information
12Officer for Open Data.
13    Section 20. Function; protocol and compliance.
14    (a) Public data sets agencies make available on the
15Internet shall be accessible through a single web portal that
16is linked to or any successor website
17maintained by, or on behalf of, the State of Illinois. If an
18agency cannot make all such public data sets available on the
19single web portal, the agency shall report to the Chief
20Information Officer the public data set or sets it is unable to
21make available, the reasons why it cannot do so, and the date
22by which the agency expects those data sets to be available on
23the single web portal.
24    (b) Public data sets shall be made available in accordance
25with technical standards published by the Chief Information



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1Officer. The technical standards shall be determined by the
2Chief Information Officer, in consultation with the Deputy
3Chief Information Officer for Open Data, subject matter experts
4from all State agencies, and representatives of units of local
5government, not-for-profit organizations specializing in
6technology and innovation, the academic community, and other
7interested groups as designated by the Chief Information
9        (1) Public data sets shall be provided in a format that
10    permits automated processing and that makes use of
11    appropriate technology to notify the public of all updates.
12    The Chief Information Officer shall, by rule, establish
13    appropriate policies, procedures, and protocols for the
14    coordinated management of the State's information
15    technology resources. With the approval of the Office of
16    the Governor, the Chief Information Officer may designate
17    one or more persons to comprise the staff of the Office of
18    the Chief Information Officer in order to carry out the
19    duties set forth in this Act.
20        (2) Public data sets shall be updated as often as is
21    necessary to preserve the integrity and usefulness of the
22    data sets, to the extent that the agency regularly
23    maintains or updates the public data set.
24        (3) Public data sets shall be made available without
25    any registration requirement, license requirement, or
26    restrictions on their use provided that the agency may



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1    require a third party providing to the public any public
2    data set, or application utilizing such data set, to
3    explicitly identify the source and version of the public
4    data set and a description of any modifications made to
5    such public data set. Registration requirements, license
6    requirements, or restrictions as used in this Section shall
7    not include measures designed or required to ensure access
8    to public data sets, to protect the single website housing
9    public data sets from unlawful abuse or attempts to damage
10    or impair use of the website, or to analyze the types of
11    data being used to improve service delivery.
12        (4) Public data sets shall be accessible to external
13    search capabilities.
14    (c) Within 60 days of the effective date of this Act, the
15Chief Information Officer shall prepare and publish: (1) a
16technical standards manual for the publishing of public data
17sets in raw or unprocessed form through a single web portal by
18State agencies for the purpose of making public data available
19to the greatest number of users and for the greatest number of
20applications and shall, whenever practicable, use open
21standards for web publishing and e-government; and (2) as
22needed, portfolio management policies for ensuring compliance
23with the requirements of this Act.
24    The manual shall identify the reasons why each technical
25standard was selected and for which types of data it is
26applicable, and may recommend or require that data be published



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1in more than one technical standard. The manual shall include a
2plan to adopt or utilize a web application programming
3interface that permits application programs to request and
4receive public data sets directly from the web portal. The
5manual and related policies may be updated as necessary.
6    (d) The Chief Information Officer shall consult with units
7of local government, not-for-profit organizations with a
8specialization in technology and innovation, agencies of other
9states, academic institutions, and voluntary consensus
10standards bodies, and, when such participation is feasible, in
11the public interest, and compatible with agency and
12departmental missions, authorities, and priorities,
13participate with such bodies in the development of technical
14and open standards.
15    (e) Within 120 days of the effective date of this Act, each
16State agency shall submit a compliance plan, together with a
17draft long-term strategic enterprise application plan
18consistent with this Act, to the Office of the Governor and
19shall make such plan available to the public on the web portal. Each State agency shall
21collaborate with the Governor's Office and the Chief
22Information Officer in formulating its plan. The plan shall
24        (1) a summary description of public data sets under the
25    control of each State agency on or after the effective date
26    of this Act; and



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1        (2) a summary explanation of how its plans, charters,
2    budgets, capital expenditures, contracts, and other
3    related documents and information for each information
4    technology and telecommunications project it proposes to
5    undertake can be utilized to support Illinois Open Data and
6    related savings and efficiencies. The plan shall
7    prioritize public data sets for inclusion on the single web
8    portal on or before December 31, 2014, in accordance with
9    the standards provided for in subsections (b) and (c) of
10    this Section.
11    (f) For purposes of prioritizing public data sets, State
12agencies shall consider whether information embodied in the
13public data set: (1) can be used to increase agency
14accountability and responsiveness; (2) improves public
15knowledge of the agency and its operations; (3) furthers the
16mission of the agency; (4) creates economic opportunity; (5) is
17received via the on-line forum for inclusion of particular
18public data sets; or (6) responds to a need or demand
19identified by public consultation.
20    (g) No later than July 1, 2014 and every July 1 thereafter,
21the Chief Information Officer shall post on the web portal an
22update of the compliance plan. Each update shall include the
23specific measures undertaken to make public data sets available
24on the single web portal since the immediately preceding
25update, specific measures that will be undertaken prior to the
26next update, an update to the list of public data sets if



