Public Act 102-0376
 
SB2175 EnrolledLRB102 17134 RJF 22565 b


  
    AN ACT concerning State government.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Department of Innovation and Technology Act 
is amended  by changing Sections 1-5, 1-10, 1-15, 1-35, and 
1-40 and  by adding Section 1-3 as follows:
 
    (20 ILCS 1370/1-3 new)
    Sec. 1-3. Purpose. The Department of Innovation and 
Technology was created by Executive Order 2016-001. This Act 
is the implementation of that Executive Order, together with 
additional provisions to ensure that the Department is able to 
function as intended under that Executive Order. The intent of 
this Act is to ensure that the Department is able to fulfill 
its duties and purpose under that Executive Order. If there is 
a conflict between the provisions of the Executive Order and 
this Act, this Act shall be controlling.
 

    (20 ILCS 1370/1-5)

 

    Sec. 1-5. Definitions. In this Act:
    "Bureau of Communications and Computer Services" means the 
Bureau of Communications and Computer Services, also known as 
the Bureau of Information and Communication Services, created 
by rule (2 Illinois Administrative Code 750.40) within the 
Department of Central Management Services.
    "Client agency" means each transferring agency, or its 
successor, and . When applicable, "client agency" may also 
include any other public agency to which the Department 
provides service to the extent specified in an interagency 
agreement contract with the public agency.
    "Dedicated unit" means the dedicated bureau, division, 
office, or other unit within a transferring agency that is 
responsible for the information technology functions of the 
transferring agency.  For the Office of the Governor, 
"dedicated unit" means the Information Technology Office, also 
known as the Office of the Chief Information Officer.  For the 
Department of Central Management Services, "dedicated unit" 
means the Bureau of Communications and Computer Services, also 
known as the Bureau of Information and Communication Services.
    "Department" means the Department of Innovation and 
Technology.
    "Information technology" means technology, 
infrastructure, equipment, systems, software, networks, and 
processes used to create, send, receive, and store electronic 
or digital information, including, without limitation, 
computer systems and telecommunication services and systems. 
"Information technology" shall be construed broadly to 
incorporate future technologies (such as sensors and balanced 
private hybrid or public cloud posture tailored to the mission 
of the agency) that change or supplant those in effect as of 
the effective date of this Act.
    "Information technology functions" means the development, 
procurement, installation, retention, maintenance, operation, 
possession, storage, and related functions of all information 
technology.
    "Information Technology Office" means the Information 
Technology Office, also known as the Office of the Chief 
Information Officer, within the Office of the Governor, 
created by Executive Order 1999-05, or its successor.
    "Legacy information technology division" means any 
division, bureau, or other unit of a transferring agency which 
has responsibility for information technology functions for 
the agency prior to the transfer of those functions to the 
Department, including, without limitation, the Bureau of 
Communications and Computer Services.
    "Secretary" means the Secretary of Innovation and 
Technology.
    "State agency" means each State agency, department, board, 
and commission under the jurisdiction of directly responsible 
to the Governor.
    "Transferring agency" means the Department on Aging; the 
Departments of Agriculture, Central Management Services, 
Children and Family Services, Commerce and Economic 
Opportunity, Corrections, Employment Security, Financial and 
Professional Regulation, Healthcare and Family Services, Human 
Rights, Human Services, Insurance, Juvenile Justice, Labor, 
Lottery, Military Affairs, Natural Resources, Public Health, 
Revenue, State Police, Transportation, and Veterans' Affairs; 
the Capital Development Board; the Deaf and Hard of Hearing 
Commission; the Environmental Protection Agency; the 
Governor's Office of Management and Budget; the Guardianship 
and Advocacy Commission; the Abraham Lincoln Presidential 
Library and Museum Historic Preservation Agency; the Illinois 
Arts Council; the Illinois Council on Developmental 
Disabilities; the Illinois Emergency Management Agency; the 
Illinois Gaming Board; the Illinois Health Information 
Exchange Authority; the Illinois Liquor Control Commission; 
the Illinois Technology Office; the Office of the State Fire 
Marshal; and the Prisoner Review Board. "Transferring agency" 
does not include a State constitutional office, the Office of 
the Executive Inspector General, or any office of the 
legislative or judicial branches of State government. 

(Source: P.A. 100-611, eff. 7-20-18; 100-1169, eff. 1-4-19.)
 
