Full Text of HB1040 98th General Assembly
HB1040sam002 98TH GENERAL ASSEMBLY | Sen. Pamela J. Althoff Filed: 5/8/2013
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| 1 | | AMENDMENT TO HOUSE BILL 1040
| 2 | | AMENDMENT NO. ______. Amend House Bill 1040, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 1. Short title. This Act may be cited as the Open | 6 | | Operating Standards Act. | 7 | | Section 5. Definitions. As used in this Act: | 8 | | "Cloud computing" has the meaning provided by Special | 9 | | Publication 800-145 issued by the National Institute of | 10 | | Standards and Technology of the United States Department of | 11 | | Commerce.
| 12 | | "Data" means final versions of statistical or factual | 13 | | information: (a) in alphanumeric form reflected in a list, | 14 | | table, graph, chart, or other non-narrative form that can be | 15 | | digitally transmitted or processed; and (b) regularly created | 16 | | or maintained by or on behalf of and owned by an agency that |
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| 1 | | records a measurement, transaction, or determination related | 2 | | to the mission of an agency. "Data" does not include | 3 | | information provided to an agency by other governmental | 4 | | entities, nor does it include image files, such as designs, | 5 | | drawings, maps, photos, or scanned copies of original | 6 | | documents, except that it does include statistical or factual | 7 | | information about such image files and shall include geographic | 8 | | information 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 | 11 | | agency to any person or entity for obligation, expenditure, or | 12 | | use by that person or entity for a specific purpose or purposes | 13 | | and any funds disbursed by the State Comptroller pursuant to an | 14 | | appropriation made by the General Assembly to a named entity or | 15 | | person. Funds disbursed in accordance with a fee for service | 16 | | purchase of care contract are not grant funds for purposes of | 17 | | this Act. | 18 | | Neither the method by which funds are dispensed whether by | 19 | | contract, agreement, grant subsidy, letter of credit, or any | 20 | | other method nor the purpose for which the funds are used can | 21 | | change the character of funds which otherwise would be | 22 | | considered grant funds as defined in this Section. | 23 | | "Grantee" means the person or entity which may use grant | 24 | | funds. | 25 | | "Grantor agency" means a State agency that dispenses grant | 26 | | funds. |
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| 1 | | "Open operating standard" means a technical standard | 2 | | developed and maintained by a voluntary consensus standards | 3 | | body that is available to the public without royalty or fee.
| 4 | | "Public data" means all data that is collected by any unit | 5 | | of State or local government in pursuance of that entity's | 6 | | official responsibilities which is otherwise subject to | 7 | | disclosure pursuant to the Freedom of Information Act, and is | 8 | | not prohibited from disclosure pursuant to any other | 9 | | contravening legal instrument, including, but not limited to, a | 10 | | superseding provision of federal or State law or an injunction | 11 | | from a court of competent jurisdiction.
| 12 | | "State agency" or "agency" has the meaning ascribed to the | 13 | | term "agency" in Section 3.1 of the Executive Reorganization | 14 | | Implementation Act. | 15 | | "Strategic plan" means an organization's evaluation, over | 16 | | a period of up to 5 years, of its strategy and direction, | 17 | | including a framework for decision-making with respect to | 18 | | resource allocation to achieve defined goals.
| 19 | | "Voluntary consensus standards body" means an organization | 20 | | that plans, develops, establishes, or coordinates voluntary | 21 | | consensus standards using agreed-upon procedures. A voluntary | 22 | | consensus standards body has the following attributes: | 23 | | openness; balance of interest; due process; an appeals process; | 24 | | and consensus.
| 25 | | Section 10. Open operating standard. |
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| 1 | | (a) There is hereby established an open operating standard, | 2 | | to be known as "Illinois Open Data", for the State of Illinois. | 3 | | Under this open operating standard, each agency of State | 4 | | government under the jurisdiction of the Governor shall make | 5 | | available public data sets of public information. Any unit of | 6 | | local government may adopt the State standard for itself.
| 7 | | (b) To implement this Act, the Office of the Governor may, | 8 | | by rule, establish policies, standards, and guidance as | 9 | | provided herein. The Illinois Administrative Procedure Act is | 10 | | hereby expressly adopted and shall apply to all rules made | 11 | | pursuant to this Act. | 12 | | (c) The Office of the Governor shall coordinate with each | 13 | | State agency to develop, using any existing or newly available | 14 | | resources and technology, appropriate systems to accurately | 15 | | report public information. These systems shall include a module | 16 | | that is specific to the management and administration of grant | 17 | | funds. | 18 | | Section 15. Function; protocol and compliance. | 19 | | (a) Public data sets that are made available on the | 20 | | Internet by agencies shall be accessible through a single web | 21 | | portal that is linked to data.illinois.gov or any successor | 22 | | website maintained by, or on behalf of, the State of Illinois. | 23 | | If an agency cannot make all such public data sets available on | 24 | | the single web portal, the agency shall report to the Office of | 25 | | the Governor the public data set or sets it is unable to make |
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| 1 | | available, the reasons why it cannot do so, and the date by | 2 | | which the agency expects those data sets to be available on the | 3 | | single web portal.
