Connecticut Seal

General Assembly

 

Raised Bill No. 5517

February Session, 2018

 

LCO No. 2276

 

*02276_______GAE*

Referred to Committee on GOVERNMENT ADMINISTRATION AND ELECTIONS

 

Introduced by:

 

(GAE)

 

AN ACT CONCERNING EXECUTIVE BRANCH DATA MANAGEMENT AND PROCESSES.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) (Effective from passage) As used in this section and sections 2 and 3 of this act:

(1) "Data" means final versions of statistical or factual information that: (A) Is reflected in a list, table, graph, chart or other non-narrative form that can be digitally or nondigitally transmitted or processed; (B) is regularly created or maintained by, or on behalf of, an executive branch agency; and (C) records a measurement, transaction or determination related to the mission of the agency or is provided to the agency by third parties pursuant to law.

(2) "Executive branch agency" includes any agency listed in section 4-38c of the general statutes, except the Board of Regents for Higher Education.

(3) "High value data" means any data that (A) is critical to the operation of an executive branch agency; (B) can increase executive branch agency accountability and responsiveness; (C) can improve public knowledge of the executive branch agency and its operations; (D) can further the core mission of the executive branch agency; (E) can create economic opportunity; (F) is frequently requested by the public; (G) responds to a need and demand as identified by the agency through public consultation; or (H) is used to satisfy any legislative or other reporting requirements.

(4) "Open data" means any data that (A) is freely available in convenient and modifiable format and can be retrieved, downloaded, indexed and searched; (B) is formatted in a manner that allows for automated machine processing; (C) does not have restrictions governing use; (D) is published in primary forms, with the finest possible level of detail that is practicable and permitted by law; and (E) is described in enough detail so that consumers of the data have sufficient information to understand the strengths, weaknesses, analytical limitations and security requirements, and how to process such data.

(5) "Public data" means any data that is collected by an executive branch agency that is permitted to be made available to the public, consistent with any and all applicable laws, rules, regulations, ordinances, resolutions, policies or other restrictions, requirements or rights associated with the data, including, but not limited to, contractual or other legal orders, restrictions or requirements.

(6) "Protected data" means any data the public disclosure of which would (A) violate federal or state laws or regulations; (B) endanger the public health, safety or welfare; (C) hinder the operation of government, including criminal and civil investigations; or (D) impose an undue financial, operational or administrative burden on the executive branch agency.

Sec. 2. (NEW) (Effective from passage) (a) The Secretary of the Office of Policy and Management shall designate an existing employee of the Office of Policy and Management to serve as Chief Data Officer, who shall report directly to the secretary. The Chief Data Officer, in consultation with the Connecticut Data Analysis Technology Advisory Board, established in section 3 of this act, and in accordance with the state data plan created pursuant to subsection (c) of this section, shall be responsible for (1) directing executive branch agencies on the use and management of data to enhance the efficiency and effectiveness of state programs and policies, (2) facilitating the sharing and use of executive branch agency data (A) between executive branch agencies, and (B) with the public, (3) coordinating data analytics and transparency master planning for executive branch agencies, and (4) formulating of the state data plan in accordance with subsection (c) of this section.

(b) Each executive branch agency shall designate an employee of the agency to serve as the agency data officer, who shall be responsible for implementing the provisions of this section under the supervision of the Chief Data Officer and the executive branch agency head, and who shall serve as the main contact person for inquiries, requests or concerns regarding access to the data of such agency, unless the Chief Data Officer designates another person for such task. The agency data officer, in consultation with the Chief Data Officer and the executive agency head, shall establish procedures to ensure that requests for data that the agency receives are complied with in an appropriate and prompt manner. Each agency data officer shall also advise the agency head on how data collected by the agency could be useful to the agency, recommend additional data to be collected and implement improvements in data management procedures, in accordance with the state data plan.

