Full Text of HB1040 98th General Assembly
HB1040enr 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 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 | 17 | | to the mission of an agency. "Data" does not include | 18 | | information provided to an agency by other governmental | 19 | | entities, nor does it include image files, such as designs, | 20 | | drawings, maps, photos, or scanned copies of original | 21 | | documents, except that it does include statistical or factual | 22 | | information about such image files and shall include geographic | 23 | | information system data. "Data" does not include:
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| 1 | | (1) data to which an agency may deny access pursuant to | 2 | | any provision of a federal, State, or local law, rule, or | 3 | | regulation, including, but not limited to, the Freedom of | 4 | | Information Act;
| 5 | | (2) data that contains a significant amount of | 6 | | information to which an agency may deny access pursuant to | 7 | | any provision of a federal, State, or local law, rule, or | 8 | | regulation;
| 9 | | (3) data that reflects the internal deliberative | 10 | | process of an agency or agencies, including but not limited | 11 | | to negotiating positions, future procurements, or pending | 12 | | or reasonably anticipated legal or administrative | 13 | | proceedings;
| 14 | | (4) data stored on an agency-owned personal computing | 15 | | device, or data stored on a portion of a network that has | 16 | | been exclusively assigned to a single agency employee or a | 17 | | single agency owned or controlled computing device;
| 18 | | (5) materials subject to copyright, patent, trademark, | 19 | | confidentiality agreements, or trade secret protection;
| 20 | | (6) proprietary applications, computer code, software, | 21 | | operating systems, or similar materials;
| 22 | | (7) employment records, internal employee-related | 23 | | directories or lists, facilities data, information | 24 | | technology, internal service-desk and other data related | 25 | | to internal agency administration; and
| 26 | | (8) any other data the publication of which is |
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| 1 | | prohibited by law.
| 2 | | "Grant funds" means any public funds dispensed by a grantor | 3 | | agency to any person or entity for obligation, expenditure, or | 4 | | use by that person or entity for a specific purpose or purposes | 5 | | and any funds disbursed by the State Comptroller pursuant to an | 6 | | appropriation made by the General Assembly to a named entity or | 7 | | person. Funds disbursed in accordance with a fee for service | 8 | | purchase of care contract are not grant funds for purposes of | 9 | | this Act. | 10 | | Neither the method by which funds are dispensed whether by | 11 | | contract, agreement, grant subsidy, letter of credit, or any | 12 | | other method nor the purpose for which the funds are used can | 13 | | change the character of funds which otherwise would be | 14 | | considered grant funds as defined in this Section. | 15 | | "Grantee" means the person or entity which may use grant | 16 | | funds. | 17 | | "Grantor agency" means a State agency that dispenses grant | 18 | | funds. | 19 | | "Open operating standard" means a technical standard | 20 | | developed and maintained by a voluntary consensus standards | 21 | | body that is available to the public without royalty or fee.
| 22 | | "Public data" means all data that is collected by any unit | 23 | | of State or local government in pursuance of that entity's | 24 | | official responsibilities which is otherwise subject to | 25 | | disclosure pursuant to the Freedom of Information Act, and is | 26 | | not prohibited from disclosure pursuant to any other |
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| 1 | | contravening legal instrument, including, but not limited to, a | 2 | | superseding provision of federal or State law or an injunction | 3 | | from a court of competent jurisdiction.
| 4 | | "State agency" or "agency" has the meaning ascribed to the | 5 | | term "agency" in Section 3.1 of the Executive Reorganization | 6 | | Implementation Act. | 7 | | "Strategic enterprise application plan" means a | 8 | | comprehensive program developed by a State agency, | 9 | | articulating both principles and goals related to the | 10 | | application of its services and programs to the current and | 11 | | future needs of enterprise in Illinois. | 12 | | "Strategic plan" means an organization's evaluation, over | 13 | | a period of up to 5 years, of its strategy and direction, | 14 | | including a framework for decision-making with respect to | 15 | | resource allocation to achieve defined goals.
| 16 | | "Voluntary consensus standards body" means an organization | 17 | | that plans, develops, establishes, or coordinates voluntary | 18 | | consensus standards using agreed-upon procedures. A voluntary | 19 | | consensus standards body has the following attributes: | 20 | | openness; balance of interest; due process; an appeals process; | 21 | | and consensus.
| 22 | | Section 10. Open operating standard. | 23 | | (a) There is hereby established an open operating standard, | 24 | | to be known as "Illinois Open Data", for the State of Illinois. | 25 | | Under this open operating standard, each agency of State |
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| 1 | | government under the jurisdiction of the Governor shall make | 2 | | available public data sets of public information. Any unit of | 3 | | local government may adopt the State standard for itself.
