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1 | | AN ACT concerning State government.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 1. Short title. This Act may be cited as the Open |
5 | | Operating Standard Act. |
6 | | Section 5. Findings and purposes. |
7 | | (a) The General Assembly finds that:
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8 | | (1) the State of Illinois data portal, |
9 | | data.illinois.gov, empowers the public to access and use |
10 | | public data collected and maintained by the State of |
11 | | Illinois and the federal government;
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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;
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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;
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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;
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23 | | (5) government information should be organized with |
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1 | | consistency and should be freely available; and
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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.
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13 | | (b) The purposes of this Act are:
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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;
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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;
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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
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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.
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16 | | Section 10. Definitions. As used in this Act: |
17 | | "Cloud computing" has the meaning provided by Special |
18 | | Publication 800-145 issued by the National Institute of |
19 | | Standards and Technology of the United States Department of |
20 | | Commerce.
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21 | | "Data" means final versions of statistical or factual |
22 | | information: (a) in alphanumeric form reflected in a list, |
23 | | table, graph, chart, or other non-narrative form that can be |
24 | | digitally transmitted or processed; and (b) regularly created |
25 | | 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:
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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;
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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;
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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;
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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;
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2 | | (5) materials subject to copyright, patent, trademark, |
3 | | confidentiality agreements, or trade secret protection;
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4 | | (6) proprietary applications, computer code, software, |
5 | | operating systems, or similar materials;
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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
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10 | | (8) any other data the publication of which is |
11 | | prohibited by law.
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12 | | "Grant funds" means any public funds dispensed by a grantor |
13 | | agency to any person or entity for obligation, expenditure, or |
14 | | use by that person or entity for a specific purpose or |
15 | | purposes. Funds disbursed by the State Comptroller pursuant to |
16 | | an appropriation made by the General Assembly to a named entity |
17 | | or person are not grant funds for purposes of this Act. Funds |
18 | | disbursed in accordance with a fee for service purchase of care |
19 | | contract are not grant funds for purposes of this Act. |
20 | | Neither the method by which funds are dispensed whether by |
21 | | contract, agreement, grant subsidy, letter of credit, or any |
22 | | other method nor the purpose for which the funds are used can |
23 | | change the character of funds which otherwise would be |
24 | | considered grant funds as defined in this Section. |
25 | | "Grantee" means the person or entity which may use grant |
26 | | funds. |
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1 | | "Grantor agency" means a State agency that dispenses grant |
2 | | funds. |
3 | | "Open operating standard" means a technical standard |
4 | | developed and maintained by a voluntary consensus standards |
5 | | body that is available to the public without royalty or fee.
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6 | | "Public data" means all data that is collected by any unit |
7 | | of State or local government in pursuance of that entity's |
8 | | official responsibilities which is otherwise subject to |
9 | | disclosure pursuant to the Freedom of Information Act, and is |
10 | | not prohibited from disclosure pursuant to any other |
11 | | contravening legal instrument, including, but not limited to, a |
12 | | superseding provision of federal or State law or an injunction |
13 | | from a court of competent jurisdiction.
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14 | | "State agency" or "agency" has the meaning ascribed to the |
15 | | term "agency" in Section 3.1 of the Executive Reorganization |
16 | | Implementation Act. |
17 | | "Strategic plan" means an organization's evaluation, over |
18 | | a period of up to 5 years, of its strategy and direction, |
19 | | including a framework for decision-making with respect to |
20 | | resource allocation to achieve defined goals.
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21 | | "Voluntary consensus standards body" means an organization |
22 | | that plans, develops, establishes, or coordinates voluntary |
23 | | consensus standards using agreed-upon procedures. A voluntary |
24 | | consensus standards body has the following attributes: |
25 | | openness; balance of interest; due process; an appeals process; |
26 | | and consensus.
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1 | | Section 15. Chief Information Officer; open operating |
2 | | standard. |
3 | | (a) There is created within the Office of the Governor a |
4 | | Chief Information Officer for the State. The Chief Information |
5 | | Officer shall serve at the pleasure of the Governor and shall |
6 | | receive such compensation as the Governor shall determine. The |
7 | | Chief Information Officer shall coordinate with each State |
8 | | agency to develop, using any existing or newly available |
9 | | resources and technology, appropriate systems to accurately |
10 | | report public information.
