HB1040ham003 98TH GENERAL ASSEMBLY

Rep. Michael W. Tryon

Filed: 4/17/2013

09800HB1040ham003 LRB098 03825 JDS 44765 a

AMENDMENT TO HOUSE BILL 1040

AMENDMENT NO. ______. Amend House Bill 1040, AS AMENDED, by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Open Operating Standard Act.

Section 5. Findings and purposes.

(a) The General Assembly finds that:

(1) the State of Illinois data portal, data.illinois.gov, empowers the public to access and use public data collected and maintained by the State of Illinois and the federal government;

(2) the State of Illinois is committed to be a national leader in improving access to public data sets for all citizens, and to encourage entrepreneurs and innovators to draw on this data for the benefit of all in the Land of Lincoln;

(3) the State and the municipalities of Illinois collect information and data on numerous topics including services available to the residents of Illinois;

(4) finding and utilizing government data, data that should be readily accessible, is often burdensome for both developers and the general public;

(5) government information should be organized with consistency and should be freely available; and

(6) meeting the State's commitment to providing open data will require the adoption of an open data operating standard and utilization of a cloud-based open data platform for the State's open data portal, coordinated strategic planning, where appropriate and feasible, by agencies as to enterprise application portfolio management, and will require the State to make its open data portal available to all units of government within the State including, but not limited to, municipalities, counties and public universities statewide, so that everyone may participate in the open data movement.

(b) The purposes of this Act are:

(1) to establish and implement a statewide commitment to fully adopting an open operating standard, because making public data available online using open standards will make the operation of government across the State of Illinois more transparent, effective and accountable to the public. A statewide policy of open data will streamline intra-governmental and inter-governmental communication and interoperability, permit the public to assist in identifying efficient solutions for government, promote innovative strategies for social progress, and create economic opportunities;

(2) to establish protocols for State agencies to make public data available online using open standards and a process establishing statewide information technology management standards, policies and governance principles to enable the State to fully implement an open operating standard while managing existing information technology resources and capabilities with enhanced efficiency;

(3) to provide for coordinated strategic planning by agencies with respect to application modernization, information technology and telecommunication policy, pursuant to a consistent statewide enterprise portfolio strategy to maximize the amount of public data made available and ensure compliance with this Act; and

(4) to establish, in accordance with Executive Order 2010-10, a policy under which each State agency will evaluate cloud computing options before making any new information technology or telecommunications investments.

Section 10. Definitions. As used in this Act:

"Cloud computing" has the meaning provided by Special Publication 800-145 issued by the National Institute of Standards and Technology of the United States Department of Commerce.

"Data" means final versions of statistical or factual information: (a) in alphanumeric form reflected in a list, table, graph, chart, or other non-narrative form that can be digitally transmitted or processed; and (b) regularly created or maintained by or on behalf of and owned by an agency that records a measurement, transaction, or determination related to the mission of an agency. "Data" does not include information provided to an agency by other governmental entities, nor does it include image files, such as designs, drawings, maps, photos, or scanned copies of original documents, except that it does include statistical or factual information about such image files and shall include geographic information system data. "Data" does not include:

(1) data to which an agency may deny access pursuant to any provision of a federal, State, or local law, rule, or regulation, including, but not limited to, the Freedom of Information Act;

(2) data that contains a significant amount of information to which an agency may deny access pursuant to any provision of a federal, State, or local law, rule, or regulation and where redacting such protected data in order to publish the unprotected elements would impose undue financial or administrative burden on the agency;

(3) data that reflects the internal deliberative process of an agency or agencies, including but not limited to negotiating positions, future procurements, or pending or reasonably anticipated legal or administrative proceedings;

(4) data stored on an agency-owned personal computing device, or data stored on a portion of a network that has been exclusively assigned to a single agency employee or a single agency owned or controlled computing device;

(5) materials subject to copyright, patent, trademark, confidentiality agreements, or trade secret protection;

(6) proprietary applications, computer code, software, operating systems, or similar materials;

(7) employment records, internal employee-related directories or lists, facilities data, information technology, internal service-desk and other data related to internal agency administration; and

(8) any other data the publication of which is prohibited by law.

"Grant funds" means any public funds dispensed by a grantor agency to any person or entity for obligation, expenditure, or use by that person or entity for a specific purpose or purposes. Funds disbursed by the State Comptroller pursuant to an appropriation made by the General Assembly to a named entity or person are not grant funds for purposes of this Act. Funds disbursed in accordance with a fee for service purchase of care contract are not grant funds for purposes of this Act.

Neither the method by which funds are dispensed whether by contract, agreement, grant subsidy, letter of credit, or any other method nor the purpose for which the funds are used can change the character of funds which otherwise would be considered grant funds as defined in this Section.

"Grantee" means the person or entity which may use grant funds.

"Grantor agency" means a State agency that dispenses grant funds.

"Open operating standard" means a technical standard developed and maintained by a voluntary consensus standards body that is available to the public without royalty or fee.

