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Open Data Legislation

Open Government Data Legislation

6/2/2014

Open data legislation aims to make nonconfidential government data available for public use in a format that is easily accessible. Open data formats allow government information to be combined, analyzed or presented in new ways by citizens and businesses.

Several states have enacted legislation that provides for government data sets or machine-readable data to be provided on state websites and have established policies and standards to promote the publishing of government data in open formats. Legislation enacted since 2010 is highlighted in bold below. 

See also NCSL's Statewide Transparency Websites and Legislation.

PLEASE NOTE: NCSL serves state legislators and their staff. This site provides general comparative information only and should not be relied upon or construed as legal advice. Please check individual legislative websites for the most current status, summaries and versions of bill text.

2014 Legislation*

Summary: Legislation introduced in at least 13 states as of April 1, 2014. Legislation enacted in Illinois, Maryland and Utah.

ALASKA
H.B. 337
STATUS: Feb. 24, 2014; Referred to House Committee on State Affairs.
Relates to the establishment of a central Internet website for public access to the public records of state agencies and municipalities.

CALIFORNIA
A.B. 292
STATUS: Feb. 3, 2014; From Committee: Filed with the chief clerk pursuant to JR 56.
Provides that the full text of the Code of Regulations shall bear an open access creative commons attribution license, allowing any individual, at no cost, to use, distribute, and create derivative works based on the material for either commercial or noncommercial purposes.

ILLINOIS
H.B. 1040
STATUS: March 7, 2014; Signed by governor. Act 627
Creates the Open Operating Standard Act. Provides for the establishment of an open operating standard, to be known as Illinois Open Data, for the state. Provides that each agency of state government under the jurisdiction of the governor shall make available, via a single state web portal, public data sets of public information.

MARYLAND
H.B. 1260
STATUS: May 15, 2014; Vetoed by Governor - duplicative.
Relates to state government. Relates to open data policy. Relates to council on open data. Relates to website. Relates to local government.

S.B. 644
STATUS: April 8, 2014; Signed by Governor, Chapter 69.
Establishes a state policy that open data be machine readable and released to the public in specified ways. Establishes a Council on Open Data. Provides for the composition, appointment, terms, chairs, and staffing of the council. Requires the council to promote the policy on open data by providing specified guidance and policy recommendations, coordinating specified staff, identifying specified costs and funding mechanisms and advising the governor and General Assembly on specified budget matters.

MINNESOTA
H.B. 2611
STATUS: March 3, 2014; To House Committee on State Government Finance & Veterans Affairs.
Relates to state government; appropriates money for a grant for open government, civic technology, and open data.

S.B. 2238
STATUS: March 3, 2014; To Senate Committee on Judiciary.
Relates to state government; appropriates money for a grant for open government, civic technology, and open data.

NEBRASKA
L.B. 919
STATUS: Jan. 16, 2014; To Legislative Committee on Government, Military and Veterans Affairs.
Creates the Open Data Advisory Board.

NEW JERSEY
A.B. 2071
STATUS: Jan. 16, 2014; To Assembly Committee on State and Local Government.
Relates to the New Jersey Open Data Initiative. Requires certain information be made available on Internet by state departments and agencies.

NEW YORK
A.B. 4364
STATUS: Jan. 8, 2014; To Assembly Committee on Governmental Operations.
Authorizes and directs the committee on open government to study proactive disclosure as a means of increasing transparency and access to government information.

A.B. 8197
STATUS: Jan. 8, 2014; To Assembly Committee on Governmental Operations.
Establishes the open data law requiring the office of information technology services to establish an open data website and requiring covered state entities to publish certain data on such website. Relates to negotiating positions, future procurements or pending or reasonably anticipated legal or administrative proceedings. Includes materials subject to copyright, patent, trademark, confidentiality agreements or trade secret protection. Includes employment records.

S.B. 236
STATUS: Jan. 8, 2014; To Senate Committee on Investigations and Government Operations.
Authorizes and directs the committee on open government to study proactive disclosure as a means of increasing transparency and access to government information.

OHIO
H.B. 321
STATUS: May 28, 2014; From House Committee on State and Local Government: Recommended as substituted.
Creates the DataOhio Board. Specifies requirements for posting public records online. Relates to medical records and school district information; provides exceptions. Requires an open format.