    (20 ILCS 1370/1-10)

    Sec. 1-10. Transfer of functions. On and after March 25, 
2016 (the effective date of Executive Order 2016-001):
    (a) (Blank). For each transferring agency, the dedicated 
unit or units within that agency responsible for information 
technology functions together with those information 
technology functions outside of the dedicated unit or units 
within a transferring agency to which this Act applies shall 
be designated by the Governor.
    (b) (Blank). All powers, duties, rights, and 
responsibilities of those dedicated units and information 
technology functions designated by the Governor are 
transferred to the Department of Innovation and Technology.
    (c) The personnel of each transferring agency designated 
by the Governor are transferred to the Department of 
Innovation and Technology. The status and rights of the 
employees and the State of Illinois or its transferring 
agencies under the Personnel Code, the Illinois Public Labor 
Relations Act, and applicable collective bargaining agreements 
or under any pension, retirement, or annuity plan shall not be 
affected by this Act. Under the direction of the Governor, the 
Secretary, in consultation with the transferring agencies and 
labor organizations representing the affected employees, shall 
identify each position and employee who is engaged in the 
performance of functions transferred to the Department, or 
engaged in the administration of a law the administration of 
which is transferred to the Department, to be transferred to 
the Department. An employee engaged primarily in providing 
administrative support for information technology functions to 
a legacy information technology division or information 
technology personnel may be considered engaged in the 
performance of functions transferred to the Department.
    (d) All books, records, papers, documents, property (real 
and personal), contracts, causes of action, and pending 
business pertaining to the powers, duties, rights, and 
responsibilities relating to dedicated units and information 
technology functions transferred under this Act to the 
Department of Innovation and Technology, including, but not 
limited to, material in electronic or magnetic format and 
necessary computer hardware and software, shall be transferred 
to the Department of Innovation and Technology.
    (e) All unexpended appropriations and balances and other 
funds available for use relating to dedicated units and 
information technology functions transferred under this Act 
shall be transferred for use by the Department of Innovation 
and Technology at the direction of the Governor. Unexpended 
balances so transferred shall be expended only for the purpose 
for which the appropriations were originally made.
    (f) The powers, duties, rights, and responsibilities 
relating to dedicated units and information technology 
functions transferred by this Act shall be vested in and shall 
be exercised by the Department of Innovation and Technology.
    (g) Whenever reports or notices are now required to be 
made or given or papers or documents furnished or served by any 
person to or upon each dedicated unit in connection with any of 
the powers, duties, rights, and responsibilities relating to 
information technology functions transferred by this Act, the 
same shall be made, given, furnished, or served in the same 
manner to or upon the Department of Innovation and Technology.
    (h) This Act does not affect any act done, ratified, or 
canceled or any right occurring or established or any action 
or proceeding had or commenced in an administrative, civil, or 
criminal cause by each dedicated unit relating to information 
technology functions before the transfer of responsibilities 
under this Act; such actions or proceedings may be prosecuted 
and continued by the Department of Innovation and Technology.
    (i) (Blank). Any rules of a dedicated unit or a 
transferring agency that relate to the powers, duties, rights, 
and responsibilities relating to the dedicated unit or to 
information technology functions and are in full force on the 
effective date of this Act shall become the rules of the 
Department of Innovation and Technology. This Act does not 
affect the legality of any such rules in the Illinois 
Administrative Code.
    (j) (Blank). Any proposed rules filed with the Secretary 
of State by the dedicated unit or the transferring agency that 
are pending in the rulemaking process on March 25, 2016 (the 
effective date of Executive Order 2016-001) and that pertain 
to the powers, duties, rights, and responsibilities of the 
dedicated unit or the information technology functions 
transferred, shall be deemed to have been filed by the 
Department of Innovation and Technology. As soon as 
practicable, the Department of Innovation and Technology shall 
revise and clarify the rules transferred to it under this Act 
to reflect the reorganization of powers, duties, rights, and 
responsibilities relating to information technology functions 
affected by this Act, using the procedures for recodification 
of rules available under the Illinois Administrative Procedure 
Act, except that existing title, part, and section numbering 
for the affected rules may be retained. The Department of 
Innovation and Technology may propose and adopt under the 
Illinois Administrative Procedure Act such other rules of each 
dedicated unit or transferring agency that will now be 
administered by the Department of Innovation and Technology.

(Source: P.A. 100-611, eff. 7-20-18.)
 
