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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 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
17to the mission of an agency. "Data" does not include
18information provided to an agency by other governmental
19entities, nor does it include image files, such as designs,
20drawings, maps, photos, or scanned copies of original
21documents, except that it does include statistical or factual
22information about such image files and shall include geographic
23information 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;
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;
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;
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;
18        (5) materials subject to copyright, patent, trademark,
19    confidentiality agreements, or trade secret protection;
20        (6) proprietary applications, computer code, software,
21    operating systems, or similar materials;
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
26        (8) any other data the publication of which is



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1    prohibited by law.
2    "Grant funds" means any public funds dispensed by a grantor
3agency to any person or entity for obligation, expenditure, or
4use by that person or entity for a specific purpose or purposes
5and any funds disbursed by the State Comptroller pursuant to an
6appropriation made by the General Assembly to a named entity or
7person. Funds disbursed in accordance with a fee for service
8purchase of care contract are not grant funds for purposes of
9this Act.
10    Neither the method by which funds are dispensed whether by
11contract, agreement, grant subsidy, letter of credit, or any
12other method nor the purpose for which the funds are used can
13change the character of funds which otherwise would be
14considered grant funds as defined in this Section.
15    "Grantee" means the person or entity which may use grant
17    "Grantor agency" means a State agency that dispenses grant
19    "Open operating standard" means a technical standard
20developed and maintained by a voluntary consensus standards
21body that is available to the public without royalty or fee.
22    "Public data" means all data that is collected by any unit
23of State or local government in pursuance of that entity's
24official responsibilities which is otherwise subject to
25disclosure pursuant to the Freedom of Information Act, and is
26not prohibited from disclosure pursuant to any other



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1contravening legal instrument, including, but not limited to, a
2superseding provision of federal or State law or an injunction
3from a court of competent jurisdiction.
4    "State agency" or "agency" has the meaning ascribed to the
5term "agency" in Section 3.1 of the Executive Reorganization
6Implementation Act.
7    "Strategic enterprise application plan" means a
8comprehensive program developed by a State agency,
9articulating both principles and goals related to the
10application of its services and programs to the current and
11future needs of enterprise in Illinois.
12    "Strategic plan" means an organization's evaluation, over
13a period of up to 5 years, of its strategy and direction,
14including a framework for decision-making with respect to
15resource allocation to achieve defined goals.
16    "Voluntary consensus standards body" means an organization
17that plans, develops, establishes, or coordinates voluntary
18consensus standards using agreed-upon procedures. A voluntary
19consensus standards body has the following attributes:
20openness; balance of interest; due process; an appeals process;
21and consensus.
22    Section 10. Open operating standard.
23    (a) There is hereby established an open operating standard,
24to be known as "Illinois Open Data", for the State of Illinois.
25Under this open operating standard, each agency of State



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1government under the jurisdiction of the Governor shall make
2available public data sets of public information. Any unit of
3local government may adopt the State standard for itself.
4    (b) To implement this Act, the Office of the Governor may,
5by rule, establish policies, standards, and guidance as
6required herein. The Illinois Administrative Procedure Act is
7hereby expressly adopted and shall apply to all rules made
8pursuant to this Act.
9    Section 15. Function; protocol and compliance.
10    (a) Public data sets that are made available on the
11Internet by agencies shall be accessible through a single web
12portal that is linked to data.illinois.gov or any successor
13website maintained by, or on behalf of, the State of Illinois.
14If an agency cannot make all such public data sets available on
15the single web portal, the agency shall report to the Office of
16the Governor the public data set or sets it is unable to make
17available, the reasons why it cannot do so, and the date by
18which the agency expects those data sets to be available on the
19single web portal.
20    (b) Public data sets shall be made available in accordance
21with technical standards published by the Office of the
22Governor. The technical standards shall be determined by the
23Office of the Governor, in consultation with the subject matter
24experts from all State agencies and representatives of units of
25local government, not-for-profit organizations specializing in



