Full Text of HB0278 98th General Assembly
HB0278ham001 98TH GENERAL ASSEMBLY | Rep. John E. Bradley Filed: 4/4/2013
| | 09800HB0278ham001 | | LRB098 03158 JDS 44006 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 278
| 2 | | AMENDMENT NO. ______. Amend House Bill 278 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the Open | 5 | | Operating Standard Act. | 6 | | Section 5. Findings and purposes. | 7 | | (a) The General Assembly finds that:
| 8 | | (1) the State of Illinois data portal, | 9 | | data.illinois.gov, empowers the public to access and | 10 | | utilize public data collected and maintained by the State | 11 | | of Illinois and the federal government;
| 12 | | (2) the State of Illinois is committed to being a | 13 | | national leader in improving access to public data sets for | 14 | | all citizens and encouraging entrepreneurs and innovators | 15 | | to draw on this data for the benefit of all in the Land of | 16 | | Lincoln;
|
| | | 09800HB0278ham001 | - 2 - | LRB098 03158 JDS 44006 a |
|
| 1 | | (3) the State and the municipalities of Illinois | 2 | | collect information and data on numerous topics, including | 3 | | services available to the residents of Illinois;
| 4 | | (4) finding and utilizing government data, which | 5 | | should be readily accessible, is often burdensome for both | 6 | | developers and the general public;
| 7 | | (5) government information should be organized with | 8 | | consistency and should be freely available; and
| 9 | | (6) meeting the State's commitment to providing open | 10 | | data will require the adoption of an open data operating | 11 | | standard and utilization of a cloud-based open data | 12 | | platform for the State's open data portal, coordinated | 13 | | strategic planning, where appropriate and feasible, by | 14 | | agencies as to enterprise application portfolio | 15 | | management, and will require the State to make its open | 16 | | data portal available to all units of government within the | 17 | | State, including, but not limited to, municipalities, | 18 | | counties, and public universities statewide, so that | 19 | | everyone may participate in the open data movement.
| 20 | | (b) The purposes of this Act are:
| 21 | | (1) to establish and implement a statewide commitment | 22 | | to fully adopting an open operating standard, because | 23 | | making public data available online using open standards | 24 | | will make the operation of government across the State of | 25 | | Illinois more transparent, effective, and accountable to | 26 | | the public, will streamline intra-governmental and |
| | | 09800HB0278ham001 | - 3 - | LRB098 03158 JDS 44006 a |
|
| 1 | | inter-governmental communication and interoperability, | 2 | | will permit the public to assist in identifying efficient | 3 | | solutions for government, will promote innovative | 4 | | strategies for social progress, and will create economic | 5 | | opportunities;
| 6 | | (2) to establish protocols for State agencies to make | 7 | | public data available online using open standards and a | 8 | | process establishing statewide information technology | 9 | | management standards, policies, and governance principles | 10 | | to enable the State to fully implement an open operating | 11 | | standard while managing existing information technology | 12 | | resources and capabilities with enhanced efficiency;
| 13 | | (3) to provide for coordinated strategic planning by | 14 | | State agencies with respect to application modernization, | 15 | | information technology, and telecommunication policy, | 16 | | pursuant to a consistent statewide enterprise portfolio | 17 | | strategy to maximize the amount of public data made | 18 | | available and ensure compliance with this Act; and
| 19 | | (4) to establish, in accordance with Executive Order | 20 | | 2010-10, a policy under which each State agency will | 21 | | evaluate cloud computing options before making any new | 22 | | information technology or telecommunications investments.
| 23 | | Section 10. Definitions. As used in this Act: | 24 | | "Cloud computing" has the meaning provided by Special | 25 | | Publication 800-145 issued by the National Institute of |
| | | 09800HB0278ham001 | - 4 - | LRB098 03158 JDS 44006 a |
|
| 1 | | Standards and Technology of the United States Department of | 2 | | Commerce.
