LEGISLATIVE FISCAL ESTIMATE
[Second Reprint]
SENATE COMMITTEE SUBSTITUTE FOR
SENATE, No. 727
STATE OF NEW JERSEY
217th LEGISLATURE
DATED: DECEMBER 22, 2016
SUMMARY
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Synopsis: |
“New Jersey Open Data Initiative” to require certain information be provided on Internet to public and State agencies. |
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Type of Impact: |
Indeterminate expenditure increase to State government funds. |
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Agencies Affected: |
State government departments and agencies, especially the Department of the Treasury. |
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Office of Legislative Services Estimate |
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Fiscal Impact |
Year 1 |
Year 2 |
Year 3 |
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State Cost |
Indeterminate – See comments below |
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· This bill requires that certain information generated by State departments and agencies be provided on the Internet to the public and to other State departments and agencies without cost to the public.
· This bill requires the Chief Data Officer, appointed by the State’s Chief Technology Officer in consultation with the State Treasurer, to create, maintain, and update a unique, dedicated website that either provides datasets maintained and provided by agencies or searchable links to datasets hosted by agency websites.
· This bill requires each agency to either provide datasets to the Chief Data Officer, in a format determined thereby, or create and maintain on the agency’s website links to the datasets hosted by the agency, with agencies that choose to host their open datasets on their own websites to provide links to the Chief Data Officer for publication thereof on the dedicated website maintained for that purpose by that officer.
· The bill requires each agency to adopt policies that are consistent with the open data security and technical standards, policies, and practices established by the Chief Data Officer, and create an inventory of all its open data and datasets, provide explanations about the open data, its format, how often the open data and datasets are updated, provide information on how notice regarding such updates can be obtained, and assist users seeking to gain access to the open data and datasets of the agency through the deployment of online access tools, and the development and publication of application program interfaces.
· The Office of Legislative Services (OLS) notes that the requirements of the bill are an expansion of existing rules, regulations, and statutes that require that certain data concerning State government activities be open to the public and that facilitate its accessibility to the public.
· The OLS notes that enactment of the bill would generate additional costs to State government in order to create new websites, hire personnel to manage the sites and the flow of information thereon, provide training for such personnel, and acquire the necessary computer equipment and security the new system would require.
· The OLS notes that it is possible that the additional costs may be absorbable by the departments and agencies that are affected by the bill.
BILL DESCRIPTION
The Second Reprint to the Senate Committee Substitute for Senate Bill No.727 of 2016, designated as the “New Jersey Open Data Initiative,” is to require that certain information generated by State departments and agencies be provided on the Internet to the public and to other State departments and agencies.
Specifically, the bill requires the Chief Technology Officer, after consultation with the State Treasurer, to appoint a Chief Data Officer. The Chief Data Officer, in cooperation with the State Treasurer, would be responsible for creating a unique, dedicated open data website and overseeing any additional or existing open data websites maintained by an agency. The bill defines an “agency” as any of the principal departments of the Executive Branch, including the Department of the Treasury, and any division, office, board, bureau, commission, authority or entity therein or allocated thereto to comply with the provisions of Article V, Section IV, paragraph 1 of the New Jersey Constitution.
Under the bill, the Chief Data Officer would establish, in consultation with the Attorney General, procedures, standards, and best practices regarding the appropriate access and presentation of open data and datasets by each agency, which will include the development of a dataset format standard to be utilized by all agencies. In addition, the Chief Data Office will monitor and ensure compliance with the procedures, standards, and policies adopted pursuant to this bill, provide management and technical assistance as is necessary to ensure that there is ready access to the open data and datasets available to the public and agencies, and develop a methodology to review and reconcile inter-agency disputes regarding access to open data and datasets, and privacy issues.
The bill requires the Chief Data Officer, with the cooperation of the State Treasurer, to create, maintain, and update a unique, dedicated website that either provides datasets maintained and provided by agencies or searchable links to datasets hosted by agency websites. The bill also requires that the Chief Data Officer monitor agency websites to make certain they follow the policies and procedures established by the Chief Data Officer pursuant to this bill.
