Full Text of HB1040 98th General Assembly
HB1040sam001 98TH GENERAL ASSEMBLY | Sen. Pamela J. Althoff Filed: 5/7/2013
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| 1 | | AMENDMENT TO HOUSE BILL 1040
| 2 | | AMENDMENT NO. ______. Amend House Bill 1040 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 Standards Act. | 6 | | Section 5. Definitions. As used in this Act: | 7 | | "Cloud computing" has the meaning provided by Special | 8 | | Publication 800-145 issued by the National Institute of | 9 | | Standards and Technology of the United States Department of | 10 | | Commerce.
| 11 | | "Data" means final versions of statistical or factual | 12 | | information: (a) in alphanumeric form reflected in a list, | 13 | | table, graph, chart, or other non-narrative form that can be | 14 | | digitally transmitted or processed; and (b) regularly created | 15 | | or maintained by or on behalf of and owned by an agency that | 16 | | records a measurement, transaction, or determination related |
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| 1 | | to the mission of an agency. "Data" does not include | 2 | | information provided to an agency by other governmental | 3 | | entities, nor does it include image files, such as designs, | 4 | | drawings, maps, photos, or scanned copies of original | 5 | | documents, except that it does include statistical or factual | 6 | | information about such image files and shall include geographic | 7 | | information 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 | 10 | | agency to any person or entity for obligation, expenditure, or | 11 | | use by that person or entity for a specific purpose or purposes | 12 | | and any funds disbursed by the State Comptroller pursuant to an | 13 | | appropriation made by the General Assembly to a named entity or | 14 | | person. Funds disbursed in accordance with a fee for service | 15 | | purchase of care contract are not grant funds for purposes of | 16 | | this Act. | 17 | | Neither the method by which funds are dispensed whether by | 18 | | contract, agreement, grant subsidy, letter of credit, or any | 19 | | other method nor the purpose for which the funds are used can | 20 | | change the character of funds which otherwise would be | 21 | | considered grant funds as defined in this Section. | 22 | | "Grantee" means the person or entity which may use grant | 23 | | funds. | 24 | | "Grantor agency" means a State agency that dispenses grant | 25 | | funds. | 26 | | "Open operating standard" means a technical standard |
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| 1 | | developed and maintained by a voluntary consensus standards | 2 | | body that is available to the public without royalty or fee.
| 3 | | "Public data" means all data that is collected by any unit | 4 | | of State or local government in pursuance of that entity's | 5 | | official responsibilities which is otherwise subject to | 6 | | disclosure pursuant to the Freedom of Information Act, and is | 7 | | not prohibited from disclosure pursuant to any other | 8 | | contravening legal instrument, including, but not limited to, a | 9 | | superseding provision of federal or State law or an injunction | 10 | | from a court of competent jurisdiction.
| 11 | | "State agency" or "agency" has the meaning ascribed to the | 12 | | term "agency" in Section 3.1 of the Executive Reorganization | 13 | | Implementation Act. | 14 | | "Strategic plan" means an organization's evaluation, over | 15 | | a period of up to 5 years, of its strategy and direction, | 16 | | including a framework for decision-making with respect to | 17 | | resource allocation to achieve defined goals.
| 18 | | "Voluntary consensus standards body" means an organization | 19 | | that plans, develops, establishes, or coordinates voluntary | 20 | | consensus standards using agreed-upon procedures. A voluntary | 21 | | consensus standards body has the following attributes: | 22 | | openness; balance of interest; due process; an appeals process; | 23 | | and consensus.
| 24 | | Section 10. Chief Information Officer; open operating | 25 | | standard. |
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| 1 | | (a) There is created within the Office of the Governor a | 2 | | Chief Information Officer for the State. The Chief Information | 3 | | Officer shall be a person qualified by training and experience | 4 | | to perform the duties required by this Act. The Chief | 5 | | Information Officer shall be appointed by the Governor, by and | 6 | | with the advice and consent of the Senate. The term of office | 7 | | of the Chief Information Officer shall expire on the third | 8 | | Monday of January in odd numbered years, provided that he or | 9 | | she shall hold office until a successor is appointed and | 10 | | qualified. The initial term of the Chief Information Officer | 11 | | shall begin on January 20, 2014. The annual salary of the Chief | 12 | | Information Officer is $120,000. | 13 | | Any vacancy occurring in the office of the Chief | 14 | | Information Officer shall be filled in the same manner as the | 15 | | original appointment. In case of a vacancy during the recess of | 16 | | the Senate, the Governor shall make a temporary appointment | 17 | | until the next meeting of the Senate, when the Governor shall | 18 | | nominate some person to fill the office, and any person so | 19 | | nominated who is confirmed by the Senate shall hold office | 20 | | during the remainder of the term and until his or her successor | 21 | | is appointed and qualified. | 22 | | During the absence or inability to act of the Chief | 23 | | Information Officer, or in the case of a vacancy in the office | 24 | | of Chief Information Officer, until a successor is appointed | 25 | | and qualified, the Governor may designate some person as Acting | 26 | | Chief Information Officer to execute the powers and discharge |
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| 1 | | the duties vested by law in that office. A person who is | 2 | | designated as an Acting Chief Information Officer shall not | 3 | | continue in office for more than 60 calendar days unless the | 4 | | Governor files a message with the Secretary of the Senate | 5 | | nominating that person to fill the office. After 60 calendar | 6 | | days, the office is considered vacant and shall be filled only | 7 | | under this Section and pursuant to the law applicable to making | 8 | | appointments. No person who has been appointed by the Governor | 9 | | to serve as Chief Information Officer shall, except at the | 10 | | Senate's request, be designated again as an Acting Chief | 11 | | information Officer at the same session of that Senate, subject | 12 | | to the provisions of this Section. | 13 | | The Chief Information Officer shall coordinate with each | 14 | | State agency to develop, using any existing or newly available | 15 | | resources and technology, appropriate systems to accurately | 16 | | report public information.