| 4 | | (b) Public data sets shall be made available in accordance | 5 | | with technical standards published by the Office of the | 6 | | Governor. The technical standards shall be determined by the | 7 | | Office of the Governor, in consultation with the subject matter | 8 | | experts from all State agencies and representatives of units of | 9 | | local government, not-for-profit organizations specializing in | 10 | | technology and innovation, the academic community, and other | 11 | | interested groups as designated by the Office of the Governor.
| 12 | | (1) Public data sets shall be provided in a format that | 13 | | permits automated processing and that makes use of | 14 | | appropriate technology to notify the public of all updates. | 15 | | The Office of the Governor shall, by rule, establish | 16 | | appropriate policies, procedures, and protocols for the | 17 | | coordinated management of the State's information | 18 | | technology resources. | 19 | | (2) Public data sets shall be updated as often as is | 20 | | necessary to preserve the integrity and usefulness of the | 21 | | data sets, to the extent that the agency regularly | 22 | | maintains or updates the public data set.
| 23 | | (3) Public data sets shall be made available without | 24 | | any registration requirement, license requirement, or | 25 | | restrictions on their use provided that the agency may | 26 | | require a third party providing to the public any public |
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| 1 | | data set, or application utilizing such data set, to | 2 | | explicitly identify the source and version of the public | 3 | | data set and a description of any modifications made to | 4 | | such public data set. Registration requirements, license | 5 | | requirements, or restrictions as used in this Section shall | 6 | | not include measures designed or required to ensure access | 7 | | to public data sets, to protect the single website housing | 8 | | public data sets from unlawful abuse or attempts to damage | 9 | | or impair use of the website, or to analyze the types of | 10 | | data being used to improve service delivery.
| 11 | | (4) Public data sets shall be accessible to external | 12 | | search capabilities.
| 13 | | (c) Within 60 days of the effective date of this Act, the | 14 | | Office of the Governor shall prepare and publish: (1) a | 15 | | technical standards manual for the publishing of public data | 16 | | sets in raw or unprocessed form through a single web portal by | 17 | | State agencies for the purpose of making public data available | 18 | | to the greatest number of users and for the greatest number of | 19 | | applications and shall, whenever practicable, use open | 20 | | standards for web publishing and e-government; and (2) as | 21 | | needed, portfolio management policies for ensuring compliance | 22 | | with the requirements of this Act.
| 23 | | The manual shall identify the reasons why each technical | 24 | | standard was selected and for which types of data it is | 25 | | applicable, and may recommend or require that data be published | 26 | | in more than one technical standard. The manual shall include a |
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| 1 | | plan to adopt or utilize a web application programming | 2 | | interface that permits application programs to request and | 3 | | receive public data sets directly from the web portal. The | 4 | | manual and related policies may be updated as necessary.
| 5 | | (d) The Office of the Governor shall consult with units of | 6 | | local government, not-for-profit organizations with a | 7 | | specialization in technology and innovation, agencies of other | 8 | | states, academic institutions, and voluntary consensus | 9 | | standards bodies, and, when such participation is feasible, in | 10 | | the public interest, and compatible with agency and | 11 | | departmental missions, authorities, and priorities, | 12 | | participate with such bodies in the development of technical | 13 | | and open standards.
| 14 | | (e) Within 120 days of the effective date of this Act, each | 15 | | State agency shall submit a compliance plan, together with a | 16 | | draft long-term strategic enterprise application plan | 17 | | consistent with this Act, to the Office of the Governor and | 18 | | shall make such plan available to the public on the | 19 | | data.illinois.gov web portal. Each State agency shall | 20 | | collaborate with the Governor's Office in formulating its plan. | 21 | | The plan shall include:
| 22 | | (1) a summary description of public data sets under the | 23 | | control of each State agency on or after the effective date | 24 | | of this Act; and
| 25 | | (2) a summary explanation of how its plans, charters, | 26 | | budgets, capital expenditures, contracts, and other |
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| 1 | | related documents and information for each information | 2 | | technology and telecommunications project it proposes to | 3 | | undertake can be utilized to support Illinois Open Data and | 4 | | related savings and efficiencies.
The plan shall | 5 | | prioritize public data sets for inclusion on the single web | 6 | | portal on or before December 31, 2014, in accordance with | 7 | | the standards provided for in subsections (b) and (c) of | 8 | | this Section.
| 9 | | (f) For purposes of prioritizing public data sets, State | 10 | | agencies shall consider whether information embodied in the | 11 | | public data set: (1) can be used to increase agency | 12 | | accountability and responsiveness; (2) improves public | 13 | | knowledge of the agency and its operations; (3) furthers the | 14 | | mission of the agency; (4) creates economic opportunity; (5) is | 15 | | received via the on-line forum for inclusion of particular | 16 | | public data sets; or (6) responds to a need or demand | 17 | | identified by public consultation.
