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1 | AN ACT concerning State government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the Open | ||||||
5 | Operating Standards Act. | ||||||
6 | Section 5. Definitions. As used in this Act: | ||||||
7 | "Cloud computing" has the meaning provided by Special | ||||||
8 | Publication 800-145 issued by the National Institute of | ||||||
9 | Standards and Technology of the United States Department of | ||||||
10 | Commerce.
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11 | "Data" means final versions of statistical or factual | ||||||
12 | information: (a) in alphanumeric form reflected in a list, | ||||||
13 | table, graph, chart, or other non-narrative form that can be | ||||||
14 | digitally transmitted or processed; and (b) regularly created | ||||||
15 | or maintained by or on behalf of and owned by an agency that | ||||||
16 | records a measurement, transaction, or determination related | ||||||
17 | to the mission of an agency. "Data" does not include | ||||||
18 | information provided to an agency by other governmental | ||||||
19 | entities, nor does it include image files, such as designs, | ||||||
20 | drawings, maps, photos, or scanned copies of original | ||||||
21 | documents, except that it does include statistical or factual | ||||||
22 | information about such image files and shall include geographic | ||||||
23 | information system data. "Data" does not include:
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1 | (1) data to which an agency may deny access pursuant to | ||||||
2 | any provision of a federal, State, or local law, rule, or | ||||||
3 | regulation, including, but not limited to, the Freedom of | ||||||
4 | Information Act;
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5 | (2) data that contains a significant amount of | ||||||
6 | information to which an agency may deny access pursuant to | ||||||
7 | any provision of a federal, State, or local law, rule, or | ||||||
8 | regulation;
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9 | (3) data that reflects the internal deliberative | ||||||
10 | process of an agency or agencies, including but not limited | ||||||
11 | to negotiating positions, future procurements, or pending | ||||||
12 | or reasonably anticipated legal or administrative | ||||||
13 | proceedings;
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14 | (4) data stored on an agency-owned personal computing | ||||||
15 | device, or data stored on a portion of a network that has | ||||||
16 | been exclusively assigned to a single agency employee or a | ||||||
17 | single agency owned or controlled computing device;
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18 | (5) materials subject to copyright, patent, trademark, | ||||||
19 | confidentiality agreements, or trade secret protection;
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20 | (6) proprietary applications, computer code, software, | ||||||
21 | operating systems, or similar materials;
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22 | (7) employment records, internal employee-related | ||||||
23 | directories or lists, facilities data, information | ||||||
24 | technology, internal service-desk and other data related | ||||||
25 | to internal agency administration; and
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26 | (8) any other data the publication of which is |
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1 | prohibited by law.
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2 | "Grant funds" means any public funds dispensed by a grantor | ||||||
3 | agency to any person or entity for obligation, expenditure, or | ||||||
4 | use by that person or entity for a specific purpose or purposes | ||||||
5 | and any funds disbursed by the State Comptroller pursuant to an | ||||||
6 | appropriation made by the General Assembly to a named entity or | ||||||
7 | person. Funds disbursed in accordance with a fee for service | ||||||
8 | purchase of care contract are not grant funds for purposes of | ||||||
9 | this Act. | ||||||
10 | Neither the method by which funds are dispensed whether by | ||||||
11 | contract, agreement, grant subsidy, letter of credit, or any | ||||||
12 | other method nor the purpose for which the funds are used can | ||||||
13 | change the character of funds which otherwise would be | ||||||
14 | considered grant funds as defined in this Section. | ||||||
15 | "Grantee" means the person or entity which may use grant | ||||||
16 | funds. | ||||||
17 | "Grantor agency" means a State agency that dispenses grant | ||||||
18 | funds. | ||||||
19 | "Open operating standard" means a technical standard | ||||||
20 | developed and maintained by a voluntary consensus standards | ||||||
21 | body that is available to the public without royalty or fee.
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22 | "Public data" means all data that is collected by any unit | ||||||
23 | of State or local government in pursuance of that entity's | ||||||
24 | official responsibilities which is otherwise subject to | ||||||
25 | disclosure pursuant to the Freedom of Information Act, and is | ||||||
26 | not prohibited from disclosure pursuant to any other |
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1 | contravening legal instrument, including, but not limited to, a | ||||||
2 | superseding provision of federal or State law or an injunction | ||||||
3 | from a court of competent jurisdiction.
