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.