| 3 | | "Data" means final versions of statistical or factual | 4 | | information: (a) in alphanumeric form reflected in a list, | 5 | | table, graph, chart, or other non-narrative form that can be | 6 | | digitally transmitted or processed; and (b) regularly created | 7 | | or maintained by or on behalf of and owned by an agency that | 8 | | records a measurement, transaction, or determination related | 9 | | to the mission of an agency. "Data" does not include | 10 | | information provided to an agency by other governmental | 11 | | entities, nor does it include image files, such as designs, | 12 | | drawings, maps, photos, or scanned copies of original | 13 | | documents, except that it does include statistical or factual | 14 | | information about such image files and shall include geographic | 15 | | information system data. "Data" does not include:
| 16 | | (1) data to which an agency may deny access pursuant to | 17 | | any provision of a federal, State, or local law, rule, or | 18 | | regulation, including, but not limited to, the Freedom of | 19 | | Information Act;
| 20 | | (2) data that contains a significant amount of | 21 | | information to which an agency may deny access pursuant to | 22 | | any provision of a federal, State, or local law, rule, or | 23 | | regulation and where redacting such protected data in order | 24 | | to publish the unprotected elements would impose undue | 25 | | financial or administrative burden on the agency;
| 26 | | (3) data that reflects the internal deliberative |
| | | 09800HB0278ham001 | - 5 - | LRB098 03158 JDS 44006 a |
|
| 1 | | process of an agency or agencies, including, but not | 2 | | limited to, negotiating positions, future procurements, or | 3 | | pending or reasonably anticipated legal or administrative | 4 | | proceedings;
| 5 | | (4) data stored on an agency-owned personal computing | 6 | | device, or data stored on a portion of a network that has | 7 | | been exclusively assigned to a single agency employee or a | 8 | | single agency owned or controlled computing device;
| 9 | | (5) materials subject to copyright, patent, trademark, | 10 | | confidentiality agreements, or trade secret protection;
| 11 | | (6) proprietary applications, computer code, software, | 12 | | operating systems, or similar materials;
| 13 | | (7) employment records, internal employee-related | 14 | | directories or lists, facilities data, information | 15 | | technology, internal service-desk and other data related | 16 | | to internal agency administration; and
| 17 | | (8) any other data the publication of which is | 18 | | prohibited by law.
| 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.
| 22 | | "Public data" means all data that is collected by any unit | 23 | | of State or local government pursuant to that entity's official | 24 | | responsibilities, that is otherwise subject to disclosure | 25 | | pursuant to the Freedom of Information Act, and that is not | 26 | | prohibited from disclosure pursuant to any other contravening |
| | | 09800HB0278ham001 | - 6 - | LRB098 03158 JDS 44006 a |
|
| 1 | | legal instrument, including, but not limited to, a superseding | 2 | | provision of federal or State law or an injunction from a court | 3 | | of competent jurisdiction.
| 4 | | "State agency" or "agency" means an agency, board, or | 5 | | commission of State government under the jurisdiction of the | 6 | | Governor. | 7 | | "Strategic plan" means an organization's evaluation, over | 8 | | a period of up to 5 years, of its strategy and direction, | 9 | | including a framework for decision-making with respect to | 10 | | resource allocation to achieve defined goals.
| 11 | | "Voluntary consensus standards body" means an organization | 12 | | that plans, develops, establishes, or coordinates voluntary | 13 | | consensus standards using agreed-upon procedures. A voluntary | 14 | | consensus standards body has the following attributes: | 15 | | openness; balance of interest; due process; an appeals process; | 16 | | and consensus.
| 17 | | Section 15. Chief Information Officer; open operating | 18 | | standard. | 19 | | (a) There is created within the Office of the Governor a | 20 | | Chief Information Officer for the State. The Chief Information | 21 | | Officer shall serve at the pleasure of the Governor and shall | 22 | | receive such compensation as the Governor shall determine. The | 23 | | Chief Information Officer shall coordinate with each State | 24 | | agency to develop, using any existing or newly available | 25 | | resources and technology, appropriate systems to accurately |
| | | 09800HB0278ham001 | - 7 - | LRB098 03158 JDS 44006 a |
|
| 1 | | report public information.
| 2 | | (b) The Chief Information Officer shall establish an open | 3 | | operating standard, to be known as "Illinois Open Data", for | 4 | | the State of Illinois. Under this open operating standard, each | 5 | | agency of State government under the jurisdiction of the | 6 | | Governor shall make available public data sets of public | 7 | | information. Any unit of local government may adopt the State | 8 | | standard for itself.
| 9 | | (c) To implement this Act, the Chief Information Officer | 10 | | shall, by rule, establish policies, standards, and guidance as | 11 | | provided herein. The Illinois Administrative Procedure Act is | 12 | | hereby expressly adopted and shall apply to all rulemaking by | 13 | | the Chief Information Officer under this Act.
| 14 | | In addition, the Chief Information Officer shall | 15 | | designate, with the approval of the Governor, a current | 16 | | employee of State government to act, in addition to his or her | 17 | | existing responsibilities, as the Deputy Chief Information | 18 | | Officer for Open Data.
| 19 | | Section 20. Function; protocol and compliance. | 20 | | (a) Public data sets agencies make available on the | 21 | | Internet shall be accessible through a single web portal that | 22 | | is linked to data.illinois.gov or any successor website | 23 | | maintained by, or on behalf of, the State of Illinois. If an | 24 | | agency cannot make all such public data sets available on the | 25 | | single web portal, the agency shall report to the Chief |
| | | 09800HB0278ham001 | - 8 - | LRB098 03158 JDS 44006 a |
|
| 1 | | Information Officer the public data set or sets it is unable to | 2 | | make available, the reasons why it cannot do so, and the date | 3 | | by which the agency expects those data sets to be available on | 4 | | the single web portal.