    (20 ILCS 1370/1-15)

    Sec. 1-15. Powers and duties. 
    (a)    The head officer of the Department is the Secretary, 
who shall be the chief information officer for the State and 
the steward of State data with respect to those agencies under 
the jurisdiction of the Governor. The Secretary shall be 
appointed by the Governor, with the advice and consent of the 
Senate. The Department may employ or retain other persons to 
assist in the discharge of its functions, subject to the 
Personnel Code. 
    (b) The Department shall promote best-in-class innovation 
and technology to client agencies to foster collaboration 
among client agencies, empower client agencies to provide 
better service to residents of Illinois, and maximize the 
value of taxpayer resources. The Department shall be 
responsible for information technology functions on behalf of 
client agencies.
    (c) The Department shall provide for and coordinate 
information technology for State agencies and, when requested 
and when in the best interests of the State, for State 
constitutional offices, units of federal or local governments, 
and public and not-for-profit institutions of primary, 
secondary, and higher education, or other parties not 
associated with State government.  The Department shall 
establish charges for information technology for State 
agencies and, when requested, for State constitutional 
offices, units of federal or local government, and public and 
not-for-profit institutions of primary, secondary, or higher 
education and for use by other parties not associated with 
State government.  Entities charged for these services shall 
make payment to the Department.  The Department may instruct 
all State agencies to report their usage of information 
technology regularly to the Department in the manner the 
Secretary may prescribe.
    (d)   The Department shall develop and implement standards, 
policies, and procedures to protect the security and 
interoperability of State data with respect to those agencies 
under the jurisdiction of the Governor, including in 
particular data that are confidential, sensitive, or protected 
from disclosure by privacy or other laws, while recognizing 
and balancing the need for collaboration and public 
transparency.
    (e)   The Department shall be responsible for providing the 
Governor with timely, comprehensive, and meaningful 
information pertinent to the formulation and execution of 
fiscal policy. In performing this responsibility, the 
Department shall have the power to do the following:
        (1) Control the procurement, retention, installation, 
    maintenance, and operation, as specified by the 
    Department, of information technology equipment used by 
    client agencies in such a manner as to achieve maximum 
    economy and provide appropriate assistance in the 
    development of information suitable for management 
    analysis.
        (2) Establish principles and standards of information 
    technology-related reporting by client agencies and 
    priorities for completion of research by those agencies in 
    accordance with the requirements for management analysis 
    specified by the Department.
        (3) Establish charges for information technology and 
    related services requested by client agencies and rendered 
    by the Department. The Department is likewise empowered to 
    establish prices or charges for all information technology 
    reports purchased by agencies and individuals not 
    connected with State government.
        (4) Instruct all client agencies to report regularly 
    to the Department, in the manner the Department may 
    prescribe, their usage of information technology, the cost 
    incurred, the information produced, and the procedures 
    followed in obtaining the information. All client agencies 
    shall request from the Department assistance and 
    consultation in securing any necessary information 
    technology to support their requirements.
        (5) Examine the accounts and information 
    technology-related data of any organization, body, or 
    agency receiving appropriations from the General Assembly, 
    except for a State constitutional office, the Office of 
    the Executive Inspector General, or any office of the 
    legislative or judicial branches of State government. For 
    a State constitutional office, the Office of the Executive 
    Inspector General, or any office of the legislative or 
    judicial branches of State government, the Department 
    shall have the power to examine the accounts and 
    information technology-related data of the State 
    constitutional office, the Office of the Executive 
    Inspector General, or any office of the legislative or 
    judicial branches of State government when requested by 
    those offices.
        (6) Install and operate a modern information 
    technology system using equipment adequate to satisfy the 
    requirements for analysis and review as specified by the 
    Department. Expenditures for information technology and 
    related services rendered shall be reimbursed by the 
    recipients. The reimbursement shall be determined by the 
    Department as amounts sufficient to reimburse the 
    Technology Management Revolving Fund for expenditures 
    incurred in rendering the services.
    (f)   In addition to the other powers and duties listed in 
subsection (e), the Department shall analyze the present and 
future aims, needs, and requirements of information 
technology, research, and planning in order to provide for the 
formulation of overall policy relative to the use of 
information technology and related equipment by the State of 
Illinois. In making this analysis, the Department shall 
formulate a master plan for information technology, using 
information technology most advantageously, and advising 
whether information technology should be leased or purchased 
by the State. The Department shall prepare and submit interim 
reports of meaningful developments and proposals for 
legislation to the Governor on or before January 30 each year. 
The Department shall engage in a continuing analysis and 
evaluation of the master plan so developed, and it shall be the 
responsibility of the Department to recommend from time to 
time any needed amendments and modifications of any master 
plan enacted by the General Assembly.
    (g)   The Department may make information technology and the 
use of information technology available to units of local 
government, elected State officials, State educational 
institutions, the judicial branch, the legislative branch, and 
all other governmental units of the State requesting them. The 
Department shall establish prices and charges for the 
information technology so furnished and for the use of the 
information technology. The prices and charges shall be 
sufficient to reimburse the cost of furnishing the services 
and use of information technology.
    (h)   The Department may establish standards to provide 
consistency in the operation and use of information 
technology.
    (i)   The Department may adopt rules under the Illinois 
Administrative Procedure Act necessary to carry out its 
responsibilities under this Act. 
    The Department and each public agency shall continue to 
have all authority  provided to them under the 
Intergovernmental Cooperation Act and other applicable law to 
enter into interagency contracts. The Department may enter 
into contracts to use personnel and other resources that are 
retained by client agencies or other public agencies, to 
provide services to public agencies within the State, and for 
other appropriate purposes to accomplish the Department's 
mission.