"Public data" means all data that is collected by any unit of State or local government in pursuance of that entity's official responsibilities which is otherwise subject to disclosure pursuant to the Freedom of Information Act, and is not prohibited from disclosure pursuant to any other contravening legal instrument, including, but not limited to, a superseding provision of federal or State law or an injunction from a court of competent jurisdiction.

"State agency" or "agency" has the meaning ascribed to the term "agency" in Section 3.1 of the Executive Reorganization Implementation Act.

"Strategic plan" means an organization's evaluation, over a period of up to 5 years, of its strategy and direction, including a framework for decision-making with respect to resource allocation to achieve defined goals.

"Voluntary consensus standards body" means an organization that plans, develops, establishes, or coordinates voluntary consensus standards using agreed-upon procedures. A voluntary consensus standards body has the following attributes: openness; balance of interest; due process; an appeals process; and consensus.

Section 15. Chief Information Officer; open operating standard.

(a) There is created within the Office of the Governor a Chief Information Officer for the State. The Chief Information Officer shall serve at the pleasure of the Governor and shall receive such compensation as the Governor shall determine. The Chief Information Officer shall coordinate with each State agency to develop, using any existing or newly available resources and technology, appropriate systems to accurately report public information. These systems shall include a module that is specific to the management and administration of grant funds.

(b) The Chief Information Officer shall establish an open operating standard, to be known as "Illinois Open Data", for the State of Illinois. Under this open operating standard, each agency of State government under the jurisdiction of the Governor shall make available public data sets of public information. Any unit of local government may adopt the State standard for itself.

(c) To implement this Act, the Chief Information Officer shall, by rule, establish policies, standards, and guidance as provided herein. The Illinois Administrative Procedure Act is hereby expressly adopted and shall apply to all rulemaking by the Chief Information Officer under this Act.

In addition, the Chief Information Officer shall designate, with the approval of the Governor, a current employee of State government to act, in addition to his or her existing responsibilities, as the Deputy Chief Information Officer for Open Data.

Section 20. Function; protocol and compliance.

(a) Public data sets agencies make available on the Internet shall be accessible through a single web portal that is linked to data.illinois.gov or any successor website maintained by, or on behalf of, the State of Illinois. If an agency cannot make all such public data sets available on the single web portal, the agency shall report to the Chief Information Officer the public data set or sets it is unable to make available, the reasons why it cannot do so, and the date by which the agency expects those data sets to be available on the single web portal.

(b) Public data sets shall be made available in accordance with technical standards published by the Chief Information Officer. The technical standards shall be determined by the Chief Information Officer, in consultation with the Deputy Chief Information Officer for Open Data, subject matter experts from all State agencies, and representatives of units of local government, not-for-profit organizations specializing in technology and innovation, the academic community, and other interested groups as designated by the Chief Information Officer.

(1) Public data sets shall be provided in a format that permits automated processing and that makes use of appropriate technology to notify the public of all updates. The Chief Information Officer shall, by rule, establish appropriate policies, procedures, and protocols for the coordinated management of the State's information technology resources. With the approval of the Office of the Governor, the Chief Information Officer may designate one or more persons to comprise the staff of the Office of the Chief Information Officer in order to carry out the duties set forth in this Act.

(2) Public data sets shall be updated as often as is necessary to preserve the integrity and usefulness of the data sets, to the extent that the agency regularly maintains or updates the public data set.

(3) Public data sets shall be made available without any registration requirement, license requirement, or restrictions on their use provided that the agency may require a third party providing to the public any public data set, or application utilizing such data set, to explicitly identify the source and version of the public data set and a description of any modifications made to such public data set. Registration requirements, license requirements, or restrictions as used in this Section shall not include measures designed or required to ensure access to public data sets, to protect the single website housing public data sets from unlawful abuse or attempts to damage or impair use of the website, or to analyze the types of data being used to improve service delivery.

(4) Public data sets shall be accessible to external search capabilities.

(c) Within 60 days of the effective date of this Act, the Chief Information Officer shall prepare and publish: (1) a technical standards manual for the publishing of public data sets in raw or unprocessed form through a single web portal by State agencies for the purpose of making public data available to the greatest number of users and for the greatest number of applications and shall, whenever practicable, use open standards for web publishing and e-government; and (2) as needed, portfolio management policies for ensuring compliance with the requirements of this Act.

The manual shall identify the reasons why each technical standard was selected and for which types of data it is applicable, and may recommend or require that data be published in more than one technical standard. The manual shall include a plan to adopt or utilize a web application programming interface that permits application programs to request and receive public data sets directly from the web portal. The manual and related policies may be updated as necessary.

(d) The Chief Information Officer shall consult with units of local government, not-for-profit organizations with a specialization in technology and innovation, agencies of other states, academic institutions, and voluntary consensus standards bodies, and, when such participation is feasible, in the public interest, and compatible with agency and departmental missions, authorities, and priorities, participate with such bodies in the development of technical and open standards.

