Sen. Pamela J. Althoff

Filed: 5/30/2013





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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 Standards Act.
7    Section 5. Definitions. As used in this Act:
8    "Cloud computing" has the meaning provided by Special
9Publication 800-145 issued by the National Institute of
10Standards and Technology of the United States Department of
12    "Data" means final versions of statistical or factual
13information: (a) in alphanumeric form reflected in a list,
14table, graph, chart, or other non-narrative form that can be
15digitally transmitted or processed; and (b) regularly created
16or maintained by or on behalf of and owned by an agency that



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



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



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1    "Open operating standard" means a technical standard
2developed and maintained by a voluntary consensus standards
3body that is available to the public without royalty or fee.
4    "Public data" means all data that is collected by any unit
5of State or local government in pursuance of that entity's
6official responsibilities which is otherwise subject to
7disclosure pursuant to the Freedom of Information Act, and is
8not prohibited from disclosure pursuant to any other
9contravening legal instrument, including, but not limited to, a
10superseding provision of federal or State law or an injunction
11from a court of competent jurisdiction.
12    "State agency" or "agency" has the meaning ascribed to the
13term "agency" in Section 3.1 of the Executive Reorganization
14Implementation Act.
15    "Strategic enterprise application plan" means a
16comprehensive program developed by a State agency,
17articulating both principles and goals related to the
18application of its services and programs to the current and
19future needs of enterprise in Illinois.
20    "Strategic plan" means an organization's evaluation, over
21a period of up to 5 years, of its strategy and direction,
22including a framework for decision-making with respect to
23resource allocation to achieve defined goals.
24    "Voluntary consensus standards body" means an organization
25that plans, develops, establishes, or coordinates voluntary
26consensus standards using agreed-upon procedures. A voluntary



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1consensus standards body has the following attributes:
2openness; balance of interest; due process; an appeals process;
3and consensus.
4    Section 10. Open operating standard.
5    (a) There is hereby established an open operating standard,
6to be known as "Illinois Open Data", for the State of Illinois.
7Under this open operating standard, each agency of State
8government under the jurisdiction of the Governor shall make
9available public data sets of public information. Any unit of
10local government may adopt the State standard for itself.
11    (b) To implement this Act, the Office of the Governor may,
12by rule, establish policies, standards, and guidance as
13required herein. The Illinois Administrative Procedure Act is
14hereby expressly adopted and shall apply to all rules made
15pursuant to this Act.
16    Section 15. Function; protocol and compliance.
17    (a) Public data sets that are made available on the
18Internet by agencies shall be accessible through a single web
19portal that is linked to or any successor
20website maintained by, or on behalf of, the State of Illinois.
21If an agency cannot make all such public data sets available on
22the single web portal, the agency shall report to the Office of
23the Governor the public data set or sets it is unable to make
24available, the reasons why it cannot do so, and the date by



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1which the agency expects those data sets to be available on the
2single web portal.
3    (b) Public data sets shall be made available in accordance
4with technical standards published by the Office of the
5Governor. The technical standards shall be determined by the
6Office of the Governor, in consultation with the subject matter
7experts from all State agencies and representatives of units of
8local government, not-for-profit organizations specializing in
9technology and innovation, the academic community, and other
10interested groups as designated by the Office of the Governor.
11        (1) Public data sets shall be provided in a format that
12    permits public notification of all updates whenever
13    possible. The Office of the Governor shall, by rule, in
14    consultation with subject matter experts from interested
15    State agencies, establish appropriate policies,
16    procedures, and protocols for the coordinated management
17    of the State's information technology resources.
18        (2) Public data sets shall be updated as often as is
19    necessary to preserve the integrity and usefulness of the
20    data sets, to the extent that the agency regularly
21    maintains or updates the public data set.
22        (3) Public data sets shall be made available without
23    any registration requirement, license requirement, or
24    restrictions on their use provided that the agency may
25    require a third party providing to the public any public
26    data set, or application utilizing such data set, to



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



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1manual and related policies may be updated as necessary.
2    (d) The Office of the Governor shall consult with units of
3local government, not-for-profit organizations with a
4specialization in technology and innovation, agencies of other
5states, academic institutions, and voluntary consensus
6standards bodies, and, when such participation is feasible, in
7the public interest, and compatible with agency and
8departmental missions, authorities, and priorities,
9participate with such bodies in the development of technical
10and open standards.
11    (e) Within 120 days of the effective date of this Act, each
12State agency shall submit a compliance plan, together with a
13draft long-term strategic enterprise application plan
14consistent with this Act, to the Office of the Governor and
15shall make such plan available to the public on the web portal. Each State agency shall
17collaborate with the Governor's Office in formulating its plan.
18The plan shall include:
19        (1) a summary description of public data sets under the
20    control of each State agency on or after the effective date
21    of this Act; and
22        (2) a summary explanation of how its plans, charters,
23    budgets, capital expenditures, contracts, and other
24    related documents and information for each information
25    technology and telecommunications project it proposes to
26    undertake can be utilized to support Illinois Open Data and