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4 | "State agency" or "agency" has the meaning ascribed to the | ||||||
5 | term "agency" in Section 3.1 of the Executive Reorganization | ||||||
6 | Implementation Act. | ||||||
7 | "Strategic enterprise application plan" means a | ||||||
8 | comprehensive program developed by a State agency, | ||||||
9 | articulating both principles and goals related to the | ||||||
10 | application of its services and programs to the current and | ||||||
11 | future needs of enterprise in Illinois. | ||||||
12 | "Strategic plan" means an organization's evaluation, over | ||||||
13 | a period of up to 5 years, of its strategy and direction, | ||||||
14 | including a framework for decision-making with respect to | ||||||
15 | resource allocation to achieve defined goals.
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16 | "Voluntary consensus standards body" means an organization | ||||||
17 | that plans, develops, establishes, or coordinates voluntary | ||||||
18 | consensus standards using agreed-upon procedures. A voluntary | ||||||
19 | consensus standards body has the following attributes: | ||||||
20 | openness; balance of interest; due process; an appeals process; | ||||||
21 | and consensus.
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22 | Section 10. Open operating standard. | ||||||
23 | (a) There is hereby established an open operating standard, | ||||||
24 | to be known as "Illinois Open Data", for the State of Illinois. | ||||||
25 | Under this open operating standard, each agency of State |
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1 | government under the jurisdiction of the Governor shall make | ||||||
2 | available public data sets of public information. Any unit of | ||||||
3 | local government may adopt the State standard for itself.
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4 | (b) To implement this Act, the Office of the Governor may, | ||||||
5 | by rule, establish policies, standards, and guidance as | ||||||
6 | required herein. The Illinois Administrative Procedure Act is | ||||||
7 | hereby expressly adopted and shall apply to all rules made | ||||||
8 | pursuant to this Act. | ||||||
9 | Section 15. Function; protocol and compliance. | ||||||
10 | (a) Public data sets that are made available on the | ||||||
11 | Internet by agencies shall be accessible through a single web | ||||||
12 | portal that is linked to data.illinois.gov or any successor | ||||||
13 | website maintained by, or on behalf of, the State of Illinois. | ||||||
14 | If an agency cannot make all such public data sets available on | ||||||
15 | the single web portal, the agency shall report to the Office of | ||||||
16 | the Governor the public data set or sets it is unable to make | ||||||
17 | available, the reasons why it cannot do so, and the date by | ||||||
18 | which the agency expects those data sets to be available on the | ||||||
19 | single web portal.
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20 | (b) Public data sets shall be made available in accordance | ||||||
21 | with technical standards published by the Office of the | ||||||
22 | Governor. The technical standards shall be determined by the | ||||||
23 | Office of the Governor, in consultation with the subject matter | ||||||
24 | experts from all State agencies and representatives of units of | ||||||
25 | local government, not-for-profit organizations specializing in |
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1 | technology and innovation, the academic community, and other | ||||||
2 | interested groups as designated by the Office of the Governor.
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3 | (1) Public data sets shall be provided in a format that | ||||||
4 | permits public notification of all updates whenever | ||||||
5 | possible. The Office of the Governor shall, by rule, in | ||||||
6 | consultation with subject matter experts from interested | ||||||
7 | State agencies, establish appropriate policies, | ||||||
8 | procedures, and protocols for the coordinated management | ||||||
9 | of the State's information technology resources. | ||||||
10 | (2) Public data sets shall be updated as often as is | ||||||
11 | necessary to preserve the integrity and usefulness of the | ||||||
12 | data sets, to the extent that the agency regularly | ||||||
13 | maintains or updates the public data set.
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14 | (3) Public data sets shall be made available without | ||||||
15 | any registration requirement, license requirement, or | ||||||
16 | restrictions on their use provided that the agency may | ||||||
17 | require a third party providing to the public any public | ||||||
18 | data set, or application utilizing such data set, to | ||||||
19 | explicitly identify the source and version of the public | ||||||
20 | data set and a description of any modifications made to | ||||||
21 | such public data set. Registration requirements, license | ||||||
22 | requirements, or restrictions as used in this Section shall | ||||||
23 | not include measures designed or required to ensure access | ||||||
24 | to public data sets, to protect the single website housing | ||||||
25 | public data sets from unlawful abuse or attempts to damage | ||||||
26 | or impair use of the website, or to analyze the types of |
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1 | data being used to improve service delivery.