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1technology and innovation, the academic community, and other
2interested groups as designated by the Office of the Governor.
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.
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.
2        (4) Public data sets shall be accessible to external
3    search capabilities.
4    (c) Within 60 days of the effective date of this Act, the
5Office of the Governor shall prepare and publish: (1) a
6technical standards manual for the publishing of public data
7sets in raw or unprocessed form through a single web portal by
8State agencies for the purpose of making public data available
9to the greatest number of users and for the greatest number of
10applications and shall, whenever practicable, use open
11standards for web publishing and e-government.
12    The manual shall identify the reasons why each technical
13standard was selected and for which types of data it is
14applicable, and may recommend or require that data be published
15in more than one technical standard. The manual shall include a
16plan to adopt or utilize a web application programming
17interface that permits application programs to request and
18receive public data sets directly from the web portal. The
19manual and related policies may be updated as necessary.
20    (d) The Office of the Governor shall consult with units of
21local government, not-for-profit organizations with a
22specialization in technology and innovation, agencies of other
23states, academic institutions, and voluntary consensus
24standards bodies, and, when such participation is feasible, in
25the public interest, and compatible with agency and
26departmental missions, authorities, and priorities,



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1participate with such bodies in the development of technical
2and open standards.
3    (e) Within 120 days of the effective date of this Act, each
4State agency shall submit a compliance plan, together with a
5draft long-term strategic enterprise application plan
6consistent with this Act, to the Office of the Governor and
7shall make such plan available to the public on the
8data.illinois.gov web portal. Each State agency shall
9collaborate with the Governor's Office in formulating its plan.
10The plan shall include:
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
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.
24    (f) For purposes of prioritizing public data sets, State
25agencies shall consider whether information embodied in the
26public data set: (1) can be used to increase agency



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1accountability and responsiveness; (2) improves public
2knowledge of the agency and its operations; (3) furthers the
3mission of the agency; (4) creates economic opportunity; (5) is
4received via the on-line forum for inclusion of particular
5public data sets; or (6) responds to a need or demand
6identified by public consultation.
7    (g) Consistent with both the Executive Order 10 (2010)
8directive requiring State agencies to limit information
9technology expenditures by increasing the use of cloud
10computing where appropriate, and with the initiatives and
11standards announced in the United States Department of Homeland
12Security publication "Federal Cloud Computing Strategy" dated
13February 8, 2011, all State agencies are required to evaluate
14safe, secure cloud computing options, before making any new
15information technology or telecommunications investments, and,
16if feasible, adopt appropriate cloud computing solutions. Each
17State agency shall re-evaluate its technology sourcing
18strategy to include consideration and use of cloud computing
19solutions as part of the budget process.
20    Section 20. Grant information reporting.
21    (a) Each grantor agency that is authorized to award grant
22funds to an entity other than the State of Illinois shall
23coordinate with the Office of the Governor to periodically
24provide for publication, at data.illinois.gov or any other
25publicly accessible website designated by the Governor's



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1Office, of data sets containing information regarding awards of
2grant funds that the grantor agency has made during the
3previous fiscal year. The data sets shall include, at a
4minimum, 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,
13with available resources and technology, to make available in
14the data sets any other data that is relevant to its award of
15grant funds.
16    (b) Data not subject to the requirements of this Section
17include, but are not limited to, data to which a State agency
18may deny access pursuant to any provision of a federal, State,
19or local law, rule, or regulation, as well as data that contain
20a significant amount of data to which a State agency may deny
21access pursuant to any provision of a federal, State, or local
22law, rule, or regulation.
23    Section 25. Open data legal policies.
24    (a) The Office of the Governor shall conspicuously publish
25the open data legal policies contained in subsection (c) of



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1this Section on the web portal.
2    (b) The Office of the Governor may establish and maintain
3an on-line forum to solicit feedback from the public and to
4encourage public discussion on open data policies and public
5data set availability on the web portal.
6    (c) Open data legal policy. The use of the public data
7provided under this Act is subject to the following:
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.
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.
19        (3) Nothing in this Act shall be construed to create a
20    private right of action to enforce its provisions.
21        (4) All public data sets shall be entirely in the
22    public domain for purposes of federal copyright law.
23    Section 30. General provisions.
24    (a) To the extent that any Executive Order, Administrative
25Order, Intergovernmental or Interagency Agreement (to which



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1the State of Illinois or one of its executive branch agencies
2is a party), or other policy, procedure, or protocol conflicts
3with, contradicts, or is inconsistent with any provision of
4this Act, that conflicting, contradicting, or inconsistent
5Order, Agreement, policy, procedure, or protocol is hereby
6expressly revoked, repealed, and superseded.
7    (b) Nothing in this Act shall be construed to contravene
8any State or federal law or any collective bargaining
10    Section 35. Severability. The provisions of this Act are
11severable under Section 1.31 of the Statute on Statutes.
12    Section 40. Repealer. This Act is repealed on January 21,
14    Section 99. Effective date. This Act takes effect upon
15becoming law, except that Section 20 takes effect on January 1,