OKLAHOMA
H.B. 1888
STATUS: Feb. 11, 2013; From House Committee on Government Modernization.
Relates to public finance. Establishes the Oklahoma State Government Open Records One-Stop Initiative. Imposes duties on the chief information officer. Provides for delivery of certain documents. Requires electronic delivery. Requires certain documents be made available to the public. Provides for statutory construction. Provides for codification. Provides an effective date.

S.B. 242
STATUS: Feb. 5, 2013, To Senate Committee on Rules.
Relates to state government documents. Relates to the Oklahoma State Government Open Documents Initiative. Clarifies language. Provides an effective date.

VIRGINIA
H.B. 916
STATUS: Feb. 10, 2014; In House Committee on Science and Technology.
Relates to access to records. Requires the Information Technology Advisory Council (ITAC), with input from the Health Information Technology Standards Advisory Committee, to adopt standards that allow consumers to have safe, secure, machine-readable access to their data held by a government agency, including health claims data held by the Department of Medical Assistance Services, Standards-of-Learning data held by the Department of Education, and tax records held by the Department of Taxation.

UTAH
S.B. 70
STATUS: March 27, 2014 Signed by governor.
Directs the Department of Administrative Services to modify the public information website to include links to already existing public information, provide multiple download options, including nonproprietary, open formats where possible, and other provisions.

WASHINGTON
H.B. 2202
STATUS: Feb. 10, 2014; From House Committee on Appropriations: Do pass as substituted.
Concerns the establishment of an open data policy to facilitate sharing and publication of government data.

2013 Legislation*

Summary: Legislation introduced in at least nine states in 2013. Legislation enacted in Hawaii, Illinois, New Hampshire and Texas.

CALIFORNIA
S.C.R. 10
STATUS: Aug. 5, 2013; To Assembly Committee on Rules.
Proclaims Feb. 23, 2013 as Open-Data Day in the state. Defines Open Data as referring to information generated by public sector entities that is legally accessible and made available to the public electronically.

HAWAII
H.B. 632
STATUS: July 3, 2013, Signed by governor, Act No. 2013-263
Requires executive departments, boards, commissions, and agencies to make data available to the public. Absolves the state for liability for deficiencies or incomplete data. Requires the chief information officer to enact rules to address making electronic data sets available to the public. Provides for confidentiality of proprietary data.

S.B. 448
STATUS: March 7, 2013, Failed First Crossover Deadline - First Year of Biennium.
Requires executive departments, boards, commissions, and agencies to make data available to the public. Absolves state for liability for deficiencies or incomplete data. Requires the chief information officer to enact rules to address making data sets available to the public.

ILLINOIS
H.B. 1040
STATUS: May 31, 2013, In House. Placed on Calendar Order of Concurrence-Amendment No. 3.
Creates the Open Operating Standard Act. Provides for the establishment of an open operating standard, to be known as Illinois Open Data, for the state. Provides that each agency of state government under the jurisdiction of the governor shall make available, via a single state web portal, public data sets of public information.

S.B. 1670
STATUS: August 8, 2013; Public Act No. 283
Provides that the Department of Central Management Services shall distribute a spreadsheet or otherwise make data entry available to each state agency to facilitate the collection of data on workforce characteristics, compensation and employee mobility. Provides that the department shall determine the data to be collected by each agency. Provides that the department shall publish the data on the Transparency and Accountability Portal or another open data site annually.

NEBRASKA
L.R. 223
STATUS: May. 28, 2013; To Legislative Committee on Government, Military & Veterans Affairs.
Relates to an interim study to examine issues surrounding open data policies.

NEW HAMPSHIRE
H.B. 155
STATUS: June 27, 2013, Signed by governor, Chapter No. 2013-0118
Revises standards encouraging the use of open source software and open data formats by state agencies. Includes the Department of Information Technology in the Uniform Electronic Transactions Act. Repeals the Information Practices Act. Provides for the right to modify software. Relates to electronic records.

NEW YORK
A.B. 4364
STATUS: Feb. 4, 2013, Introduced.
Authorizes and directs the committee on open government to study proactive disclosure as a means of increasing transparency and access to government information.