(Source: P.A. 100-611, eff. 7-20-18.)
 
    (20 ILCS 1370/1-35)

    Sec. 1-35. Communications services.
    (a) The Department shall develop and implement a 
comprehensive plan to coordinate or centralize communications 
services among State agencies with offices at different 
locations. The plan shall be updated based on a continuing 
study of communications problems of State government and shall 
include any information technology-related equipment or 
service used for communication purposes including digital, 
analog, or future transmission medium, whether for voice, 
data, or any combination thereof. The plan shall take into 
consideration systems that might affect effect economies, 
including, but not limited to, quantity discount services and 
may include provision of telecommunications service to local 
and federal government entities located within this State if 
State interests can be served by so doing.
    (b) The Department shall provide for and coordinate 
communications services for State agencies and, when requested 
and when in the best interests of the State, for units of 
federal or local governments and public and not-for-profit 
institutions of primary, secondary, and higher education. The 
Department may make use of, or support or provide any 
information technology-related communications equipment or 
services necessary and available to support the needs of 
interested parties not associated with State government 
provided that State government usage shall have first 
priority. For this purpose the Department shall have the power 
to do all of the following:
        (1) Provide for and control the procurement, 
    retention, installation, and maintenance of communications 
    equipment or services used by State agencies in the 
    interest of efficiency and economy.
        (2) Review existing standards and, where appropriate, 
    propose to establish new or modified standards for State 
    agencies which shall include a minimum of one 
    telecommunication device for the deaf installed and 
    operational within each State agency, to provide public 
    access to agency information for those persons who are 
    hearing or speech impaired. The Department shall consult 
    the Department of Human Services to develop standards and 
    implementation for this equipment.
        (3) Establish charges for information technology for 
    State agencies and, when requested, for units of federal 
    or local government and public and not-for-profit 
    institutions of primary, secondary, or higher education.   
    Entities charged for these services shall pay the 
    Department.
        (4) Instruct all State agencies to report their usage 
    of communication services regularly to the Department in 
    the manner the Department may prescribe.
        (5) Analyze the present and future aims and needs of 
    all State agencies in the area of communications services 
    and plan to serve those aims and needs in the most 
    effective and efficient manner.
        (6) Provide telecommunications and other 
    communications services.
        (7) Establish the administrative organization within 
    the Department that is required to accomplish the purpose 
    of this Section.
    As used in this subsection (b) only, "State agencies" 
means all departments, officers, commissions, boards, 
institutions, and bodies politic and corporate of the State 
except (i) the judicial branch, including, without limitation, 
the several courts of the State, the offices of the clerk of 
the supreme court and the clerks of the appellate court, and 
the Administrative Office of the Illinois Courts, (ii) State 
constitutional offices, and (iii) the General Assembly, 
legislative service agencies, and all officers of the General 
Assembly.
    This subsection (b) does not apply to the procurement of 
Next Generation 9-1-1 service as governed by Section 15.6b of 
the Emergency Telephone System Act.

(Source: P.A. 100-611, eff. 7-20-18; 101-81, eff. 7-12-19.)
 