(c) Not later than December 31, 2018, and every two years thereafter, the Chief Data Officer, in consultation with the agency data officers, executive branch agency heads and Connecticut Data Analysis Technology Advisory Board, shall create a state data plan. The state data plan shall (1) establish uniform management and data analysis standards across all executive branch agencies, including particular standards for individual agencies, (2) include specific, achievable goals within the two years following adoption of such plan, as well as longer term goals, (3) make recommendations to achieve more standardization and cross-compatibility of data systems and data management practices across all executive branch agencies, (4) provide a timeline for a review of any state or federal legal concerns or other obstacles to the internal sharing of data among agencies, including security and privacy concerns, (5) set goals for improving the online repository established pursuant to subsection (h) of this section, and (6) detail the agency's plan to publish, as open data, any public data that each executive branch agency has identified and any protected data that can be made public through aggregation, de-identification or other means sufficient to satisfy applicable state or federal law or regulation. Each state data plan shall provide for a procedure and timeline for each agency head, in consultation with the agency data officer, to report in writing to the Chief Data Officer regarding the agency's progress toward achieving the plan's goals. Such plan may make recommendations concerning data management for the legislative or judicial branch agencies, but such recommendations shall not be binding on such agencies.

(d) The Chief Data Officer shall submit a preliminary draft of such plan to the Connecticut Data Analysis Technology Advisory Board not later than November 1, 2018, and every two years thereafter. Said board shall hold a public hearing on such draft and shall submit any suggested revisions to the Chief Data Officer after such hearing.

(e) After the public hearing and if applicable, receiving any recommended revisions from the board, the Chief Data Officer shall finalize such plan and submit the final plan to the board for their approval. The plan shall be deemed approved if the board does not meet to approve or disapprove such plan within thirty days after receiving such plan. The board may disapprove such plan by a majority vote of the board's total membership. If the draft is disapproved, the board shall notify the Chief Data Officer and advise him or her of the reasons for such disapproval. The Chief Data Officer shall revise and resubmit such plan not later than thirty days after such disapproval. If such plan is again disapproved, the process set forth in this subsection shall repeat until the plan is approved by the board.

(f) The Chief Data Officer shall send a copy of the approved state data plan to all agency data officers and shall post such plan on the Internet web site of the Office of Policy and Management. Notwithstanding any provision of the general statutes, such state data plan shall govern the information technology-related actions and initiatives of all executive branch state agencies, including, but not limited to, the acquisition of hardware and software and the development of software.

(g) On or before December 31, 2018, and not less than annually thereafter, each executive branch agency shall conduct an inventory of any high value data that is collected or possessed by the agency. Such inventory shall be in a form prescribed by the Chief Data Officer. In conducting such inventory, data shall be presumed to be public data unless otherwise classified by federal or state law or regulation. On or before December 31, 2018, and not less than annually thereafter, each executive branch agency shall submit such inventory to the Chief Data Officer and the Connecticut Data Analysis Technology Advisory Board.

(h) The Office of Policy and Management, in consultation with the Connecticut Data Analysis Technology Advisory Board, shall operate and maintain an online repository for the publication of open data by executive branch agencies.

(i) Any state agency that is not an executive branch agency and any municipality may voluntarily opt to comply with the provisions of this section and, upon submission of written notice of the agency's or municipality's decision to the Office of Policy and Management, the provisions of this section shall apply to such agency or municipality. The Office of Policy and Management shall create and maintain a list of all agencies subject to the provisions of this section, including those agencies and municipalities that have voluntarily opted to comply, and shall publish such list on the office's Internet web site.

Sec. 3. (NEW) (Effective from passage) (a) There is established the Connecticut Data Analysis Technology Advisory Board, which shall be part of the Legislative Department.

(b) The board shall consist of the following members: (1) Two appointed by the speaker of the House of Representatives; (2) two appointed by the president pro tempore of the Senate; (3) two appointed by the minority leader of the House of Representatives; and (4) two appointed by the minority leader of the Senate. All appointed members shall have professional experience or academic qualifications in data analysis, data management, data policy or related fields and may not be a member of the General Assembly. Additional nonvoting members shall include the following officials, or their designees: the Commissioner of Administrative Services, the executive director of the Freedom of Information Commission, the Chief Court Administrator, the Attorney General, the State Librarian, the Treasurer and the Comptroller. The Chief Data Officer shall serve as the nonvoting chairperson of the board.

(c) All initial appointments to the board shall be made not later than July 1, 2018, and shall terminate on June 30, 2019, and June 30, 2020, regardless of when the initial appointment was made. Any member of the board may serve more than one term. The chairperson shall schedule the first meeting of the board, which shall be held not later than August 1, 2018. All nonvoting members of the board shall attend such initial meeting.