| 18 | | (g) No later than July 1, 2014 and every July 1 thereafter, | 19 | | the Office of the Governor shall post on the web portal an | 20 | | update of the compliance plan. Each update shall include the | 21 | | specific measures undertaken to make public data sets available | 22 | | on the single web portal since the immediately preceding | 23 | | update, specific measures that will be undertaken prior to the | 24 | | next update, an update to the list of public data sets if | 25 | | necessary, any changes to the prioritization of public data | 26 | | sets, and an update to the timeline for the inclusion of data |
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| 1 | | sets on the single web portal if necessary.
| 2 | | (h) Consistent with both the Executive Order 10 (2010) | 3 | | directive requiring State agencies to limit information | 4 | | technology expenditures by increasing the use of cloud | 5 | | computing where appropriate, and with the initiatives and | 6 | | standards announced in the United States Department of Homeland | 7 | | Security publication "Federal Cloud Computing Strategy" dated | 8 | | February 8, 2011, all State agencies are required to evaluate | 9 | | safe, secure cloud computing options, before making any new | 10 | | information technology or telecommunications investments, and, | 11 | | if feasible, adopt appropriate cloud computing solutions. Each | 12 | | State agency shall re-evaluate its technology sourcing | 13 | | strategy to include consideration and use of cloud computing | 14 | | solutions as part of the budget process.
| 15 | | Section 20. Grant information reporting. | 16 | | (a) Each grantor agency that is authorized to award grant | 17 | | funds to an entity other than the State of Illinois shall | 18 | | coordinate with the Office of the Governor to periodically | 19 | | provide for publication, at data.illinois.gov or any other | 20 | | publicly accessible website designated by the Governor's | 21 | | Office, of data sets containing information regarding awards of | 22 | | grant funds that the grantor agency has made during the | 23 | | previous fiscal year. The data sets shall include, at a | 24 | | minimum, the following: | 25 | | (1) the name of the grantor agency; |
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| 1 | | (2) the name of the grantee; | 2 | | (3) a short description of the purpose of the award of | 3 | | grant funds; | 4 | | (4) the amount of each award of grant funds; | 5 | | (5) the date of each award of grant funds; and | 6 | | (6) the duration of each award of grant funds. | 7 | | In addition, each grantor agency shall make best efforts, | 8 | | with available resources and technology, to make available in | 9 | | the data sets any other data that is relevant to its award of | 10 | | grant funds. | 11 | | (b) Data not subject to the requirements of this Section | 12 | | include, but are not limited to, data to which a State agency | 13 | | may deny access pursuant to any provision of a federal, State, | 14 | | or local law, rule, or regulation, as well as data that contain | 15 | | a significant amount of data to which a State agency may deny | 16 | | access pursuant to any provision of a federal, State, or local | 17 | | law, rule, or regulation. | 18 | | Section 25. Open data legal policies. | 19 | | (a) The Office of the Governor shall conspicuously publish | 20 | | the open data legal policies contained in subsection (c) of | 21 | | this Section on the web portal.
| 22 | | (b) The Office of the Governor may establish and maintain | 23 | | an on-line forum to solicit feedback from the public and to | 24 | | encourage public discussion on open data policies and public | 25 | | data set availability on the web portal.
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| 1 | | (c) Open data legal policy. The use of the public data | 2 | | provided under this Act is subject to the following:
| 3 | | (1) Public data sets made available on the web portal | 4 | | are provided for informational purposes only. The State | 5 | | does not warrant the completeness, accuracy, content, or | 6 | | fitness for any particular purpose or use of any public | 7 | | data set made available on the web portal, nor are any such | 8 | | warranties to be implied or inferred with respect to the | 9 | | public data sets furnished under this Act.
| 10 | | (2) The State is not liable for any deficiencies in the | 11 | | completeness, accuracy, content, or fitness for any | 12 | | particular purpose or use of any public data set or any | 13 | | third party application utilizing such data set.
| 14 | | (3) Nothing in this Act shall be construed to create a | 15 | | private right of action to enforce its provisions.
| 16 | | (4) All public data sets shall be entirely in the | 17 | | public domain for purposes of federal copyright law.
| 18 | | Section 30. General provisions. | 19 | | (a) To the extent that any Executive Order, Administrative | 20 | | Order, Intergovernmental or Interagency Agreement (to which | 21 | | the State of Illinois or one of its executive branch agencies | 22 | | is a party), or other policy, procedure, or protocol conflicts | 23 | | with, contradicts, or is inconsistent with any provision of | 24 | | this Act, that conflicting, contradicting, or inconsistent | 25 | | Order, Agreement, policy, procedure, or protocol is hereby |
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| 1 | | expressly revoked, repealed, and superseded.
| 2 | | (b) Nothing in this Act shall be construed to contravene | 3 | | any State or federal law or any collective bargaining | 4 | | agreement.
| 5 | | Section 35. Severability. The provisions of this Act are | 6 | | severable under Section 1.31 of the Statute on Statutes. | 7 | | Section 40. Repealer. This Act is repealed on January 21, | 8 | | 2019.
| 9 | | Section 99. Effective date. This Act takes effect upon | 10 | | becoming law, except that Section 20 takes effect on January 1, | 11 | | 2014.".
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