Bill Text: IL SB1606 | 2017-2018 | 100th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Creates the Department of Innovation and Technology Act to codify the changes made in Executive Order 2016-001. Creates the Department of Innovation and Technology. Abolishes the Information Technology Office (also known as the Office of the Chief Information Officer) within the Office of the Governor and transfers its functions, personnel, and property to Department of Innovation and Technology. Provides for the transfer of information technology functions, including related personnel and property, from specified State agencies, boards, and commissions to the Department of Innovation and Technology. Provides for the powers and responsibilities of the Department of Innovation and Technology, including specified programs and initiatives. Provides for the appointment of the Secretary and Assistant Secretary of Innovation and Technology by the Governor, with the advice and consent of the Senate. Provides that the Secretary shall serve as the Chief Information Officer of the State. Amends the Open Meetings Act, the Gubernatorial Boards and Commissions Act, the Civil Administrative Code of Illinois, the Department of Central Management Services Law of the Civil Administrative Code of Illinois, the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois, the State Fire Marshal Act, the Illinois Century Network Act, the State Finance Act, the Grant Information Collection Act, the Illinois Pension Code, the Hydraulic Fracturing Regulatory Act, the Public Aid Code, the Methamphetamine Precursor Tracking Act, the Workers' Compensation Act, and the Workers' Occupational Diseases Act to make conforming changes. Repeals Sections in the Department of Central Management Services Law of the Civil Administrative Code of Illinois. Effective immediately.

Spectrum: Bipartisan Bill

Status: (Failed) 2019-01-09 - Session Sine Die [SB1606 Detail]

Download: Illinois-2017-SB1606-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 SB1606 Introduced 2/9/2017, by Sen. Chris Nybo SYNOPSIS AS INTRODUCED:
See Index
Creates the Department of Innovation and Technology Act to codify the changes made in Executive Order 2016-001. Creates the Department of Innovation and Technology. Abolishes the Information Technology Office (also known as the Office of the Chief Information Officer) within the Office of the Governor and transfers its functions, personnel, and property to Department of Innovation and Technology. Provides for the transfer of information technology functions, including related personnel and property, from specified State agencies, boards, and commissions to the Department of Innovation and Technology. Provides for the powers and responsibilities of the Department of Innovation and Technology, including specified programs and initiatives. Provides for the appointment of the Secretary and Assistant Secretary of Innovation and Technology by the Governor, with the advice and consent of the Senate. Provides that the Secretary shall serve as the Chief Information Officer of the State. Amends the Open Meetings Act, the Gubernatorial Boards and Commissions Act, the Civil Administrative Code of Illinois, the Department of Central Management Services Law of the Civil Administrative Code of Illinois, the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois, the State Fire Marshal Act, the Illinois Century Network Act, the State Finance Act, the Grant Information Collection Act, the Illinois Pension Code, the Hydraulic Fracturing Regulatory Act, the Public Aid Code, the Methamphetamine Precursor Tracking Act, the Workers' Compensation Act, and the Workers' Occupational Diseases Act to make conforming changes. Repeals Sections in the Department of Central Management Services Law of the Civil Administrative Code of Illinois. Effective immediately.
LRB100 11198 RPS 21501 b
FISCAL NOTE ACT MAY APPLY PENSION IMPACT NOTE ACT MAY APPLY
A BILL FOR
SB1606 LRB100 11198 RPS 21501 b
AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Department of Innovation and Technology Act.
Section 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. "Client agency" also includes each other public
agency to which the Department provides service.
"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.

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"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) 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.
"Secretary" means the Secretary of Innovation and
Technology.
"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,

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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 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 Student Assistance Commission; the Illinois
Technology Office; the Office of the State Fire Marshal; and
the Prisoner Review Board.
Section 10. Transfer of functions. On and after March 25,
2016 (the effective date of Executive Order 2016-001):
(a) 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) 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.