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1necessary, any changes to the prioritization of public data
2sets, and an update to the timeline for the inclusion of data
3sets on the single web portal if necessary.
4    (h) Consistent with both the Executive Order 10 (2010)
5directive requiring State agencies to limit information
6technology expenditures by increasing the use of cloud
7computing where appropriate, and with the initiatives and
8standards announced in the United States Department of Homeland
9Security publication "Federal Cloud Computing Strategy" dated
10February 8, 2011, all State agencies are required to evaluate
11safe, secure cloud computing options, before making any new
12information technology or telecommunications investments, and,
13if feasible, adopt appropriate cloud computing solutions. Each
14State agency shall re-evaluate its technology sourcing
15strategy to include consideration and use of cloud computing
16solutions as part of the budget process.
17    Section 22. Grant information reporting.
18    (a) Each grantor agency that is authorized to award grant
19funds to an entity other than the State of Illinois shall
20coordinate with the Chief Information Officer of the State to
21periodically provide for publication, at or
22any other publicly accessible website designated by the Chief
23Information Officer, of data sets containing information
24regarding awards of grant funds that the grantor agency has
25made during the previous fiscal year. The data sets shall



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1include, at a minimum, the following:
2        (1) the name of the grantor agency;
3        (2) the name of the grantee;
4        (3) a short description of the purpose of the award of
5    grant funds;
6        (4) the amount of each award of grant funds;
7        (5) the date of each award of grant funds; and
8        (6) the duration of each award of grant funds.
9    In addition, each grantor agency shall make best efforts,
10with available resources and technology, to make available in
11the data sets any other data that is relevant to its award of
12grant funds.
13    (b) Data not subject to the requirements of this Section
14include, but are not limited to, data to which a State agency
15may deny access pursuant to any provision of a federal, State,
16or local law, rule, or regulation, as well as data that contain
17a significant amount of data to which a State agency may deny
18access pursuant to any provision of a federal, State, or local
19law, rule, or regulation where redacting that data in order to
20publish the data would impose an undue financial or
21administrative burden.
22    Section 25. Open data legal policies.
23    (a) The Chief Information Officer shall conspicuously
24publish the open data legal policies contained in subsection
25(c) of this Section on the web portal.



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1    (b) The Chief Information Officer may establish and
2maintain an on-line forum to solicit feedback from the public
3and to encourage public discussion on open data policies and
4public data set availability on the web portal.
5    (c) Open data legal policy. The use of the public data
6provided under this Act is subject to the following:
7        (1) Public data sets made available on the web portal
8    are provided for informational purposes only. The State
9    does not warrant the completeness, accuracy, content, or
10    fitness for any particular purpose or use of any public
11    data set made available on the web portal, nor are any such
12    warranties to be implied or inferred with respect to the
13    public data sets furnished under this Act.
14        (2) The State is not liable for any deficiencies in the
15    completeness, accuracy, content, or fitness for any
16    particular purpose or use of any public data set or any
17    third party application utilizing such data set.
18        (3) Nothing in this Act shall be construed to create a
19    private right of action to enforce its provisions.
20        (4) All public data sets shall be entirely in the
21    public domain for purposes of federal copyright law.
22    Section 30. General provisions.
23    (a) To the extent that any Executive Order, Administrative
24Order, Intergovernmental or Interagency Agreement (to which
25the State of Illinois or one of its executive branch agencies



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1is a party), or other policy, procedure, or protocol conflicts
2with, contradicts, or is inconsistent with any provision of
3this Act, that conflicting, contradicting, or inconsistent
4Order, Agreement, policy, procedure, or protocol is hereby
5expressly revoked, repealed, and superseded.
6    (b) Nothing in this Act shall be construed to contravene
7any State or federal law or any collective bargaining
9    Section 35. Severability. The provisions of this Act are
10severable under Section 1.31 of the Statute on Statutes.
11    Section 99. Effective date. This Act takes effect upon
12becoming law, except that Section 22 takes effect on January 1,