These systems shall include a module | 17 | | that is specific to the management and administration of grant | 18 | | funds. | 19 | | (b) The Chief Information Officer shall establish an open | 20 | | operating standard, to be known as "Illinois Open Data", for | 21 | | the State of Illinois. Under this open operating standard, each | 22 | | agency of State government under the jurisdiction of the | 23 | | Governor shall make available public data sets of public | 24 | | information. Any unit of local government may adopt the State | 25 | | standard for itself.
| 26 | | (c) To implement this Act, the Chief Information Officer |
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| 1 | | shall, by rule, establish policies, standards, and guidance as | 2 | | provided herein. The Illinois Administrative Procedure Act is | 3 | | hereby expressly adopted and shall apply to all rulemaking by | 4 | | the Chief Information Officer under this Act.
| 5 | | In addition, the Chief Information Officer shall | 6 | | designate, with the approval of the Governor, a current | 7 | | employee of State government to act, in addition to his or her | 8 | | existing responsibilities, as the Deputy Chief Information | 9 | | Officer for Open Data.
| 10 | | Section 15. Function; protocol and compliance. | 11 | | (a) Public data sets agencies make available on the | 12 | | Internet shall be accessible through a single web portal that | 13 | | is linked to data.illinois.gov or any successor website | 14 | | maintained by, or on behalf of, the State of Illinois. If an | 15 | | agency cannot make all such public data sets available on the | 16 | | single web portal, the agency shall report to the Chief | 17 | | Information Officer the public data set or sets it is unable to | 18 | | make available, the reasons why it cannot do so, and the date | 19 | | by which the agency expects those data sets to be available on | 20 | | the single web portal.
| 21 | | (b) Public data sets shall be made available in accordance | 22 | | with technical standards published by the Chief Information | 23 | | Officer. The technical standards shall be determined by the | 24 | | Chief Information Officer, in consultation with the Deputy | 25 | | Chief Information Officer for Open Data, subject matter experts |
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| 1 | | from all State agencies, and representatives of units of local | 2 | | government, not-for-profit organizations specializing in | 3 | | technology and innovation, the academic community, and other | 4 | | interested groups as designated by the Chief Information | 5 | | Officer.
| 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 | 12 | | Chief Information Officer shall prepare and publish: (1) a | 13 | | technical standards manual for the publishing of public data | 14 | | sets in raw or unprocessed form through a single web portal by | 15 | | State agencies for the purpose of making public data available | 16 | | to the greatest number of users and for the greatest number of | 17 | | applications and shall, whenever practicable, use open | 18 | | standards for web publishing and e-government; and (2) as | 19 | | needed, portfolio management policies for ensuring compliance | 20 | | with the requirements of this Act.
| 21 | | The manual shall identify the reasons why each technical | 22 | | standard was selected and for which types of data it is | 23 | | applicable, and may recommend or require that data be published | 24 | | in more than one technical standard. The manual shall include a | 25 | | plan to adopt or utilize a web application programming | 26 | | interface that permits application programs to request and |
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| 1 | | receive public data sets directly from the web portal. The | 2 | | manual and related policies may be updated as necessary.
| 3 | | (d) The Chief Information Officer shall consult with units | 4 | | of local government, not-for-profit organizations with a | 5 | | specialization in technology and innovation, agencies of other | 6 | | states, academic institutions, and voluntary consensus | 7 | | standards bodies, and, when such participation is feasible, in | 8 | | the public interest, and compatible with agency and | 9 | | departmental missions, authorities, and priorities, | 10 | | participate with such bodies in the development of technical | 11 | | and open standards.