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2 | (4) Public data sets shall be accessible to external | ||||||
3 | search capabilities.
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4 | (c) Within 60 days of the effective date of this Act, the | ||||||
5 | Office of the Governor shall prepare and publish: (1) a | ||||||
6 | technical standards manual for the publishing of public data | ||||||
7 | sets in raw or unprocessed form through a single web portal by | ||||||
8 | State agencies for the purpose of making public data available | ||||||
9 | to the greatest number of users and for the greatest number of | ||||||
10 | applications and shall, whenever practicable, use open | ||||||
11 | standards for web publishing and e-government.
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12 | The manual shall identify the reasons why each technical | ||||||
13 | standard was selected and for which types of data it is | ||||||
14 | applicable, and may recommend or require that data be published | ||||||
15 | in more than one technical standard. The manual shall include a | ||||||
16 | plan to adopt or utilize a web application programming | ||||||
17 | interface that permits application programs to request and | ||||||
18 | receive public data sets directly from the web portal. The | ||||||
19 | manual and related policies may be updated as necessary.
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20 | (d) The Office of the Governor shall consult with units of | ||||||
21 | local government, not-for-profit organizations with a | ||||||
22 | specialization in technology and innovation, agencies of other | ||||||
23 | states, academic institutions, and voluntary consensus | ||||||
24 | standards bodies, and, when such participation is feasible, in | ||||||
25 | the public interest, and compatible with agency and | ||||||
26 | departmental missions, authorities, and priorities, |
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1 | participate with such bodies in the development of technical | ||||||
2 | and open standards.
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3 | (e) Within 120 days of the effective date of this Act, each | ||||||
4 | State agency shall submit a compliance plan, together with a | ||||||
5 | draft long-term strategic enterprise application plan | ||||||
6 | consistent with this Act, to the Office of the Governor and | ||||||
7 | shall make such plan available to the public on the | ||||||
8 | data.illinois.gov web portal. Each State agency shall | ||||||
9 | collaborate with the Governor's Office in formulating its plan. | ||||||
10 | The plan shall include:
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11 | (1) a summary description of public data sets under the | ||||||
12 | control of each State agency on or after the effective date | ||||||
13 | of this Act; and
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14 | (2) a summary explanation of how its plans, charters, | ||||||
15 | budgets, capital expenditures, contracts, and other | ||||||
16 | related documents and information for each information | ||||||
17 | technology and telecommunications project it proposes to | ||||||
18 | undertake can be utilized to support Illinois Open Data and | ||||||
19 | related savings and efficiencies.
The plan shall | ||||||
20 | prioritize public data sets for inclusion on the single web | ||||||
21 | portal on or before December 31, 2014, in accordance with | ||||||
22 | the standards provided for in subsections (b) and (c) of | ||||||
23 | this Section.
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24 | (f) For purposes of prioritizing public data sets, State | ||||||
25 | agencies shall consider whether information embodied in the | ||||||
26 | public data set: (1) can be used to increase agency |
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1 | accountability and responsiveness; (2) improves public | ||||||
2 | knowledge of the agency and its operations; (3) furthers the | ||||||
3 | mission of the agency; (4) creates economic opportunity; (5) is | ||||||
4 | received via the on-line forum for inclusion of particular | ||||||
5 | public data sets; or (6) responds to a need or demand | ||||||
6 | identified by public consultation.
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7 | (g) Consistent with both the Executive Order 10 (2010) | ||||||
8 | directive requiring State agencies to limit information | ||||||
9 | technology expenditures by increasing the use of cloud | ||||||
10 | computing where appropriate, and with the initiatives and | ||||||
11 | standards announced in the United States Department of Homeland | ||||||
12 | Security publication "Federal Cloud Computing Strategy" dated | ||||||
13 | February 8, 2011, all State agencies are required to evaluate | ||||||
14 | safe, secure cloud computing options, before making any new | ||||||
15 | information technology or telecommunications investments, and, | ||||||
16 | if feasible, adopt appropriate cloud computing solutions. Each | ||||||
17 | State agency shall re-evaluate its technology sourcing | ||||||
18 | strategy to include consideration and use of cloud computing | ||||||
19 | solutions as part of the budget process.