(e) Within 120 days of the effective date of this Act, each State agency shall submit a compliance plan, together with a draft long-term strategic enterprise application plan consistent with this Act, to the Office of the Governor and shall make such plan available to the public on the data.illinois.gov web portal. Each State agency shall collaborate with the Governor's Office and the Chief Information Officer in formulating its plan. The plan shall include:

(1) a summary description of public data sets under the control of each State agency on or after the effective date of this Act; and

(2) a summary explanation of how its plans, charters, budgets, capital expenditures, contracts, and other related documents and information for each information technology and telecommunications project it proposes to undertake can be utilized to support Illinois Open Data and related savings and efficiencies. The plan shall prioritize public data sets for inclusion on the single web portal on or before December 31, 2014, in accordance with the standards provided for in subsections (b) and (c) of this Section.

(f) For purposes of prioritizing public data sets, State agencies shall consider whether information embodied in the public data set: (1) can be used to increase agency accountability and responsiveness; (2) improves public knowledge of the agency and its operations; (3) furthers the mission of the agency; (4) creates economic opportunity; (5) is received via the on-line forum for inclusion of particular public data sets; or (6) responds to a need or demand identified by public consultation.

(g) No later than July 1, 2014 and every July 1 thereafter, the Chief Information Officer shall post on the web portal an update of the compliance plan. Each update shall include the specific measures undertaken to make public data sets available on the single web portal since the immediately preceding update, specific measures that will be undertaken prior to the next update, an update to the list of public data sets if necessary, any changes to the prioritization of public data sets, and an update to the timeline for the inclusion of data sets on the single web portal if necessary.

(h) Consistent with both the Executive Order 10 (2010) directive requiring State agencies to limit information technology expenditures by increasing the use of cloud computing where appropriate, and with the initiatives and standards announced in the United States Department of Homeland Security publication "Federal Cloud Computing Strategy" dated February 8, 2011, all State agencies are required to evaluate safe, secure cloud computing options, before making any new information technology or telecommunications investments, and, if feasible, adopt appropriate cloud computing solutions. Each State agency shall re-evaluate its technology sourcing strategy to include consideration and use of cloud computing solutions as part of the budget process.

Section 22. Grant information reporting.

(a) Each grantor agency that is authorized to award grant funds to an entity other than the State of Illinois shall coordinate with the Chief Information Officer of the State to periodically provide for publication, at data.illinois.gov or any other publicly accessible website designated by the Chief Information Officer, of data sets containing information regarding awards of grant funds that the grantor agency has made during the previous fiscal year. The data sets shall include, at a minimum, the following:

(1) the name of the grantor agency;

(2) the name of the grantee;

(3) a short description of the purpose of the award of grant funds;

(4) the amount of each award of grant funds;

(5) the date of each award of grant funds; and

(6) the duration of each award of grant funds.

In addition, each grantor agency shall make best efforts, with available resources and technology, to make available in the data sets any other data that is relevant to its award of grant funds.

(b) Data not subject to the requirements of this Section include, but are not limited to, data to which a State agency may deny access pursuant to any provision of a federal, State, or local law, rule, or regulation, as well as data that contain a significant amount of data to which a State agency may deny access pursuant to any provision of a federal, State, or local law, rule, or regulation where redacting that data in order to publish the data would impose an undue financial or administrative burden.

Section 25. Open data legal policies.

(a) The Chief Information Officer shall conspicuously publish the open data legal policies contained in subsection (c) of this Section on the web portal.

(b) The Chief Information Officer may establish and maintain an on-line forum to solicit feedback from the public and to encourage public discussion on open data policies and public data set availability on the web portal.

(c) Open data legal policy. The use of the public data provided under this Act is subject to the following:

(1) Public data sets made available on the web portal are provided for informational purposes only. The State does not warrant the completeness, accuracy, content, or fitness for any particular purpose or use of any public data set made available on the web portal, nor are any such warranties to be implied or inferred with respect to the public data sets furnished under this Act.

(2) The State is not liable for any deficiencies in the completeness, accuracy, content, or fitness for any particular purpose or use of any public data set or any third party application utilizing such data set.

(3) Nothing in this Act shall be construed to create a private right of action to enforce its provisions.

(4) All public data sets shall be entirely in the public domain for purposes of federal copyright law.

Section 30. General provisions.

(a) To the extent that any Executive Order, Administrative Order, Intergovernmental or Interagency Agreement (to which the State of Illinois or one of its executive branch agencies is a party), or other policy, procedure, or protocol conflicts with, contradicts, or is inconsistent with any provision of this Act, that conflicting, contradicting, or inconsistent Order, Agreement, policy, procedure, or protocol is hereby expressly revoked, repealed, and superseded.

(b) Nothing in this Act shall be construed to contravene any State or federal law or any collective bargaining agreement.

Section 35. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.

Section 99. Effective date. This Act takes effect upon becoming law, except that Section 22 takes effect on January 1, 2014.".