    (20 ILCS 1370/1-40)

    Sec. 1-40. Bulk long distance telephone services for 
military personnel in military service.
    (a) As used in this Section only:
    "Immediate family" means a service member's spouse 
residing in the service member's household, brothers and 
sisters of the whole or of the half blood, children, including 
adopted children and stepchildren, parents, and grandparents.
    "Military service" means any full-time training or duty, 
no matter how described under federal or State law, for which a 
service member is ordered to report by the President, Governor 
of a state, commonwealth, or territory of the United States, 
or other appropriate military authority.
    "Service member" means a resident of Illinois who is a 
member of any component of the United States Armed Forces or 
the National Guard of any state, the District of Columbia, a 
commonwealth, or a territory of the United States.
    (b) The Department may enter into a contract to purchase 
bulk long distance telephone services and make them available 
at cost, or may make bulk long distance telephone services 
available at cost under any existing contract the Department 
has entered into, to persons in the immediate family of 
service members that have entered military service so that 
immediate family those persons in the service members' 
families can communicate with the service members. If the 
Department enters into a contract under this Section, it shall 
do so in accordance with the Illinois Procurement Code and in a 
nondiscriminatory manner that does not place any potential 
vendor at a competitive disadvantage.
    (c) In order to be eligible to use bulk long distance 
telephone services purchased by the Department under this 
Section, a service member or person in the service member's 
immediate family must provide the Department with a copy of 
the orders calling the service member to military service in 
excess of 29 consecutive days and of any orders further 
extending the service member's period of military service.
    (d) If the Department enters into a contract under this 
Section, the Department shall adopt rules as necessary to 
implement this Section.

(Source: P.A. 100-611, eff. 7-20-18.)
 
    (20 ILCS 1370/1-20 rep.)
    (20 ILCS 1370/1-30 rep.)

    (20 ILCS 1370/1-50 rep.)
    (20 ILCS 1370/1-55 rep.)
    (20 ILCS 1370/1-60 rep.)
    Section 10. The Department of Innovation and Technology 
Act is amended  by repealing Sections 1-20, 1-30, 1-50, 1-55, 
and 1-60.
 
    Section 15. The State Finance Act is amended  by changing 
Sections 6p-1 and 8.16a as follows:
 



    (30 ILCS 105/6p-1)  (from Ch. 127, par. 142p1)



    Sec. 6p-1. 
The Technology Management Revolving Fund 
(formerly known as the Statistical Services Revolving Fund) 
shall be initially
financed by a transfer of funds from the 
General Revenue Fund. Thereafter,
all fees and other monies 
received by the Department of Innovation and Technology in 
payment for information technology and related services 
rendered pursuant to subsection (e) of Section 1-15 (b) of 
Section 1-30 of the Department of Innovation and Technology 
Act shall be paid
into
the Technology Management
 Revolving 
Fund. On and after July 1, 2017, or after sufficient moneys 
have been received in the Communications Revolving Fund to pay 
all Fiscal Year 2017 obligations payable from the Fund, 
whichever is later, all fees and other moneys received by the 
Department of Central Management Services in payment for 
communications services rendered pursuant to the Department of 
Central Management Services Law of the Civil Administrative 
Code of Illinois or sale of surplus State communications 
equipment shall be paid into the Technology Management 
Revolving Fund. The money in this fund shall be used
by the 
Department of Innovation and Technology as reimbursement for

expenditures incurred in rendering information technology and 
related services and, beginning July 1, 2017, as reimbursement 
for expenditures incurred in relation to communications 
services.

(Source: P.A. 100-23, eff. 7-6-17; 100-611, eff. 7-20-18; 
101-81, eff. 7-12-19.)

 



    (30 ILCS 105/8.16a)  (from Ch. 127, par. 144.16a)



    Sec. 8.16a. 
Appropriations for the procurement, 
installation,
retention, maintenance, and operation of 
electronic data processing and
information technology devices 
and software used by State agencies subject to subsection (e) 
of Section 1-15 (b) of Section 1-30 of the Department of 
Innovation and Technology Act, the purchase of necessary

supplies and equipment and accessories thereto, and all other 
expenses
incident to the operation and maintenance of those 
electronic data
processing and information technology devices 
and software are payable from the Technology Management 
Revolving Fund. However, no contract shall be entered into or

obligation incurred for any expenditure from the Technology 
Management
Revolving Fund until after the purpose and amount 
has been approved in
writing by the Secretary of Innovation 
and Technology. Until there are
sufficient funds in the 
Technology Management Revolving Fund (formerly known as the 
Statistical Services Revolving Fund) to carry out
the purposes 
of this amendatory Act of 1965, however, the State agencies

subject to subsection (b) of Section 1-30 of the Department of 
Innovation and Technology Act
shall, on written approval of 
the Secretary of Innovation and Technology, pay the cost of 
operating and maintaining electronic data processing
systems 
from current appropriations as classified and standardized in 
the State Finance Act.

(Source: P.A. 100-23, eff. 7-6-17; 100-611, eff. 7-20-18; 
101-81, eff. 7-12-19.)