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


Sen. Pamela J. Althoff

Filed: 5/8/2013





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2    AMENDMENT NO. ______. Amend House Bill 1040, AS AMENDED, by
3replacing everything after the enacting clause with the
5    "Section 1. Short title. This Act may be cited as the Open
6Operating Standards Act.
7    Section 5. Definitions. As used in this Act:
8    "Cloud computing" has the meaning provided by Special
9Publication 800-145 issued by the National Institute of
10Standards and Technology of the United States Department of
12    "Data" means final versions of statistical or factual
13information: (a) in alphanumeric form reflected in a list,
14table, graph, chart, or other non-narrative form that can be
15digitally transmitted or processed; and (b) regularly created
16or 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;
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
11agency to any person or entity for obligation, expenditure, or
12use by that person or entity for a specific purpose or purposes
13and any funds disbursed by the State Comptroller pursuant to an
14appropriation made by the General Assembly to a named entity or
15person. Funds disbursed in accordance with a fee for service
16purchase of care contract are not grant funds for purposes of
17this Act.
18    Neither the method by which funds are dispensed whether by
19contract, agreement, grant subsidy, letter of credit, or any
20other method nor the purpose for which the funds are used can
21change the character of funds which otherwise would be
22considered grant funds as defined in this Section.
23    "Grantee" means the person or entity which may use grant
25    "Grantor agency" means a State agency that dispenses grant



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1    "Open operating standard" means a technical standard
2developed and maintained by a voluntary consensus standards
3body that is available to the public without royalty or fee.
4    "Public data" means all data that is collected by any unit
5of State or local government in pursuance of that entity's
6official responsibilities which is otherwise subject to
7disclosure pursuant to the Freedom of Information Act, and is
8not prohibited from disclosure pursuant to any other
9contravening legal instrument, including, but not limited to, a
10superseding provision of federal or State law or an injunction
11from a court of competent jurisdiction.
12    "State agency" or "agency" has the meaning ascribed to the
13term "agency" in Section 3.1 of the Executive Reorganization
14Implementation Act.
15    "Strategic plan" means an organization's evaluation, over
16a period of up to 5 years, of its strategy and direction,
17including a framework for decision-making with respect to
18resource allocation to achieve defined goals.
19    "Voluntary consensus standards body" means an organization
20that plans, develops, establishes, or coordinates voluntary
21consensus standards using agreed-upon procedures. A voluntary
22consensus standards body has the following attributes:
23openness; balance of interest; due process; an appeals process;
24and consensus.
25    Section 10. Open operating standard.



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1    (a) There is hereby established an open operating standard,
2to be known as "Illinois Open Data", for the State of Illinois.
3Under this open operating standard, each agency of State
4government under the jurisdiction of the Governor shall make
5available public data sets of public information. Any unit of
6local government may adopt the State standard for itself.
7    (b) To implement this Act, the Office of the Governor may,
8by rule, establish policies, standards, and guidance as
9provided herein. The Illinois Administrative Procedure Act is
10hereby expressly adopted and shall apply to all rules made
11pursuant to this Act.
12    (c) The Office of the Governor shall coordinate with each
13State agency to develop, using any existing or newly available
14resources and technology, appropriate systems to accurately
15report public information. These systems shall include a module
16that is specific to the management and administration of grant
18    Section 15. Function; protocol and compliance.
19    (a) Public data sets that are made available on the
20Internet by agencies shall be accessible through a single web
21portal that is linked to or any successor
22website maintained by, or on behalf of, the State of Illinois.
23If an agency cannot make all such public data sets available on
24the single web portal, the agency shall report to the Office of
25the Governor the public data set or sets it is unable to make



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1available, the reasons why it cannot do so, and the date by
2which the agency expects those data sets to be available on the
3single web portal.
4    (b) Public data sets shall be made available in accordance
5with technical standards published by the Office of the
6Governor. The technical standards shall be determined by the
7Office of the Governor, in consultation with the subject matter
8experts from all State agencies and representatives of units of
9local government, not-for-profit organizations specializing in
10technology and innovation, the academic community, and other
11interested 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
14Office of the Governor shall prepare and publish: (1) a
15technical standards manual for the publishing of public data
16sets in raw or unprocessed form through a single web portal by
17State agencies for the purpose of making public data available
18to the greatest number of users and for the greatest number of
19applications and shall, whenever practicable, use open
20standards for web publishing and e-government; and (2) as
21needed, portfolio management policies for ensuring compliance
22with the requirements of this Act.
23    The manual shall identify the reasons why each technical
24standard was selected and for which types of data it is
25applicable, and may recommend or require that data be published
26in more than one technical standard. The manual shall include a