(d) The administrative staff of the joint standing committee of the General Assembly having cognizance of matters relating to government administration shall serve as administrative staff of the board, with assistance as needed provided by employees of the Offices of Legislative Research and Fiscal Analysis.

(e) Appointed members of the board shall serve for two-year terms which shall commence on the date of appointment, except as provided in subsection (d) of this section, and members first appointed shall have the following terms: (1) One of the members each appointed by the speaker of the House of Representatives, the president pro tempore of the Senate, the minority leader of the Senate and the minority leader of the House of Representatives shall initially serve a term of one year, and (2) one of the members each appointed by the speaker of the House of Representatives, the president pro tempore of the Senate, the minority leader of the Senate and the minority leader of the House of Representatives shall initially serve a term of two years. Members shall continue to serve until their successors are appointed.

(f) Any vacancy shall be filled by the appointing authority. Any vacancy occurring other than by expiration of term shall be filled for the balance of the unexpired term.

(g) Five voting members of the board shall constitute a quorum for the transaction of any business. The members of the board shall serve without compensation, except the Joint Committee on Legislative Management may reimburse the members for reasonable expenses.

(h) The board shall have the following powers and duties: (1) To advise the Chief Data Officer, the legislative and judicial branches of government and municipalities concerning data policy, including, but not limited to, best practices in the public, private and academic sectors for data analysis, management, storage, security, privacy and visualization; (2) to issue an annual report in accordance with subsection (j) of this section; (3) upon the request of at least two members of the board, to request any agency data officer or agency head to appear before the board to answer questions; (4) to obtain from any executive department, board, commission or other agency of the state such assistance and data as necessary and available to carry out the purposes of this section; (5) to establish bylaws to govern its procedures; and (6) to perform such other acts as may be necessary and appropriate to carry out the duties described in this section.

(i) The Chief Data Officer and the chairperson of the Freedom of Information Commission shall submit a summary at least twice annually of requests for public data received and the fulfillment status of such requests to the board, in a format prescribed by the board. The board may, by majority vote, recommend the Chief Data Officer or executive branch agency to reprioritize certain open data requests. By unanimous vote of the board, the board may require the Chief Data Officer to fulfill a data request within sixty days of such vote. The Attorney General may overrule such vote within such sixty-day period on the grounds that such fulfillment would violate state or federal law.

(j) Not later than January 1, 2019, and annually thereafter, the board shall submit a report, in accordance with the provisions of section 11-4a of the general statutes, to the joint standing committees of the General Assembly having cognizance of matters relating to government administration, appropriations and the budgets of state agencies and the judiciary. Such report shall include the board's recommendations for the legislative, judicial and executive branches and the Chief Data Officer regarding data practices in all agencies, the sharing of data and compatibility of data systems across the three branches of government, improvements to the formatting and accessibility of all public open datasets and any other matter the board has recommendations concerning, including legislation necessary to implement such recommendations.

(k) The board shall meet at least twice a year and may meet at such other times as deemed necessary by the chairperson or a majority of the members of the board.

Sec. 4. Section 4-68z of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):

The Office of Policy and Management, within available appropriations, shall [enter into an agreement for consultant services to apply LEAN practices and principles to the permitting and enforcement processes of the Departments of Energy and Environmental Protection, Economic and Community Development, Administrative Services and Transportation that are most frequently utilized by business entities. Such agreement shall also require the consultant to apply LEAN practices and principles to the licensure procedures for commercial bus drivers that are currently performed by the Departments of Consumer Protection, Emergency Services and Public Protection, and Children and Families. Such consultant shall develop recommendations for the implementation of a prepermitting system for commercial bus drivers that enables businesses to utilize commercial bus drivers who await the applicable licensing authority's performance of a criminal background check] establish and oversee a state-wide process improvement initiative, to assist executive branch state agencies with business process analysis for purposes of (1) streamlining processes, (2) optimizing service delivery through information technology, (3) eliminating unnecessary work, (4) establishing standardized work flows, and (5) prioritizing available resources to promote economic growth, improve services and increase workforce productivity. On and after the date the state data plan is adopted pursuant to section 2 of this act, such initiative shall be implemented in accordance with such state data plan. The Secretary of the Office of Policy and Management shall establish a steering committee to support such initiative. The secretary, or the secretary's designee, shall be the chairperson of such committee.