These systems shall include a module |
11 | | that is specific to the management and administration of grant |
12 | | funds. |
13 | | (b) The Chief Information Officer shall establish an open |
14 | | operating standard, to be known as "Illinois Open Data", for |
15 | | the State of Illinois. Under this open operating standard, each |
16 | | agency of State government under the jurisdiction of the |
17 | | Governor shall make available public data sets of public |
18 | | information. Any unit of local government may adopt the State |
19 | | standard for itself.
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20 | | (c) To implement this Act, the Chief Information Officer |
21 | | shall, by rule, establish policies, standards, and guidance as |
22 | | provided herein. The Illinois Administrative Procedure Act is |
23 | | hereby expressly adopted and shall apply to all rulemaking by |
24 | | the Chief Information Officer under this Act.
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25 | | In addition, the Chief Information Officer shall |
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1 | | designate, with the approval of the Governor, a current |
2 | | employee of State government to act, in addition to his or her |
3 | | existing responsibilities, as the Deputy Chief Information |
4 | | Officer for Open Data.
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5 | | Section 20. Function; protocol and compliance. |
6 | | (a) Public data sets agencies make available on the |
7 | | Internet shall be accessible through a single web portal that |
8 | | is linked to data.illinois.gov or any successor website |
9 | | maintained by, or on behalf of, the State of Illinois. If an |
10 | | agency cannot make all such public data sets available on the |
11 | | single web portal, the agency shall report to the Chief |
12 | | Information Officer the public data set or sets it is unable to |
13 | | make available, the reasons why it cannot do so, and the date |
14 | | by which the agency expects those data sets to be available on |
15 | | the single web portal.
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16 | | (b) Public data sets shall be made available in accordance |
17 | | with technical standards published by the Chief Information |
18 | | Officer. The technical standards shall be determined by the |
19 | | Chief Information Officer, in consultation with the Deputy |
20 | | Chief Information Officer for Open Data, subject matter experts |
21 | | from all State agencies, and representatives of units of local |
22 | | government, not-for-profit organizations specializing in |
23 | | technology and innovation, the academic community, and other |
24 | | interested groups as designated by the Chief Information |
25 | | Officer.
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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.
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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.
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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.
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4 | | (4) Public data sets shall be accessible to external |
5 | | search capabilities.
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6 | | (c) Within 60 days of the effective date of this Act, the |
7 | | Chief Information Officer shall prepare and publish: (1) a |
8 | | technical standards manual for the publishing of public data |
9 | | sets in raw or unprocessed form through a single web portal by |
10 | | State agencies for the purpose of making public data available |
11 | | to the greatest number of users and for the greatest number of |
12 | | applications and shall, whenever practicable, use open |
13 | | standards for web publishing and e-government; and (2) as |
14 | | needed, portfolio management policies for ensuring compliance |
15 | | with the requirements of this Act.
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16 | | The manual shall identify the reasons why each technical |
17 | | standard was selected and for which types of data it is |
18 | | applicable, and may recommend or require that data be published |
19 | | in more than one technical standard. The manual shall include a |
20 | | plan to adopt or utilize a web application programming |
21 | | interface that permits application programs to request and |
22 | | receive public data sets directly from the web portal. The |
23 | | manual and related policies may be updated as necessary.
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24 | | (d) The Chief Information Officer shall consult with units |
25 | | of local government, not-for-profit organizations with a |
26 | | specialization in technology and innovation, agencies of other |
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1 | | states, academic institutions, and voluntary consensus |
2 | | standards bodies, and, when such participation is feasible, in |
3 | | the public interest, and compatible with agency and |
4 | | departmental missions, authorities, and priorities, |
5 | | participate with such bodies in the development of technical |
6 | | and open standards.
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7 | | (e) Within 120 days of the effective date of this Act, each |
8 | | State agency shall submit a compliance plan, together with a |
9 | | draft long-term strategic enterprise application plan |
10 | | consistent with this Act, to the Office of the Governor and |
11 | | shall make such plan available to the public on the |
12 | | data.illinois.gov web portal. Each State agency shall |
13 | | collaborate with the Governor's Office and the Chief |
14 | | Information Officer in formulating its plan. The plan shall |
15 | | include:
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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
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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.
