Sen. Pamela J. Althoff

Filed: 5/7/2013





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2    AMENDMENT NO. ______. Amend House Bill 1040 by replacing
3everything after the enacting clause with the following:
4    "Section 1. Short title. This Act may be cited as the Open
5Operating Standards Act.
6    Section 5. Definitions. As used in this Act:
7    "Cloud computing" has the meaning provided by Special
8Publication 800-145 issued by the National Institute of
9Standards and Technology of the United States Department of
11    "Data" means final versions of statistical or factual
12information: (a) in alphanumeric form reflected in a list,
13table, graph, chart, or other non-narrative form that can be
14digitally transmitted or processed; and (b) regularly created
15or maintained by or on behalf of and owned by an agency that
16records a measurement, transaction, or determination related



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1to the mission of an agency. "Data" does not include
2information provided to an agency by other governmental
3entities, nor does it include image files, such as designs,
4drawings, maps, photos, or scanned copies of original
5documents, except that it does include statistical or factual
6information about such image files and shall include geographic
7information system data. "Data" does not include:
8        (1) data to which an agency may deny access pursuant to
9    any provision of a federal, State, or local law, rule, or
10    regulation, including, but not limited to, the Freedom of
11    Information Act;
12        (2) data that contains a significant amount of
13    information to which an agency may deny access pursuant to
14    any provision of a federal, State, or local law, rule, or
15    regulation;
16        (3) data that reflects the internal deliberative
17    process of an agency or agencies, including but not limited
18    to negotiating positions, future procurements, or pending
19    or reasonably anticipated legal or administrative
20    proceedings;
21        (4) data stored on an agency-owned personal computing
22    device, or data stored on a portion of a network that has
23    been exclusively assigned to a single agency employee or a
24    single agency owned or controlled computing device;
25        (5) materials subject to copyright, patent, trademark,
26    confidentiality agreements, or trade secret protection;



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1        (6) proprietary applications, computer code, software,
2    operating systems, or similar materials;
3        (7) employment records, internal employee-related
4    directories or lists, facilities data, information
5    technology, internal service-desk and other data related
6    to internal agency administration; and
7        (8) any other data the publication of which is
8    prohibited by law.
9    "Grant funds" means any public funds dispensed by a grantor
10agency to any person or entity for obligation, expenditure, or
11use by that person or entity for a specific purpose or purposes
12and any funds disbursed by the State Comptroller pursuant to an
13appropriation made by the General Assembly to a named entity or
14person. Funds disbursed in accordance with a fee for service
15purchase of care contract are not grant funds for purposes of
16this Act.
17    Neither the method by which funds are dispensed whether by
18contract, agreement, grant subsidy, letter of credit, or any
19other method nor the purpose for which the funds are used can
20change the character of funds which otherwise would be
21considered grant funds as defined in this Section.
22    "Grantee" means the person or entity which may use grant
24    "Grantor agency" means a State agency that dispenses grant
26    "Open operating standard" means a technical standard



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1developed and maintained by a voluntary consensus standards
2body that is available to the public without royalty or fee.
3    "Public data" means all data that is collected by any unit
4of State or local government in pursuance of that entity's
5official responsibilities which is otherwise subject to
6disclosure pursuant to the Freedom of Information Act, and is
7not prohibited from disclosure pursuant to any other
8contravening legal instrument, including, but not limited to, a
9superseding provision of federal or State law or an injunction
10from a court of competent jurisdiction.
11    "State agency" or "agency" has the meaning ascribed to the
12term "agency" in Section 3.1 of the Executive Reorganization
13Implementation Act.
14    "Strategic plan" means an organization's evaluation, over
15a period of up to 5 years, of its strategy and direction,
16including a framework for decision-making with respect to
17resource allocation to achieve defined goals.
18    "Voluntary consensus standards body" means an organization
19that plans, develops, establishes, or coordinates voluntary
20consensus standards using agreed-upon procedures. A voluntary
21consensus standards body has the following attributes:
22openness; balance of interest; due process; an appeals process;
23and consensus.
24    Section 10. Chief Information Officer; open operating