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1plan to adopt or utilize a web application programming
2interface that permits application programs to request and
3receive public data sets directly from the web portal. The
4manual and related policies may be updated as necessary.
5    (d) The Office of the Governor shall consult with units of
6local government, not-for-profit organizations with a
7specialization in technology and innovation, agencies of other
8states, academic institutions, and voluntary consensus
9standards bodies, and, when such participation is feasible, in
10the public interest, and compatible with agency and
11departmental missions, authorities, and priorities,
12participate with such bodies in the development of technical
13and open standards.
14    (e) Within 120 days of the effective date of this Act, each
15State agency shall submit a compliance plan, together with a
16draft long-term strategic enterprise application plan
17consistent with this Act, to the Office of the Governor and
18shall make such plan available to the public on the web portal. Each State agency shall
20collaborate with the Governor's Office in formulating its plan.
21The 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
10agencies shall consider whether information embodied in the
11public data set: (1) can be used to increase agency
12accountability and responsiveness; (2) improves public
13knowledge of the agency and its operations; (3) furthers the
14mission of the agency; (4) creates economic opportunity; (5) is
15received via the on-line forum for inclusion of particular
16public data sets; or (6) responds to a need or demand
17identified by public consultation.
18    (g) No later than July 1, 2014 and every July 1 thereafter,
19the Office of the Governor shall post on the web portal an
20update of the compliance plan. Each update shall include the
21specific measures undertaken to make public data sets available
22on the single web portal since the immediately preceding
23update, specific measures that will be undertaken prior to the
24next update, an update to the list of public data sets if
25necessary, any changes to the prioritization of public data
26sets, and an update to the timeline for the inclusion of data



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1sets on the single web portal if necessary.
2    (h) Consistent with both the Executive Order 10 (2010)
3directive requiring State agencies to limit information
4technology expenditures by increasing the use of cloud
5computing where appropriate, and with the initiatives and
6standards announced in the United States Department of Homeland
7Security publication "Federal Cloud Computing Strategy" dated
8February 8, 2011, all State agencies are required to evaluate
9safe, secure cloud computing options, before making any new
10information technology or telecommunications investments, and,
11if feasible, adopt appropriate cloud computing solutions. Each
12State agency shall re-evaluate its technology sourcing
13strategy to include consideration and use of cloud computing
14solutions as part of the budget process.
15    Section 20. Grant information reporting.
16    (a) Each grantor agency that is authorized to award grant
17funds to an entity other than the State of Illinois shall
18coordinate with the Office of the Governor to periodically
19provide for publication, at or any other
20publicly accessible website designated by the Governor's
21Office, of data sets containing information regarding awards of
22grant funds that the grantor agency has made during the
23previous fiscal year. The data sets shall include, at a
24minimum, 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,
8with available resources and technology, to make available in
9the data sets any other data that is relevant to its award of
10grant funds.
11    (b) Data not subject to the requirements of this Section
12include, but are not limited to, data to which a State agency
13may deny access pursuant to any provision of a federal, State,
14or local law, rule, or regulation, as well as data that contain
15a significant amount of data to which a State agency may deny
16access pursuant to any provision of a federal, State, or local
17law, rule, or regulation.
18    Section 25. Open data legal policies.
19    (a) The Office of the Governor shall conspicuously publish
20the open data legal policies contained in subsection (c) of
21this Section on the web portal.
22    (b) The Office of the Governor may establish and maintain
23an on-line forum to solicit feedback from the public and to
24encourage public discussion on open data policies and public
25data set availability on the web portal.



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1    (c) Open data legal policy. The use of the public data
2provided 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
20Order, Intergovernmental or Interagency Agreement (to which
21the State of Illinois or one of its executive branch agencies
22is a party), or other policy, procedure, or protocol conflicts
23with, contradicts, or is inconsistent with any provision of
24this Act, that conflicting, contradicting, or inconsistent
25Order, Agreement, policy, procedure, or protocol is hereby



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1expressly revoked, repealed, and superseded.
2    (b) Nothing in this Act shall be construed to contravene
3any State or federal law or any collective bargaining
5    Section 35. Severability. The provisions of this Act are
6severable under Section 1.31 of the Statute on Statutes.
7    Section 40. Repealer. This Act is repealed on January 21,
9    Section 99. Effective date. This Act takes effect upon
10becoming law, except that Section 20 takes effect on January 1,