| 4 | | (b) To implement this Act, the Office of the Governor may, | 5 | | by rule, establish policies, standards, and guidance as | 6 | | required herein. The Illinois Administrative Procedure Act is | 7 | | hereby expressly adopted and shall apply to all rules made | 8 | | pursuant to this Act. | 9 | | Section 15. Function; protocol and compliance. | 10 | | (a) Public data sets that are made available on the | 11 | | Internet by agencies shall be accessible through a single web | 12 | | portal that is linked to data.illinois.gov or any successor | 13 | | website maintained by, or on behalf of, the State of Illinois. | 14 | | If an agency cannot make all such public data sets available on | 15 | | the single web portal, the agency shall report to the Office of | 16 | | the Governor the public data set or sets it is unable to make | 17 | | available, the reasons why it cannot do so, and the date by | 18 | | which the agency expects those data sets to be available on the | 19 | | single web portal.
| 20 | | (b) Public data sets shall be made available in accordance | 21 | | with technical standards published by the Office of the | 22 | | Governor. The technical standards shall be determined by the | 23 | | Office of the Governor, in consultation with the subject matter | 24 | | experts from all State agencies and representatives of units of | 25 | | local government, not-for-profit organizations specializing in |
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| 1 | | technology and innovation, the academic community, and other | 2 | | interested groups as designated by the Office of the Governor.
| 3 | | (1) Public data sets shall be provided in a format that | 4 | | permits public notification of all updates whenever | 5 | | possible. The Office of the Governor shall, by rule, in | 6 | | consultation with subject matter experts from interested | 7 | | State agencies, establish appropriate policies, | 8 | | procedures, and protocols for the coordinated management | 9 | | of the State's information technology resources. | 10 | | (2) Public data sets shall be updated as often as is | 11 | | necessary to preserve the integrity and usefulness of the | 12 | | data sets, to the extent that the agency regularly | 13 | | maintains or updates the public data set.
| 14 | | (3) Public data sets shall be made available without | 15 | | any registration requirement, license requirement, or | 16 | | restrictions on their use provided that the agency may | 17 | | require a third party providing to the public any public | 18 | | data set, or application utilizing such data set, to | 19 | | explicitly identify the source and version of the public | 20 | | data set and a description of any modifications made to | 21 | | such public data set. Registration requirements, license | 22 | | requirements, or restrictions as used in this Section shall | 23 | | not include measures designed or required to ensure access | 24 | | to public data sets, to protect the single website housing | 25 | | public data sets from unlawful abuse or attempts to damage | 26 | | or impair use of the website, or to analyze the types of |
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| 1 | | data being used to improve service delivery.
| 2 | | (4) Public data sets shall be accessible to external | 3 | | search capabilities.
| 4 | | (c) Within 60 days of the effective date of this Act, the | 5 | | Office of the Governor shall prepare and publish: (1) a | 6 | | technical standards manual for the publishing of public data | 7 | | sets in raw or unprocessed form through a single web portal by | 8 | | State agencies for the purpose of making public data available | 9 | | to the greatest number of users and for the greatest number of | 10 | | applications and shall, whenever practicable, use open | 11 | | standards for web publishing and e-government.
| 12 | | The manual shall identify the reasons why each technical | 13 | | standard was selected and for which types of data it is | 14 | | applicable, and may recommend or require that data be published | 15 | | in more than one technical standard. The manual shall include a | 16 | | plan to adopt or utilize a web application programming | 17 | | interface that permits application programs to request and | 18 | | receive public data sets directly from the web portal. The | 19 | | manual and related policies may be updated as necessary.
| 20 | | (d) The Office of the Governor shall consult with units of | 21 | | local government, not-for-profit organizations with a | 22 | | specialization in technology and innovation, agencies of other | 23 | | states, academic institutions, and voluntary consensus | 24 | | standards bodies, and, when such participation is feasible, in | 25 | | the public interest, and compatible with agency and | 26 | | departmental missions, authorities, and priorities, |
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| 1 | | participate with such bodies in the development of technical | 2 | | and open standards.
| 3 | | (e) Within 120 days of the effective date of this Act, each | 4 | | State agency shall submit a compliance plan, together with a | 5 | | draft long-term strategic enterprise application plan | 6 | | consistent with this Act, to the Office of the Governor and | 7 | | shall make such plan available to the public on the | 8 | | data.illinois.gov web portal. Each State agency shall | 9 | | collaborate with the Governor's Office in formulating its plan. | 10 | | The plan shall include:
| 11 | | (1) a summary description of public data sets under the | 12 | | control of each State agency on or after the effective date | 13 | | of this Act; and
| 14 | | (2) a summary explanation of how its plans, charters, | 15 | | budgets, capital expenditures, contracts, and other | 16 | | related documents and information for each information | 17 | | technology and telecommunications project it proposes to | 18 | | undertake can be utilized to support Illinois Open Data and | 19 | | related savings and efficiencies.