Sec. 5. (NEW) (Effective from passage) (a) As used in this section:

(1) "Digital parcel file" means a computer file or files containing a graphic vector representation of the boundary information originally depicted and maintained on a town assessor's maps, including, but not limited to, fee ownership, public and private rights of way, and easements, that are typically created in and maintained using a geographic information system or computer aided design software;

(2) "Assessor database" means the database of property assessment information maintained by the town assessor; it is also referred to as the tax list, property list, Computer Aided Mass Appraisal system, or Computer Aided Mass Appraisal database; and

(3) "Property" means a record in an assessor database.

(b) On or before May 1, 2019, and not less than annually thereafter, each town which possesses or contracts for services for the creation or maintenance of a digital parcel file shall transmit such file to the regional council of governments of which it is a member. If a town is not a member of a council of governments, such file shall be transmitted to the Secretary of the Office of Policy and Management. The digital parcel file shall include, but need not be limited to, (1) any information from the assessor database that (A) uniquely identifies each property in the digital parcel file, (B) identifies the size of each property, (C) identifies the address of each property, (D) identifies the value of the land, buildings and other improvements for each property, and (E) identifies the year in which buildings were constructed for each property; and (2) any other information deemed necessary by the applicable regional council of governments.

(c) On or before July 1, 2019, and annually thereafter, each regional council of governments shall submit a report to the Secretary of the Office of Policy and Management and, in accordance with the provisions of section 11-4a of the general statutes, to the joint standing committee of the General Assembly having cognizance of matters relating to planning and development, that lists each town that (1) has failed to provide its digital parcel file, and (2) does not possess a digital parcel file.

Sec. 6. Section 4-60s of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):

(a) Each state agency of the Executive Department shall explore the feasibility of converting all applications and forms used by the public to electronic format and create an inventory of all forms used by such agency.

(b) Notwithstanding the provisions of chapter 54, an agency, as defined in section 4-166, may suspend any requirements for paper filing or service of documents requirements contained in any regulation adopted by such agency pursuant to subdivision (1) of subsection (a) of section 4-167 and may establish an electronic filing system for formal and informal agency proceedings. Such agency, before establishing such a system, shall give at least thirty days' notice by posting on its Internet web site and publishing in the Connecticut Law Journal a notice of its intended action and the instructions for the use of such system. Any agency establishing such a system shall grant a request from a person, as defined in section 4-166, for an exemption from any electronic filing requirements due to a hardship communicated in writing to the agency, including, but not limited to, a lack of access to a device capable of electronic filing or the incompatibility of a specific filing with the electronic filing system.

(c) Notwithstanding the provisions of chapter 54, an agency, as defined in section 4-166, may suspend any requirement established in any regulation adopted by such agency for the paper or facsimile submission of documents or data required to be submitted to such agency by federal or state statute, regulation, or license, as defined in section 4-166, and require electronic filing of such documents or data or any other information required to be submitted to such agency in writing, in a manner prescribed by the agency. Prior to the establishment of such electronic filing requirements, the agency shall provide at least thirty days' notice on its Internet web site and in the Connecticut Law Journal and include with the notice the agency's instructions for electronic filing. Such instructions shall be maintained on the agency's Internet web site as long as the agency requires electronic filing of such documents and data.

This act shall take effect as follows and shall amend the following sections:

Section 1

from passage

New section

Sec. 2

from passage

New section

Sec. 3

from passage

New section

Sec. 4

July 1, 2018

4-68z

Sec. 5

from passage

New section

Sec. 6

July 1, 2018

4-60s

Statement of Purpose:

To increase access to data by executive branch agencies by codifying the provisions of Executive Order 39, to create a Connecticut Board of Data Analysis Technology Advisory Board, to require the Office of Policy and Management to establish and oversee a state-wide process improvement initiative, to require towns to transmit certain property assessment information to their regional council of governments or the Office of Policy and Management and to permit state agencies to suspend regulatory requirements for paper or facsimile submission of documents or data.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]