Illinois General Assembly - Full Text of HB1040
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Full Text of HB1040  98th General Assembly




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1    AN ACT concerning State government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. Short title. This Act may be cited as the Open
5Operating Standard Act.
6    Section 5. Findings and purposes.
7    (a) The General Assembly finds that:
8        (1) the State of Illinois data portal,
9, empowers the public to access and use
10    public data collected and maintained by the State of
11    Illinois and the federal government;
12        (2) the State of Illinois is committed to be a national
13    leader in improving access to public data sets for all
14    citizens, and to encourage entrepreneurs and innovators to
15    draw on this data for the benefit of all in the Land of
16    Lincoln;
17        (3) the State and the municipalities of Illinois
18    collect information and data on numerous topics including
19    services available to the residents of Illinois;
20        (4) finding and utilizing government data, data that
21    should be readily accessible, is often burdensome for both
22    developers and the general public;
23        (5) government information should be organized with



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1    consistency and should be freely available; and
2        (6) meeting the State's commitment to providing open
3    data will require the adoption of an open data operating
4    standard and utilization of a cloud-based open data
5    platform for the State's open data portal, coordinated
6    strategic planning, where appropriate and feasible, by
7    agencies as to enterprise application portfolio
8    management, and will require the State to make its open
9    data portal available to all units of government within the
10    State including, but not limited to, municipalities,
11    counties and public universities statewide, so that
12    everyone may participate in the open data movement.
13    (b) The purposes of this Act are:
14        (1) to establish and implement a statewide commitment
15    to fully adopting an open operating standard, because
16    making public data available online using open standards
17    will make the operation of government across the State of
18    Illinois more transparent, effective and accountable to
19    the public. A statewide policy of open data will streamline
20    intra-governmental and inter-governmental communication
21    and interoperability, permit the public to assist in
22    identifying efficient solutions for government, promote
23    innovative strategies for social progress, and create
24    economic opportunities;
25        (2) to establish protocols for State agencies to make
26    public data available online using open standards and a



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1    process establishing statewide information technology
2    management standards, policies and governance principles
3    to enable the State to fully implement an open operating
4    standard while managing existing information technology
5    resources and capabilities with enhanced efficiency;
6        (3) to provide for coordinated strategic planning by
7    agencies with respect to application modernization,
8    information technology and telecommunication policy,
9    pursuant to a consistent statewide enterprise portfolio
10    strategy to maximize the amount of public data made
11    available and ensure compliance with this Act; and
12        (4) to establish, in accordance with Executive Order
13    2010-10, a policy under which each State agency will
14    evaluate cloud computing options before making any new
15    information technology or telecommunications investments.
16    Section 10. Definitions. As used in this Act:
17    "Cloud computing" has the meaning provided by Special
18Publication 800-145 issued by the National Institute of
19Standards and Technology of the United States Department of
21    "Data" means final versions of statistical or factual
22information: (a) in alphanumeric form reflected in a list,
23table, graph, chart, or other non-narrative form that can be
24digitally transmitted or processed; and (b) regularly created
25or 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 and where redacting such protected data in order
17    to publish the unprotected elements would impose undue
18    financial or administrative burden on the agency;
19        (3) data that reflects the internal deliberative
20    process of an agency or agencies, including but not limited
21    to negotiating positions, future procurements, or pending
22    or reasonably anticipated legal or administrative
23    proceedings;
24        (4) data stored on an agency-owned personal computing
25    device, or data stored on a portion of a network that has
26    been exclusively assigned to a single agency employee or a



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1    single agency owned or controlled computing device;
2        (5) materials subject to copyright, patent, trademark,
3    confidentiality agreements, or trade secret protection;
4        (6) proprietary applications, computer code, software,
5    operating systems, or similar materials;
6        (7) employment records, internal employee-related
7    directories or lists, facilities data, information
8    technology, internal service-desk and other data related
9    to internal agency administration; and
10        (8) any other data the publication of which is
11    prohibited by law.
12    "Grant funds" means any public funds dispensed by a grantor
13agency to any person or entity for obligation, expenditure, or
14use by that person or entity for a specific purpose or
15purposes. Funds disbursed by the State Comptroller pursuant to
16an appropriation made by the General Assembly to a named entity
17or person are not grant funds for purposes of this Act. Funds
18disbursed in accordance with a fee for service purchase of care
19contract are not grant funds for purposes of this Act.
20    Neither the method by which funds are dispensed whether by
21contract, agreement, grant subsidy, letter of credit, or any
22other method nor the purpose for which the funds are used can
23change the character of funds which otherwise would be
24considered grant funds as defined in this Section.
25    "Grantee" means the person or entity which may use grant



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



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1    Section 15. Chief Information Officer; open operating
3    (a) There is created within the Office of the Governor a
4Chief Information Officer for the State. The Chief Information
5Officer shall serve at the pleasure of the Governor and shall
6receive such compensation as the Governor shall determine. The
7Chief Information Officer shall coordinate with each State
8agency to develop, using any existing or newly available
9resources and technology, appropriate systems to accurately
10report public information. These systems shall include a module
11that is specific to the management and administration of grant
13    (b) The Chief Information Officer shall establish an open
14operating standard, to be known as "Illinois Open Data", for
15the State of Illinois. Under this open operating standard, each
16agency of State government under the jurisdiction of the
17Governor shall make available public data sets of public
18information. Any unit of local government may adopt the State
19standard for itself.
20    (c) To implement this Act, the Chief Information Officer
21shall, by rule, establish policies, standards, and guidance as
22provided herein. The Illinois Administrative Procedure Act is
23hereby expressly adopted and shall apply to all rulemaking by
24the Chief Information Officer under this Act.
25    In addition, the Chief Information Officer shall