S.B. 236
STATUS: Jan. 9, 2013, To Senate Committee on Investigations and Government Operations.
Authorizes and directs the committee on open government to study proactive disclosure as a means of increasing transparency and access to government information.

OHIO
H.B. 321
STATUS: Oct. 30, 2013; To House Committee on State and Local Government.
Creates the DataOhio Board. Specifies requirements for posting public records online. Relates to medical records and school district information. Provides exceptions. Requires an open format.

OKLAHOMA
H.B. 321
STATUS: Feb. 11, 2013; From House Committee on Government Modernization.
Relates to public finance. Establishes the Oklahoma State Government Open Records One-Stop Initiative. Imposes duties on the chief information officer. Provides for delivery of certain documents. Requires electronic delivery. Requires certain documents be made available to the public. Provides for statutory construction. Provides for codification. Provides an effective date.

S.B. 242
STATUS: Feb. 5, 2013, To Senate Committee on Rules.
Relates to state government documents. Relates to the Oklahoma State Government Open Documents Initiative. Clarifies language. Provides an effective date.

TEXAS
S.B. 279
STATUS: July 8, 2013, Filed with secretary of State. Chapter No. 740
Relates to certain information about high-value data sets provided by state agencies to the Department of Information Resources. Provides that a state agency that posts a high-value data set on the Internet website maintained by or for the agency shall provide the department with a brief description of the data set and a link to the data set.

2012 Legislation*


Summary: Legislation introduced in at least two states in 2012. Legislation enacted in New Hampshire.

NEW HAMPSHIRE
H.B. 310
STATUS:  Jan. 4, 2012; Failed to pass House.
Relates to the use of open data formats and the adoption of a statewide policy regarding open government data standards.

H.B. 418
STATUS:  March 12, 2012; Chapter No. 2012-5
Requires state agencies to consider open source software and open data formats when acquiring new software. Relates to adoption of a statewide information policy regarding open government data standards.

NEW YORK
A.B. 2251
STATUS:  May 22, 2012; Amended in Assembly Committee on Governmental Operations.
Authorizes and directs the committee on open government to study proactive disclosure as a means of increasing transparency and access to government information.

S.B. 88
STATUS:  May 31, 2012; From Senate Committee on Investigations and Government Operations.
Authorizes and directs the Committee on Open Government to study proactive disclosure as a means of increasing transparency and access to government information.

2011 Legislation*


Summary: Legislation introduced in at least two states in 2011. Legislation enacted in Maryland.

MARYLAND
H.B. 766
STATUS:  May 19, 2011; Chapter No. 509
Establishes the Joint Committee on Transparency and Open Government; specifies the membership, chairs, and staff of the Committee. Specifies the purposes of the committee. Requires the committee to make specified recommendations, review specified laws, programs, services, and policies, consult with specified state entities, and perform specified other duties. Provides that a public body need not prepare written minutes of an open meeting.

S.B. 644
STATUS:  May 19, 2011; Chapter No. 508
Establishes the Joint Committee on Transparency and Open Government. Specifies the membership, chairs, and staff of the committee. Specifies the purposes of the committee. Requires the committee to make specified recommendations, review specified laws, programs, services and policies, consult with specified state entities, and perform specified other duties. Requires the committee to submit a specified report to the General Assembly on or before a specified date each year.

TEXAS
S.B. 1652
STATUS:  May 16, 2011; To House Committee on State Affairs.
Relates to the implementation of new technology and new processes for the purposes of budget transparency, fiscal responsibility, and open government; imposes public hearing and reporting requirements on budget reduction requests.

2010 Legislation*

Summary: Legislation introduced/filed in at least two states in 2010.

CALIFORNIA
S.B. 1436
STATUS:  March 11, 2010; To Senate Committee on Rules.
Requires the state chief information officer to make recommendations to the Legislature by an unspecified date for an open government directive and take actions with regard to information technology consistent with ideas of government transparency and public participation and collaboration in government.

IOWA
D. 1341
STATUS:  Dec. 1, 2010; Filed.
Relates to the Open Government Advisory Committee.

*Note: Covers only open data/open source legislation and not FOIA or open records/public records or meetings legislation or legislation related to transparency websites. 

 
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