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(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 such employees under
the Personnel Code shall not be affected by the transfer. The
rights of the employees and the State of Illinois or its
transferring agencies under the Personnel Code and applicable
collective bargaining agreements or under any pension,
retirement, or annuity plan shall not be affected by this Act.
To the extent that an employee performs duties for the
dedicated unit, information technology functions, and duties
for the transferring agency itself or any other division or
agency within the transferring agency that are dedicated to
non-information technology functions, that employee shall be
transferred at the Governor's discretion.
(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

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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
cancelled 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) 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

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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) 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.
Section 15. Powers and duties. The Department shall promote
best-in-class innovation and technology to client agencies to

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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.
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 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 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.
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

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to public agencies within the State, and for other appropriate
purposes to accomplish the Department's mission.
Section 20. Security and interoperability. The Department
shall develop and implement standards, policies, and
procedures to protect the security and interoperability of
State data, 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. The Department shall
comply with applicable federal and State laws pertaining to
information technology, data, and records of the Department and
the client agencies, including, without limitation, the
Freedom of Information Act, the State Records Act, the Personal
Information Protection Act, the federal Health Insurance
Portability and Accountability Act, the federal Health
Information Technology for Economic and Clinical Health Act,
and the federal Gramm-Leach-Bliley Act.
Section 25. Charges for services; non-State funding. The
Department may establish charges for services rendered by the
Department to client agencies from funds provided directly to
the client agency by appropriation or otherwise. In
establishing charges, the Department shall consult with client
agencies to make charges transparent and clear and seek to
minimize or avoid charges for costs for which the Department

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has other funding sources available.
Client agencies shall continue to apply for and otherwise
seek federal funds and other capital and operational resources
for technology for which the agencies are eligible and, subject
to compliance with applicable laws, regulations, and grant
terms, make those funds available for use by the Department.
The Department shall assist client agencies in identifying
funding opportunities and, if funds are used by the Department,
ensuring compliance with all applicable laws, regulations, and
grant terms.
Section 30. Information technology.
(a) The Secretary 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. It shall
be the duty of the Department and the policy of the State of
Illinois to manage or delegate the management of the
procurement, retention, installation, maintenance, and
operation of all information technology used by client
agencies, so as to achieve maximum economy consistent with
development of appropriate and timely information in a form
suitable for management analysis, in a manner that provides for
adequate security protection and back-up facilities for that
equipment, the establishment of bonding requirements, and a
code of conduct for all information technology personnel to
ensure the privacy of information technology information as

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provided by law.
(b) 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,

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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.
(6) Install and operate a modern information
technology system utilizing 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.
(c) In addition to the other powers and duties listed in
subsection (b), 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, utilizing

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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.
(d) 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.
(e) The Department may establish standards to provide
consistency in the operation and use of information technology.
Section 35. Communications.
(a) The Department shall develop and implement a
comprehensive plan to coordinate or centralize communications

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among State 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
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

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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.

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(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 and (ii) 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.
Section 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

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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 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

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Section, the Department shall adopt rules as necessary to
implement this Section.
Section 45. Grants for distance learning services. The
Department may award grants to public community colleges and
education service centers for development and implementation
of telecommunications systems that provide distance learning
services.
Section 50. Rulemaking. The Department may adopt rules
under the Illinois Administrative Procedure Act necessary to
carry out its responsibilities under this Act.
Section 55. Executive Orders.
(a) Executive Order 2016-001. 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 of
Innovation and Technology 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. In the event of a conflict between the
provisions of the Executive Order and this Act, this Act shall
be controlling.
(b) Executive Order 1999-05. The Information Technology
Office, also known as the Office of the Chief Information

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Officer, was created by Executive Order 1999-05. That Executive
Order is superseded by this Act.
Section 60. Construction.
(a) Notwithstanding any provision of law to the contrary,
on and after the effective date of this Act, references to
"Bureau of Communications and Computer Services", "Bureau of
Information and Communication Services", "Information
Technology Office", or "Office of the Chief Information
Officer" shall be construed as references to the Department of
Innovation and Technology.
(b) Notwithstanding any provision of law to the contrary,
on and after the effective date of this Act, references to
"Chief Information Officer of the State" shall be construed as
references to the Secretary of Innovation and Technology.
Section 905. The Civil Administrative Code of Illinois is
amended by changing Sections 5-10, 5-15, 5-20, and 5-605 and by
adding Sections 5-221 and 5-357 as follows:
(20 ILCS 5/5-10) (was 20 ILCS 5/2.1)
Sec. 5-10. "Director". As used in the Civil Administrative
Code of Illinois, unless the context clearly indicates
otherwise, the word "director" means the several directors of
the departments of State government as designated in Section
5-20 of this Law and includes the Secretary of Financial and