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20 | Section 20. Grant information reporting. | ||||||
21 | (a) Each grantor agency that is authorized to award grant | ||||||
22 | funds to an entity other than the State of Illinois shall | ||||||
23 | coordinate with the Office of the Governor to periodically | ||||||
24 | provide for publication, at data.illinois.gov or any other | ||||||
25 | publicly accessible website designated by the Governor's |
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1 | Office, of data sets containing information regarding awards of | ||||||
2 | grant funds that the grantor agency has made during the | ||||||
3 | previous fiscal year. The data sets shall include, at a | ||||||
4 | minimum, the following: | ||||||
5 | (1) the name of the grantor agency; | ||||||
6 | (2) the name of the grantee; | ||||||
7 | (3) a short description of the purpose of the award of | ||||||
8 | grant funds; | ||||||
9 | (4) the amount of each award of grant funds; | ||||||
10 | (5) the date of each award of grant funds; and | ||||||
11 | (6) the duration of each award of grant funds. | ||||||
12 | In addition, each grantor agency shall make best efforts, | ||||||
13 | with available resources and technology, to make available in | ||||||
14 | the data sets any other data that is relevant to its award of | ||||||
15 | grant funds. | ||||||
16 | (b) Data not subject to the requirements of this Section | ||||||
17 | include, but are not limited to, data to which a State agency | ||||||
18 | may deny access pursuant to any provision of a federal, State, | ||||||
19 | or local law, rule, or regulation, as well as data that contain | ||||||
20 | a significant amount of data to which a State agency may deny | ||||||
21 | access pursuant to any provision of a federal, State, or local | ||||||
22 | law, rule, or regulation. | ||||||
23 | Section 25. Open data legal policies. | ||||||
24 | (a) The Office of the Governor shall conspicuously publish | ||||||
25 | the open data legal policies contained in subsection (c) of |
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1 | this Section on the web portal.
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2 | (b) The Office of the Governor may establish and maintain | ||||||
3 | an on-line forum to solicit feedback from the public and to | ||||||
4 | encourage public discussion on open data policies and public | ||||||
5 | data set availability on the web portal.
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6 | (c) Open data legal policy. The use of the public data | ||||||
7 | provided under this Act is subject to the following:
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8 | (1) Public data sets made available on the web portal | ||||||
9 | are provided for informational purposes only. The State | ||||||
10 | does not warrant the completeness, accuracy, content, or | ||||||
11 | fitness for any particular purpose or use of any public | ||||||
12 | data set made available on the web portal, nor are any such | ||||||
13 | warranties to be implied or inferred with respect to the | ||||||
14 | public data sets furnished under this Act.
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15 | (2) The State is not liable for any deficiencies in the | ||||||
16 | completeness, accuracy, content, or fitness for any | ||||||
17 | particular purpose or use of any public data set or any | ||||||
18 | third party application utilizing such data set.
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19 | (3) Nothing in this Act shall be construed to create a | ||||||
20 | private right of action to enforce its provisions.
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21 | (4) All public data sets shall be entirely in the | ||||||
22 | public domain for purposes of federal copyright law.
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23 | Section 30. General provisions. | ||||||
24 | (a) To the extent that any Executive Order, Administrative | ||||||
25 | Order, Intergovernmental or Interagency Agreement (to which |
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1 | the State of Illinois or one of its executive branch agencies | ||||||
2 | is a party), or other policy, procedure, or protocol conflicts | ||||||
3 | with, contradicts, or is inconsistent with any provision of | ||||||
4 | this Act, that conflicting, contradicting, or inconsistent | ||||||
5 | Order, Agreement, policy, procedure, or protocol is hereby | ||||||
6 | expressly revoked, repealed, and superseded.
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7 | (b) Nothing in this Act shall be construed to contravene | ||||||
8 | any State or federal law or any collective bargaining | ||||||
9 | agreement.
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10 | Section 35. Severability. The provisions of this Act are | ||||||
11 | severable under Section 1.31 of the Statute on Statutes. | ||||||
12 | Section 40. Repealer. This Act is repealed on January 21, | ||||||
13 | 2019.
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14 | Section 99. Effective date. This Act takes effect upon | ||||||
15 | becoming law, except that Section 20 takes effect on January 1, | ||||||
16 | 2014.
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