| 5 | | (b) Public data sets shall be made available in accordance | 6 | | with technical standards published by the Chief Information | 7 | | Officer. The technical standards shall be determined by the | 8 | | Chief Information Officer, in consultation with the Deputy | 9 | | Chief Information Officer for Open Data, subject matter experts | 10 | | from all State agencies, and representatives of units of local | 11 | | government, not-for-profit organizations specializing in | 12 | | technology and innovation, the academic community, and other | 13 | | interested groups as designated by the Chief Information | 14 | | Officer.
| 15 | | Public data sets shall be provided in a format that permits | 16 | | automated processing and that makes use of appropriate | 17 | | technology to notify the public of all updates. The Chief | 18 | | Information Officer shall, by rule, establish appropriate | 19 | | policies, procedures, and protocols for the coordinated | 20 | | management of the State's information technology resources. | 21 | | With the approval of the Office of the Governor, the Chief | 22 | | Information Officer may designate one or more persons to | 23 | | comprise the staff of the Office of the Chief Information | 24 | | Officer in order to carry out the duties set forth in this Act.
| 25 | | Public data sets shall be updated as often as is necessary | 26 | | to preserve the integrity and usefulness of the data sets, to |
| | | 09800HB0278ham001 | - 9 - | LRB098 03158 JDS 44006 a |
|
| 1 | | the extent that the agency regularly maintains or updates the | 2 | | public data set.
| 3 | | Public data sets shall be made available without any | 4 | | registration requirement, license requirement, or restrictions | 5 | | on their use, except that the agency may require a third party | 6 | | providing to the public any public data set, or application | 7 | | utilizing such data set, to explicitly identify the source and | 8 | | version of the public data set and a description of any | 9 | | modifications made to such public data set. Registration | 10 | | requirements, license requirements, or restrictions as used in | 11 | | this Section shall not include measures designed or required to | 12 | | ensure access to public data sets, to protect the single | 13 | | website housing public data sets from unlawful abuse or | 14 | | attempts to damage or impair use of the website, or to analyze | 15 | | the types of data being used to improve service delivery.
| 16 | | Public data sets shall be accessible to external search | 17 | | capabilities.
| 18 | | (c) Within 60 days after the effective date of this Act, | 19 | | the Chief Information Officer shall prepare and publish: (1) a | 20 | | technical standards manual for the publishing of public data | 21 | | sets in raw or unprocessed form through a single web portal by | 22 | | State agencies for the purpose of making public data available | 23 | | to the greatest number of users and for the greatest number of | 24 | | applications and shall, whenever practicable, use open | 25 | | standards for web publishing and e-government; and (2) as | 26 | | needed, portfolio management policies for ensuring compliance |
| | | 09800HB0278ham001 | - 10 - | LRB098 03158 JDS 44006 a |
|
| 1 | | with the requirements of this Act.
| 2 | | The manual shall identify the reasons why each technical | 3 | | standard was selected and for which types of data it is | 4 | | applicable, and may recommend or require that data be published | 5 | | in more than one technical standard. The manual shall include a | 6 | | plan to adopt or utilize a web application programming | 7 | | interface that permits application programs to request and | 8 | | receive public data sets directly from the web portal. The | 9 | | manual and related policies may be updated as necessary.
| 10 | | (d) The Chief Information Officer shall consult with units | 11 | | of local government, not-for-profit organizations with a | 12 | | specialization in technology and innovation, agencies of other | 13 | | states, academic institutions, and voluntary consensus | 14 | | standards bodies, and, when such participation is feasible, in | 15 | | the public interest, and compatible with agency and | 16 | | departmental missions, authorities, and priorities, | 17 | | participate with such bodies in the development of technical | 18 | | and open standards.
| 19 | | (e) Within 120 days after the effective date of this Act, | 20 | | each State agency shall submit a compliance plan, together with | 21 | | a draft long-term strategic enterprise application plan | 22 | | consistent with this Act, to the Office of the Governor and | 23 | | shall make such plan available to the public on the | 24 | | data.illinois.gov web portal. Each State agency shall | 25 | | collaborate with the Governor's Office and the Chief | 26 | | Information Officer in formulating its plan. The plan shall |
| | | 09800HB0278ham001 | - 11 - | LRB098 03158 JDS 44006 a |
|
| 1 | | include:
| 2 | | (1) a summary description of public data sets under the | 3 | | control of each State agency on or after the effective date | 4 | | of this Act; and
| 5 | | (2) a summary explanation of how its plans, charters, | 6 | | budgets, capital expenditures, contracts, and other | 7 | | related documents and information for each information | 8 | | technology and telecommunications project it proposes to | 9 | | undertake can be utilized to support Illinois Open Data and | 10 | | related savings and efficiencies.