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3 | | (f) For purposes of prioritizing public data sets, State |
4 | | agencies shall consider whether information embodied in the |
5 | | public data set: (1) can be used to increase agency |
6 | | accountability and responsiveness; (2) improves public |
7 | | knowledge of the agency and its operations; (3) furthers the |
8 | | mission of the agency; (4) creates economic opportunity; (5) is |
9 | | received via the on-line forum for inclusion of particular |
10 | | public data sets; or (6) responds to a need or demand |
11 | | identified by public consultation.
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12 | | (g) No later than July 1, 2014 and every July 1 thereafter, |
13 | | the Chief Information Officer shall post on the web portal an |
14 | | update of the compliance plan. Each update shall include the |
15 | | specific measures undertaken to make public data sets available |
16 | | on the single web portal since the immediately preceding |
17 | | update, specific measures that will be undertaken prior to the |
18 | | next update, an update to the list of public data sets if |
19 | | necessary, any changes to the prioritization of public data |
20 | | sets, and an update to the timeline for the inclusion of data |
21 | | sets on the single web portal if necessary.
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22 | | (h) Consistent with both the Executive Order 10 (2010) |
23 | | directive requiring State agencies to limit information |
24 | | technology expenditures by increasing the use of cloud |
25 | | computing where appropriate, and with the initiatives and |
26 | | standards announced in the United States Department of Homeland |
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1 | | Security publication "Federal Cloud Computing Strategy" dated |
2 | | February 8, 2011, all State agencies are required to evaluate |
3 | | safe, secure cloud computing options, before making any new |
4 | | information technology or telecommunications investments, and, |
5 | | if feasible, adopt appropriate cloud computing solutions. Each |
6 | | State agency shall re-evaluate its technology sourcing |
7 | | strategy to include consideration and use of cloud computing |
8 | | solutions as part of the budget process.
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9 | | Section 22. Grant information reporting. |
10 | | (a) Each grantor agency that is authorized to award grant |
11 | | funds to an entity other than the State of Illinois shall |
12 | | coordinate with the Chief Information Officer of the State to |
13 | | periodically provide for publication, at data.illinois.gov or |
14 | | any other publicly accessible website designated by the Chief |
15 | | Information Officer, of data sets containing information |
16 | | regarding awards of grant funds that the grantor agency has |
17 | | made during the previous fiscal year. The data sets shall |
18 | | include, 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, |
2 | | with available resources and technology, to make available in |
3 | | the data sets any other data that is relevant to its award of |
4 | | grant funds. |
5 | | (b) Data not subject to the requirements of this Section |
6 | | include, but are not limited to, data to which a State agency |
7 | | may deny access pursuant to any provision of a federal, State, |
8 | | or local law, rule, or regulation, as well as data that contain |
9 | | a significant amount of data to which a State agency may deny |
10 | | access pursuant to any provision of a federal, State, or local |
11 | | law, rule, or regulation where redacting that data in order to |
12 | | publish the data would impose an undue financial or |
13 | | administrative burden. |
14 | | Section 25. Open data legal policies. |
15 | | (a) The Chief Information Officer shall conspicuously |
16 | | publish the open data legal policies contained in subsection |
17 | | (c) of this Section on the web portal.
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18 | | (b) The Chief Information Officer may establish and |
19 | | maintain an on-line forum to solicit feedback from the public |
20 | | and to encourage public discussion on open data policies and |
21 | | public data set availability on the web portal.
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22 | | (c) Open data legal policy. The use of the public data |
23 | | provided under this Act is subject to the following:
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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.
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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.
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10 | | (3) Nothing in this Act shall be construed to create a |
11 | | private right of action to enforce its provisions.
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12 | | (4) All public data sets shall be entirely in the |
13 | | public domain for purposes of federal copyright law.
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14 | | Section 30. General provisions. |
15 | | (a) To the extent that any Executive Order, Administrative |
16 | | Order, Intergovernmental or Interagency Agreement (to which |
17 | | the State of Illinois or one of its executive branch agencies |
18 | | is a party), or other policy, procedure, or protocol conflicts |
19 | | with, contradicts, or is inconsistent with any provision of |
20 | | this Act, that conflicting, contradicting, or inconsistent |
21 | | Order, Agreement, policy, procedure, or protocol is hereby |
22 | | expressly revoked, repealed, and superseded.
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23 | | (b) Nothing in this Act shall be construed to contravene |
24 | | any State or federal law or any collective bargaining |
25 | | agreement.
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