Each agency is to either provide datasets to the Chief Data Officer, in a format determined thereby, or create and maintain on the agency’s website links to the datasets hosted by the agency. Agencies that choose to host their open datasets on their own websites are to provide links to the Chief Data Officer for publication thereof on the dedicated website maintained for that purpose by that officer. The bill provides for the uniform treatment of all agencies, in that all of the obligations and protections applicable to an agency that chooses to maintain its own website will also apply to agencies that choose to send data to the Chief Data Officer for inclusion on the unique, dedicated open data website
The bill requires each agency to adopt policies that are consistent with the open data security and technical standards, policies, and practices established by the Chief Data Officer that govern access to open data and datasets available on the open data website of the agency. In addition, each agency must create an inventory of all its open data and datasets, provide explanations about the open data, its format, how often the open data and datasets are updated, and how notice regarding such updates can be obtained, and assist users seeking to gain access to the open data and datasets of the agency through the deployment of online access tools, and the development and publication of application program interfaces.
Each agency is to update the open data and datasets on the timetable and in the manner determined by the Chief Data Officer. Unless a fee is required by law, open datasets are to be provided to the public by an agency without cost to the public.
All open data and datasets are to be consistent with applicable law, including P.L.1963, c.73 (C.47:1A-1 et seq.), commonly known as the open public records act, and other State and federal laws related to information security and privacy. The open data and datasets made available by an agency on its open data website cannot include data that is not subject to public disclosure under such laws. Open data and datasets made available by an agency on its open data website, unless subject to a disclosed legal restriction, would be treated as license-free, subject to reuse, and not subject to copyright restrictions.
Unless specifically prohibited by a contract, open data and datasets containing data created or maintained by a contractor under contract to, or licensed from, an agency are to be made available on the open data website of the agency or another agency. Each such contract would be subject to the provisions of this bill and any applicable federal and State law, including but not limited to, P.L.1963, c.73 (C.47:1A-1 et seq.), known commonly as the open public records act.
FISCAL ANALYSIS
EXECUTIVE BRANCH
None received.
OFFICE OF LEGISLATIVE SERVICES
The OLS notes that the requirements of the bill are an expansion of existing rules, regulations, and statutes that require that certain data concerning State government activities be open to the public and that facilitate its accessibility to the public. Because the bill requires additional information to be made available, its enactment would require each State government department, especially the Department of the Treasury, to undertake certain administrative actions.
To create a unique, dedicated open data website and to oversee any additional or existing open data websites maintained by a State agency, the Department of the Treasury would be required to: 1) set up systems and standards with respect to the website or websites, if not already existent; 2) hire additional personnel, both supervisory and staff, to create, maintain and update regularly the website or websites; 3) provide initial and continuing training for such personnel; 4) possibly purchase or otherwise secure additional computer equipment or digital memory to accommodate the additional information required to be made available; and 4) possibly provide additional cybersecurity to protect such information from malicious infiltration, manipulation, or denial to those seeking to access the information.
In additional, each individual department and agency in State government that is required under the bill to provide datasets to the Chief Data Officer may also need to fulfill most of these same requirements. The Chief Data Officer may also need additional resources to implement the requirements established by the bill.
The OLS notes that it is difficult to estimate the cost for implementing the bill and fulfilling its requirements. Although current law does provide for fees to be collected for providing certain information, the bill requires that data is to be provided to the public by an agency without cost to the public. Consequently, there may be a decrease in State revenues. Still, it is possible that the additional costs associated with creating new websites, hiring personnel to manage them, providing training for such personnel, and securing the necessary computer equipment and security that are associated with this bill may be absorbable using existing resources by the departments and agencies that are affected by the bill.
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Section: |
State Government |
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Analyst: |
Principal Research Analyst |
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Approved: |
Frank W. Haines III Legislative Budget and Finance Officer |
This legislative fiscal estimate has been produced by the Office of Legislative Services due to the failure of the Executive Branch to respond to our request for a fiscal note.
This fiscal estimate has been prepared pursuant to P.L.1980, c.67 (C.52:13B-6 et seq.).