| 11 | | The plan shall prioritize public data sets for inclusion on | 12 | | the single web portal on or before December 31, 2014, in | 13 | | accordance with the standards provided for in subsections (b) | 14 | | and (c) of this Section.
| 15 | | (f) For purposes of prioritizing public data sets, State | 16 | | agencies shall consider whether information embodied in the | 17 | | public data set: | 18 | | (1) can be used to increase agency accountability and | 19 | | responsiveness; | 20 | | (2) improves public knowledge of the agency and its | 21 | | operations; | 22 | | (3) furthers the mission of the agency; | 23 | | (4) creates economic opportunity; | 24 | | (5) is received via the on-line forum for inclusion of | 25 | | particular public data sets; or | 26 | | (6) responds to a need or demand identified by public |
| | | 09800HB0278ham001 | - 12 - | LRB098 03158 JDS 44006 a |
|
| 1 | | consultation.
| 2 | | (g) No later than July 1, 2014 and every July 1 thereafter, | 3 | | the Chief Information Officer shall post on the web portal an | 4 | | update of the compliance plan. Each update shall include the | 5 | | specific measures undertaken to make public data sets available | 6 | | on the single web portal since the immediately preceding | 7 | | update, specific measures that will be undertaken prior to the | 8 | | next update, an update to the list of public data sets if | 9 | | necessary, any changes to the prioritization of public data | 10 | | sets, and an update to the timeline for the inclusion of data | 11 | | sets on the single web portal if necessary.
| 12 | | (h) Consistent with both the Executive Order 10 (2010) | 13 | | directive requiring State agencies to limit information | 14 | | technology expenditures by increasing the use of cloud | 15 | | computing where appropriate, and with the initiatives and | 16 | | standards announced in the United States Department of Homeland | 17 | | Security publication "Federal Cloud Computing Strategy" dated | 18 | | February 8, 2011, all State agencies are required to evaluate | 19 | | safe, secure cloud computing options, before making any new | 20 | | information technology or telecommunications investments, and, | 21 | | if feasible, adopt appropriate cloud computing solutions. Each | 22 | | State agency shall re-evaluate its technology sourcing | 23 | | strategy to include consideration and use of cloud computing | 24 | | solutions as part of the budget process.
| 25 | | Section 25. Open data legal policies. |
| | | 09800HB0278ham001 | - 13 - | LRB098 03158 JDS 44006 a |
|
| 1 | | (a) The Chief Information Officer shall conspicuously | 2 | | publish the open data legal policies contained in subsection | 3 | | (c) of this Section on the web portal.
| 4 | | (b) The Chief Information Officer may establish and | 5 | | maintain an on-line forum to solicit feedback from the public | 6 | | and to encourage public discussion on open data policies and | 7 | | public data set availability on the web portal.
| 8 | | (c) The use of the public data provided under this Act is | 9 | | subject to the following:
| 10 | | (1) Public data sets made available on the web portal | 11 | | are provided for informational purposes only. The State | 12 | | does not warrant the completeness, accuracy, content, or | 13 | | fitness for any particular purpose or use of any public | 14 | | data set made available on the web portal, nor are any such | 15 | | warranties to be implied or inferred with respect to the | 16 | | public data sets furnished under this Act.
| 17 | | (2) The State is not liable for any deficiencies in the | 18 | | completeness, accuracy, content, or fitness for any | 19 | | particular purpose or use of any public data set or any | 20 | | third party application utilizing such data set.
| 21 | | (3) Nothing in this Act shall be construed to create a | 22 | | private right of action to enforce its provisions.
| 23 | | (4) All public data sets shall be entirely in the | 24 | | public domain for purposes of federal copyright law.
| 25 | | Section 30. General provisions. |
| | | 09800HB0278ham001 | - 14 - | LRB098 03158 JDS 44006 a |
|
| 1 | | (a) To the extent that any Executive Order, Administrative | 2 | | Order, Intergovernmental or Interagency Agreement (to which | 3 | | the State of Illinois or one of its executive branch agencies | 4 | | is a party), or other policy, procedure, or protocol conflicts | 5 | | with, contradicts, or is inconsistent with any provision of | 6 | | this Act, that conflicting, contradicting, or inconsistent | 7 | | Order, Agreement, policy, procedure, or protocol is hereby | 8 | | expressly revoked, repealed, and superseded.
| 9 | | (b) Nothing in this Act shall be construed to contravene | 10 | | any State or federal law or any collective bargaining | 11 | | agreement.
| 12 | | (c) Executive Order 12-03 is superseded by this Act. | 13 | | Section 35. Severability. The provisions of this Act are | 14 | | severable under Section 1.31 of the Statute on Statutes.
| 15 | | Section 99. Effective date. This Act takes effect upon | 16 | | becoming law.".
|
|