The plan shall | 20 | | prioritize public data sets for inclusion on the single web | 21 | | portal on or before December 31, 2014, in accordance with | 22 | | the standards provided for in subsections (b) and (c) of | 23 | | this Section.
| 24 | | (f) For purposes of prioritizing public data sets, State | 25 | | agencies shall consider whether information embodied in the | 26 | | public data set: (1) can be used to increase agency |
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| 1 | | accountability and responsiveness; (2) improves public | 2 | | knowledge of the agency and its operations; (3) furthers the | 3 | | mission of the agency; (4) creates economic opportunity; (5) is | 4 | | received via the on-line forum for inclusion of particular | 5 | | public data sets; or (6) responds to a need or demand | 6 | | identified by public consultation.
| 7 | | (g) Consistent with both the Executive Order 10 (2010) | 8 | | directive requiring State agencies to limit information | 9 | | technology expenditures by increasing the use of cloud | 10 | | computing where appropriate, and with the initiatives and | 11 | | standards announced in the United States Department of Homeland | 12 | | Security publication "Federal Cloud Computing Strategy" dated | 13 | | February 8, 2011, all State agencies are required to evaluate | 14 | | safe, secure cloud computing options, before making any new | 15 | | information technology or telecommunications investments, and, | 16 | | if feasible, adopt appropriate cloud computing solutions. Each | 17 | | State agency shall re-evaluate its technology sourcing | 18 | | strategy to include consideration and use of cloud computing | 19 | | solutions as part of the budget process.
| 20 | | Section 20. Grant information reporting. | 21 | | (a) Each grantor agency that is authorized to award grant | 22 | | funds to an entity other than the State of Illinois shall | 23 | | coordinate with the Office of the Governor to periodically | 24 | | provide for publication, at data.illinois.gov or any other | 25 | | publicly accessible website designated by the Governor's |
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| 1 | | Office, of data sets containing information regarding awards of | 2 | | grant funds that the grantor agency has made during the | 3 | | previous fiscal year. The data sets shall include, at a | 4 | | minimum, the following: | 5 | | (1) the name of the grantor agency; | 6 | | (2) the name of the grantee; | 7 | | (3) a short description of the purpose of the award of | 8 | | grant funds; | 9 | | (4) the amount of each award of grant funds; | 10 | | (5) the date of each award of grant funds; and | 11 | | (6) the duration of each award of grant funds. | 12 | | In addition, each grantor agency shall make best efforts, | 13 | | with available resources and technology, to make available in | 14 | | the data sets any other data that is relevant to its award of | 15 | | grant funds. | 16 | | (b) Data not subject to the requirements of this Section | 17 | | include, but are not limited to, data to which a State agency | 18 | | may deny access pursuant to any provision of a federal, State, | 19 | | or local law, rule, or regulation, as well as data that contain | 20 | | a significant amount of data to which a State agency may deny | 21 | | access pursuant to any provision of a federal, State, or local | 22 | | law, rule, or regulation. | 23 | | Section 25. Open data legal policies. | 24 | | (a) The Office of the Governor shall conspicuously publish | 25 | | the open data legal policies contained in subsection (c) of |
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| 1 | | this Section on the web portal.
| 2 | | (b) The Office of the Governor may establish and maintain | 3 | | an on-line forum to solicit feedback from the public and to | 4 | | encourage public discussion on open data policies and public | 5 | | data set availability on the web portal.
| 6 | | (c) Open data legal policy. The use of the public data | 7 | | provided under this Act is subject to the following:
| 8 | | (1) Public data sets made available on the web portal | 9 | | are provided for informational purposes only. The State | 10 | | does not warrant the completeness, accuracy, content, or | 11 | | fitness for any particular purpose or use of any public | 12 | | data set made available on the web portal, nor are any such | 13 | | warranties to be implied or inferred with respect to the | 14 | | public data sets furnished under this Act.
| 15 | | (2) The State is not liable for any deficiencies in the | 16 | | completeness, accuracy, content, or fitness for any | 17 | | particular purpose or use of any public data set or any | 18 | | third party application utilizing such data set.
| 19 | | (3) Nothing in this Act shall be construed to create a | 20 | | private right of action to enforce its provisions.
| 21 | | (4) All public data sets shall be entirely in the | 22 | | public domain for purposes of federal copyright law.
| 23 | | Section 30. General provisions. | 24 | | (a) To the extent that any Executive Order, Administrative | 25 | | Order, Intergovernmental or Interagency Agreement (to which |
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| 1 | | the State of Illinois or one of its executive branch agencies | 2 | | is a party), or other policy, procedure, or protocol conflicts | 3 | | with, contradicts, or is inconsistent with any provision of | 4 | | this Act, that conflicting, contradicting, or inconsistent | 5 | | Order, Agreement, policy, procedure, or protocol is hereby | 6 | | expressly revoked, repealed, and superseded.
| 7 | | (b) Nothing in this Act shall be construed to contravene | 8 | | any State or federal law or any collective bargaining | 9 | | agreement.
| 10 | | Section 35. Severability. The provisions of this Act are | 11 | | severable under Section 1.31 of the Statute on Statutes. | 12 | | Section 40. Repealer. This Act is repealed on January 21, | 13 | | 2019.
| 14 | | Section 99. Effective date. This Act takes effect upon | 15 | | becoming law, except that Section 20 takes effect on January 1, | 16 | | 2014.
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