Bill Text: IL HB0278 | 2013-2014 | 98th General Assembly | Amended

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Bill Title: Amends the State Comptroller Act. Makes a technical change in a Section concerning the short title.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2014-12-03 - Session Sine Die [HB0278 Detail]

Download: Illinois-2013-HB0278-Amended.html

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Rep. John E. Bradley

Filed: 4/4/2013

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AMENDMENT TO HOUSE BILL 278
AMENDMENT NO. ______. Amend House Bill 278 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
utilize public data collected and maintained by the State
of Illinois and the federal government;
(2) the State of Illinois is committed to being a
national leader in improving access to public data sets for
all citizens and encouraging entrepreneurs and innovators
to draw on this data for the benefit of all in the Land of
Lincoln;

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(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, which
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, will streamline intra-governmental and

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inter-governmental communication and interoperability,
will permit the public to assist in identifying efficient
solutions for government, will promote innovative
strategies for social progress, and will 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
State 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

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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

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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.
"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 pursuant to that entity's official
responsibilities, that is otherwise subject to disclosure
pursuant to the Freedom of Information Act, and that is not
prohibited from disclosure pursuant to any other contravening

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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" means an agency, board, or
commission of State government under the jurisdiction of the
Governor.
"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

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report public information.
(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

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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.
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.
Public data sets shall be updated as often as is necessary
to preserve the integrity and usefulness of the data sets, to

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the extent that the agency regularly maintains or updates the
public data set.
Public data sets shall be made available without any
registration requirement, license requirement, or restrictions
on their use, except 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.
Public data sets shall be accessible to external search
capabilities.
(c) Within 60 days after 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

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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 after 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

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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

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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 25. Open data legal policies.

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(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) 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.

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(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.
(c) Executive Order 12-03 is superseded by this Act.
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.".