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1    related savings and efficiencies. The plan shall
2    prioritize public data sets for inclusion on the single web
3    portal on or before December 31, 2014, in accordance with
4    the standards provided for in subsections (b) and (c) of
5    this Section.
6    (f) For purposes of prioritizing public data sets, State
7agencies shall consider whether information embodied in the
8public data set: (1) can be used to increase agency
9accountability and responsiveness; (2) improves public
10knowledge of the agency and its operations; (3) furthers the
11mission of the agency; (4) creates economic opportunity; (5) is
12received via the on-line forum for inclusion of particular
13public data sets; or (6) responds to a need or demand
14identified by public consultation.
15    (g) Consistent with both the Executive Order 10 (2010)
16directive requiring State agencies to limit information
17technology expenditures by increasing the use of cloud
18computing where appropriate, and with the initiatives and
19standards announced in the United States Department of Homeland
20Security publication "Federal Cloud Computing Strategy" dated
21February 8, 2011, all State agencies are required to evaluate
22safe, secure cloud computing options, before making any new
23information technology or telecommunications investments, and,
24if feasible, adopt appropriate cloud computing solutions. Each
25State agency shall re-evaluate its technology sourcing
26strategy to include consideration and use of cloud computing



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1solutions as part of the budget process.
2    Section 20. Grant information reporting.
3    (a) Each grantor agency that is authorized to award grant
4funds to an entity other than the State of Illinois shall
5coordinate with the Office of the Governor to periodically
6provide for publication, at or any other
7publicly accessible website designated by the Governor's
8Office, of data sets containing information regarding awards of
9grant funds that the grantor agency has made during the
10previous fiscal year. The data sets shall include, at a
11minimum, the following:
12        (1) the name of the grantor agency;
13        (2) the name of the grantee;
14        (3) a short description of the purpose of the award of
15    grant funds;
16        (4) the amount of each award of grant funds;
17        (5) the date of each award of grant funds; and
18        (6) the duration of each award of grant funds.
19    In addition, each grantor agency shall make best efforts,
20with available resources and technology, to make available in
21the data sets any other data that is relevant to its award of
22grant funds.
23    (b) Data not subject to the requirements of this Section
24include, but are not limited to, data to which a State agency
25may deny access pursuant to any provision of a federal, State,



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1or local law, rule, or regulation, as well as data that contain
2a significant amount of data to which a State agency may deny
3access pursuant to any provision of a federal, State, or local
4law, rule, or regulation.
5    Section 25. Open data legal policies.
6    (a) The Office of the Governor shall conspicuously publish
7the open data legal policies contained in subsection (c) of
8this Section on the web portal.
9    (b) The Office of the Governor may establish and maintain
10an on-line forum to solicit feedback from the public and to
11encourage public discussion on open data policies and public
12data set availability on the web portal.
13    (c) Open data legal policy. The use of the public data
14provided under this Act is subject to the following:
15        (1) Public data sets made available on the web portal
16    are provided for informational purposes only. The State
17    does not warrant the completeness, accuracy, content, or
18    fitness for any particular purpose or use of any public
19    data set made available on the web portal, nor are any such
20    warranties to be implied or inferred with respect to the
21    public data sets furnished under this Act.
22        (2) The State is not liable for any deficiencies in the
23    completeness, accuracy, content, or fitness for any
24    particular purpose or use of any public data set or any
25    third party application utilizing such data set.



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1        (3) Nothing in this Act shall be construed to create a
2    private right of action to enforce its provisions.
3        (4) All public data sets shall be entirely in the
4    public domain for purposes of federal copyright law.
5    Section 30. General provisions.
6    (a) To the extent that any Executive Order, Administrative
7Order, Intergovernmental or Interagency Agreement (to which
8the State of Illinois or one of its executive branch agencies
9is a party), or other policy, procedure, or protocol conflicts
10with, contradicts, or is inconsistent with any provision of
11this Act, that conflicting, contradicting, or inconsistent
12Order, Agreement, policy, procedure, or protocol is hereby
13expressly revoked, repealed, and superseded.
14    (b) Nothing in this Act shall be construed to contravene
15any State or federal law or any collective bargaining
17    Section 35. Severability. The provisions of this Act are
18severable under Section 1.31 of the Statute on Statutes.
19    Section 40. Repealer. This Act is repealed on January 21,
21    Section 99. Effective date. This Act takes effect upon
22becoming law, except that Section 20 takes effect on January 1,



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