| 12 | | (e) Within 120 days of the effective date of this Act, each | 13 | | State agency shall submit a compliance plan, together with a | 14 | | draft long-term strategic enterprise application plan | 15 | | consistent with this Act, to the Office of the Governor and | 16 | | shall make such plan available to the public on the | 17 | | data.illinois.gov web portal. Each State agency shall | 18 | | collaborate with the Governor's Office and the Chief | 19 | | Information Officer in formulating its plan. The plan shall | 20 | | include:
| 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 | 9 | | agencies shall consider whether information embodied in the | 10 | | public data set: (1) can be used to increase agency | 11 | | accountability and responsiveness; (2) improves public | 12 | | knowledge of the agency and its operations; (3) furthers the | 13 | | mission of the agency; (4) creates economic opportunity; (5) is | 14 | | received via the on-line forum for inclusion of particular | 15 | | public data sets; or (6) responds to a need or demand | 16 | | identified by public consultation.
| 17 | | (g) No later than July 1, 2014 and every July 1 thereafter, | 18 | | the Chief Information Officer shall post on the web portal an | 19 | | update of the compliance plan. Each update shall include the | 20 | | specific measures undertaken to make public data sets available | 21 | | on the single web portal since the immediately preceding | 22 | | update, specific measures that will be undertaken prior to the | 23 | | next update, an update to the list of public data sets if | 24 | | necessary, any changes to the prioritization of public data | 25 | | sets, and an update to the timeline for the inclusion of data | 26 | | sets on the single web portal if necessary.
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| 1 | | (h) Consistent with both the Executive Order 10 (2010) | 2 | | directive requiring State agencies to limit information | 3 | | technology expenditures by increasing the use of cloud | 4 | | computing where appropriate, and with the initiatives and | 5 | | standards announced in the United States Department of Homeland | 6 | | Security publication "Federal Cloud Computing Strategy" dated | 7 | | February 8, 2011, all State agencies are required to evaluate | 8 | | safe, secure cloud computing options, before making any new | 9 | | information technology or telecommunications investments, and, | 10 | | if feasible, adopt appropriate cloud computing solutions. Each | 11 | | State agency shall re-evaluate its technology sourcing | 12 | | strategy to include consideration and use of cloud computing | 13 | | solutions as part of the budget process.
| 14 | | Section 20. Grant information reporting. | 15 | | (a) Each grantor agency that is authorized to award grant | 16 | | funds to an entity other than the State of Illinois shall | 17 | | coordinate with the Chief Information Officer of the State to | 18 | | periodically provide for publication, at data.illinois.gov or | 19 | | any other publicly accessible website designated by the Chief | 20 | | Information Officer, of data sets containing information | 21 | | regarding awards of grant funds that the grantor agency has | 22 | | made during the previous fiscal year. The data sets shall | 23 | | include, 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, | 7 | | with available resources and technology, to make available in | 8 | | the data sets any other data that is relevant to its award of | 9 | | grant funds. | 10 | | (b) Data not subject to the requirements of this Section | 11 | | include, but are not limited to, data to which a State agency | 12 | | may deny access pursuant to any provision of a federal, State, | 13 | | or local law, rule, or regulation, as well as data that contain | 14 | | a significant amount of data to which a State agency may deny | 15 | | access pursuant to any provision of a federal, State, or local | 16 | | law, rule, or regulation. | 17 | | Section 25. Open data legal policies. | 18 | | (a) The Chief Information Officer shall conspicuously | 19 | | publish 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 | 22 | | maintain an on-line forum to solicit feedback from the public | 23 | | and to encourage public discussion on open data policies and | 24 | | public data set availability on the web portal.
| 25 | | (c) Open data legal policy. The use of the public data |
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| 1 | | provided 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 | 19 | | Order, Intergovernmental or Interagency Agreement (to which | 20 | | the State of Illinois or one of its executive branch agencies | 21 | | is a party), or other policy, procedure, or protocol conflicts | 22 | | with, contradicts, or is inconsistent with any provision of | 23 | | this Act, that conflicting, contradicting, or inconsistent | 24 | | Order, Agreement, policy, procedure, or protocol is hereby | 25 | | expressly revoked, repealed, and superseded.
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| 1 | | (b) Nothing in this Act shall be construed to contravene | 2 | | any State or federal law or any collective bargaining | 3 | | agreement.
| 4 | | Section 35. Severability. The provisions of this Act are | 5 | | severable under Section 1.31 of the Statute on Statutes. | 6 | | Section 40. Repealer. This Act is repealed on January 21, | 7 | | 2019.
| 8 | | Section 99. Effective date. This Act takes effect upon | 9 | | becoming law, except that Section 20 takes effect on January 1, | 10 | | 2014.".
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