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Public Act 098-0627


 

Public Act 0627 98TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 098-0627
 
HB1040 EnrolledLRB098 03825 HLH 33841 b

    AN ACT concerning State government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 1. Short title. This Act may be cited as the Open
Operating Standards Act.
 
    Section 5. 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;
        (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
and any funds disbursed by the State Comptroller pursuant to an
appropriation made by the General Assembly to a named entity or
person. 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 enterprise application plan" means a
comprehensive program developed by a State agency,
articulating both principles and goals related to the
application of its services and programs to the current and
future needs of enterprise in Illinois.
    "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 10. Open operating standard.
    (a) There is hereby established 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.
    (b) To implement this Act, the Office of the Governor may,
by rule, establish policies, standards, and guidance as
required herein. The Illinois Administrative Procedure Act is
hereby expressly adopted and shall apply to all rules made
pursuant to this Act.
 
    Section 15. Function; protocol and compliance.
    (a) Public data sets that are made available on the
Internet by agencies 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 Office of
the Governor 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 Office of the
Governor. The technical standards shall be determined by the
Office of the Governor, in consultation with the 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 Office of the Governor.
        (1) Public data sets shall be provided in a format that
    permits public notification of all updates whenever
    possible. The Office of the Governor shall, by rule, in
    consultation with subject matter experts from interested
    State agencies, establish appropriate policies,
    procedures, and protocols for the coordinated management
    of the State's information technology resources.
        (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
Office of the Governor 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.
    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 Office of the Governor 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 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) 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 20. 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 Office of the Governor to periodically
provide for publication, at data.illinois.gov or any other
publicly accessible website designated by the Governor's
Office, 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.
 
    Section 25. Open data legal policies.
    (a) The Office of the Governor shall conspicuously publish
the open data legal policies contained in subsection (c) of
this Section on the web portal.
    (b) The Office of the Governor 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 40. Repealer. This Act is repealed on January 21,
2019.
 
    Section 99. Effective date. This Act takes effect upon
becoming law, except that Section 20 takes effect on January 1,
2014.

Effective Date: 3/7/2014