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1designate, with the approval of the Governor, a current
2employee of State government to act, in addition to his or her
3existing responsibilities, as the Deputy Chief Information
4Officer for Open Data.
5    Section 20. Function; protocol and compliance.
6    (a) Public data sets agencies make available on the
7Internet shall be accessible through a single web portal that
8is linked to or any successor website
9maintained by, or on behalf of, the State of Illinois. If an
10agency cannot make all such public data sets available on the
11single web portal, the agency shall report to the Chief
12Information Officer the public data set or sets it is unable to
13make available, the reasons why it cannot do so, and the date
14by which the agency expects those data sets to be available on
15the single web portal.
16    (b) Public data sets shall be made available in accordance
17with technical standards published by the Chief Information
18Officer. The technical standards shall be determined by the
19Chief Information Officer, in consultation with the Deputy
20Chief Information Officer for Open Data, subject matter experts
21from all State agencies, and representatives of units of local
22government, not-for-profit organizations specializing in
23technology and innovation, the academic community, and other
24interested groups as designated by the Chief Information



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1        (1) Public data sets shall be provided in a format that
2    permits automated processing and that makes use of
3    appropriate technology to notify the public of all updates.
4    The Chief Information Officer shall, by rule, establish
5    appropriate policies, procedures, and protocols for the
6    coordinated management of the State's information
7    technology resources. With the approval of the Office of
8    the Governor, the Chief Information Officer may designate
9    one or more persons to comprise the staff of the Office of
10    the Chief Information Officer in order to carry out the
11    duties set forth in this Act.
12        (2) Public data sets shall be updated as often as is
13    necessary to preserve the integrity and usefulness of the
14    data sets, to the extent that the agency regularly
15    maintains or updates the public data set.
16        (3) Public data sets shall be made available without
17    any registration requirement, license requirement, or
18    restrictions on their use provided that the agency may
19    require a third party providing to the public any public
20    data set, or application utilizing such data set, to
21    explicitly identify the source and version of the public
22    data set and a description of any modifications made to
23    such public data set. Registration requirements, license
24    requirements, or restrictions as used in this Section shall
25    not include measures designed or required to ensure access
26    to public data sets, to protect the single website housing



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



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1states, academic institutions, and voluntary consensus
2standards bodies, and, when such participation is feasible, in
3the public interest, and compatible with agency and
4departmental missions, authorities, and priorities,
5participate with such bodies in the development of technical
6and open standards.
7    (e) Within 120 days of the effective date of this Act, each
8State agency shall submit a compliance plan, together with a
9draft long-term strategic enterprise application plan
10consistent with this Act, to the Office of the Governor and
11shall make such plan available to the public on the web portal. Each State agency shall
13collaborate with the Governor's Office and the Chief
14Information Officer in formulating its plan. The plan shall
16        (1) a summary description of public data sets under the
17    control of each State agency on or after the effective date
18    of this Act; and
19        (2) a summary explanation of how its plans, charters,
20    budgets, capital expenditures, contracts, and other
21    related documents and information for each information
22    technology and telecommunications project it proposes to
23    undertake can be utilized to support Illinois Open Data and
24    related savings and efficiencies. The plan shall
25    prioritize public data sets for inclusion on the single web
26    portal on or before December 31, 2014, in accordance with



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1    the standards provided for in subsections (b) and (c) of
2    this Section.
3    (f) For purposes of prioritizing public data sets, State
4agencies shall consider whether information embodied in the
5public data set: (1) can be used to increase agency
6accountability and responsiveness; (2) improves public
7knowledge of the agency and its operations; (3) furthers the
8mission of the agency; (4) creates economic opportunity; (5) is
9received via the on-line forum for inclusion of particular
10public data sets; or (6) responds to a need or demand
11identified by public consultation.
12    (g) No later than July 1, 2014 and every July 1 thereafter,
13the Chief Information Officer shall post on the web portal an
14update of the compliance plan. Each update shall include the
15specific measures undertaken to make public data sets available
16on the single web portal since the immediately preceding
17update, specific measures that will be undertaken prior to the
18next update, an update to the list of public data sets if
19necessary, any changes to the prioritization of public data
20sets, and an update to the timeline for the inclusion of data
21sets on the single web portal if necessary.
22    (h) Consistent with both the Executive Order 10 (2010)
23directive requiring State agencies to limit information
24technology expenditures by increasing the use of cloud
25computing where appropriate, and with the initiatives and
26standards announced in the United States Department of Homeland



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



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



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



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1    Section 35. Severability. The provisions of this Act are
2severable under Section 1.31 of the Statute on Statutes.
3    Section 99. Effective date. This Act takes effect upon
4becoming law, except that Section 22 takes effect on January 1,