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1    (a) There is created within the Office of the Governor a
2Chief Information Officer for the State. The Chief Information
3Officer shall be a person qualified by training and experience
4to perform the duties required by this Act. The Chief
5Information Officer shall be appointed by the Governor, by and
6with the advice and consent of the Senate. The term of office
7of the Chief Information Officer shall expire on the third
8Monday of January in odd numbered years, provided that he or
9she shall hold office until a successor is appointed and
10qualified. The initial term of the Chief Information Officer
11shall begin on January 20, 2014. The annual salary of the Chief
12Information Officer is $120,000.
13    Any vacancy occurring in the office of the Chief
14Information Officer shall be filled in the same manner as the
15original appointment. In case of a vacancy during the recess of
16the Senate, the Governor shall make a temporary appointment
17until the next meeting of the Senate, when the Governor shall
18nominate some person to fill the office, and any person so
19nominated who is confirmed by the Senate shall hold office
20during the remainder of the term and until his or her successor
21is appointed and qualified.
22    During the absence or inability to act of the Chief
23Information Officer, or in the case of a vacancy in the office
24of Chief Information Officer, until a successor is appointed
25and qualified, the Governor may designate some person as Acting
26Chief Information Officer to execute the powers and discharge



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1the duties vested by law in that office. A person who is
2designated as an Acting Chief Information Officer shall not
3continue in office for more than 60 calendar days unless the
4Governor files a message with the Secretary of the Senate
5nominating that person to fill the office. After 60 calendar
6days, the office is considered vacant and shall be filled only
7under this Section and pursuant to the law applicable to making
8appointments. No person who has been appointed by the Governor
9to serve as Chief Information Officer shall, except at the
10Senate's request, be designated again as an Acting Chief
11information Officer at the same session of that Senate, subject
12to the provisions of this Section.
13     The Chief Information Officer shall coordinate with each
14State agency to develop, using any existing or newly available
15resources and technology, appropriate systems to accurately
16report public information. These systems shall include a module
17that is specific to the management and administration of grant
19    (b) The Chief Information Officer shall establish an open
20operating standard, to be known as "Illinois Open Data", for
21the State of Illinois. Under this open operating standard, each
22agency of State government under the jurisdiction of the
23Governor shall make available public data sets of public
24information. Any unit of local government may adopt the State
25standard for itself.
26    (c) To implement this Act, the Chief Information Officer



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



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



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



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



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



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



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1        (3) a short description of the purpose of the award of
2    grant funds;
3        (4) the amount of each award of grant funds;
4        (5) the date of each award of grant funds; and
5        (6) the duration of each award of grant funds.
6    In addition, each grantor agency shall make best efforts,
7with available resources and technology, to make available in
8the data sets any other data that is relevant to its award of
9grant funds.
10    (b) Data not subject to the requirements of this Section
11include, but are not limited to, data to which a State agency
12may deny access pursuant to any provision of a federal, State,
13or local law, rule, or regulation, as well as data that contain
14a significant amount of data to which a State agency may deny
15access pursuant to any provision of a federal, State, or local
16law, rule, or regulation.
17    Section 25. Open data legal policies.
18    (a) The Chief Information Officer shall conspicuously
19publish the open data legal policies contained in subsection
20(c) of this Section on the web portal.
21    (b) The Chief Information Officer may establish and
22maintain an on-line forum to solicit feedback from the public
23and to encourage public discussion on open data policies and
24public data set availability on the web portal.
25    (c) Open data legal policy. The use of the public data



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1provided under this Act is subject to the following:
2        (1) Public data sets made available on the web portal
3    are provided for informational purposes only. The State
4    does not warrant the completeness, accuracy, content, or
5    fitness for any particular purpose or use of any public
6    data set made available on the web portal, nor are any such
7    warranties to be implied or inferred with respect to the
8    public data sets furnished under this Act.
9        (2) The State is not liable for any deficiencies in the
10    completeness, accuracy, content, or fitness for any
11    particular purpose or use of any public data set or any
12    third party application utilizing such data set.
13        (3) Nothing in this Act shall be construed to create a
14    private right of action to enforce its provisions.
15        (4) All public data sets shall be entirely in the
16    public domain for purposes of federal copyright law.
17    Section 30. General provisions.
18    (a) To the extent that any Executive Order, Administrative
19Order, Intergovernmental or Interagency Agreement (to which
20the State of Illinois or one of its executive branch agencies
21is a party), or other policy, procedure, or protocol conflicts
22with, contradicts, or is inconsistent with any provision of
23this Act, that conflicting, contradicting, or inconsistent
24Order, Agreement, policy, procedure, or protocol is hereby
25expressly revoked, repealed, and superseded.



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1    (b) Nothing in this Act shall be construed to contravene
2any State or federal law or any collective bargaining
4    Section 35. Severability. The provisions of this Act are
5severable under Section 1.31 of the Statute on Statutes.
6    Section 40. Repealer. This Act is repealed on January 21,
8    Section 99. Effective date. This Act takes effect upon
9becoming law, except that Section 20 takes effect on January 1,