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Professional Regulation, the Secretary of Innovation and
Technology, the Secretary of Human Services, and the Secretary
of Transportation.
(Source: P.A. 91-239, eff. 1-1-00.)
(20 ILCS 5/5-15) (was 20 ILCS 5/3)
Sec. 5-15. Departments of State government. The
Departments of State government are created as follows:
The Department on Aging.
The Department of Agriculture.
The Department of Central Management Services.
The Department of Children and Family Services.
The Department of Commerce and Economic Opportunity.
The Department of Corrections.
The Department of Employment Security.
The Illinois Emergency Management Agency.
The Department of Financial and Professional Regulation.
The Department of Healthcare and Family Services.
The Department of Human Rights.
The Department of Human Services.
The Department of Innovation and Technology.
The Department of Juvenile Justice.
The Department of Labor.
The Department of the Lottery.
The Department of Natural Resources.
The Department of Public Health.

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The Department of Revenue.
The Department of State Police.
The Department of Transportation.
The Department of Veterans' Affairs.
(Source: P.A. 96-328, eff. 8-11-09; 97-618, eff. 10-26-11.)
(20 ILCS 5/5-20) (was 20 ILCS 5/4)
Sec. 5-20. Heads of departments. Each department shall have
an officer as its head who shall be known as director or
secretary and who shall, subject to the provisions of the Civil
Administrative Code of Illinois, execute the powers and
discharge the duties vested by law in his or her respective
department.
The following officers are hereby created:
Director of Aging, for the Department on Aging.
Director of Agriculture, for the Department of
Agriculture.
Director of Central Management Services, for the
Department of Central Management Services.
Director of Children and Family Services, for the
Department of Children and Family Services.
Director of Commerce and Economic Opportunity, for the
Department of Commerce and Economic Opportunity.
Director of Corrections, for the Department of
Corrections.
Director of the Illinois Emergency Management Agency, for

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the Illinois Emergency Management Agency.
Director of Employment Security, for the Department of
Employment Security.
Secretary of Financial and Professional Regulation, for
the Department of Financial and Professional Regulation.
Director of Healthcare and Family Services, for the
Department of Healthcare and Family Services.
Director of Human Rights, for the Department of Human
Rights.
Secretary of Human Services, for the Department of Human
Services.
Secretary of Innovation and Technology, for the Department
of Innovation and Technology.
Director of Juvenile Justice, for the Department of
Juvenile Justice.
Director of Labor, for the Department of Labor.
Director of the Lottery, for the Department of the Lottery.
Director of Natural Resources, for the Department of
Natural Resources.
Director of Public Health, for the Department of Public
Health.
Director of Revenue, for the Department of Revenue.
Director of State Police, for the Department of State
Police.
Secretary of Transportation, for the Department of
Transportation.

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Director of Veterans' Affairs, for the Department of
Veterans' Affairs.
(Source: P.A. 97-464, eff. 10-15-11; 97-618, eff. 10-26-11;
97-813, eff. 7-13-12; 98-499, eff. 8-16-13.)
(20 ILCS 5/5-221 new)
Sec. 5-221. In the Department of Innovation and Technology.
Assistant Secretary of Innovation and Technology.
(20 ILCS 5/5-357 new)
Sec. 5-357. In the Department of Innovation and Technology.
The Secretary of Innovation and Technology and the Assistant
Secretary of Innovation and Technology shall each receive an
annual salary as set by law.
(20 ILCS 5/5-605) (was 20 ILCS 5/12)
Sec. 5-605. Appointment of officers. Each officer whose
office is created by the Civil Administrative Code of Illinois
or by any amendment to the Code shall be appointed by the
Governor, by and with the advice and consent of the Senate. In
case of vacancies in those offices during the recess of the
Senate, the Governor shall make a temporary appointment until
the next meeting of the Senate, when the Governor shall
nominate some person to fill the office, and any person so
nominated who is confirmed by the Senate shall hold office
during the remainder of the term and until his or her successor

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is appointed and qualified. If the Senate is not in session at
the time the Code or any amendments to the Code take effect,
the Governor shall make a temporary appointment as in the case
of a vacancy.
During the absence or inability to act of the director or
secretary of any department, or of the Secretary of Human
Services or the Secretary of Transportation, or in case of a
vacancy in any such office until a successor is appointed and
qualified, the Governor may designate some person as acting
director or acting secretary to execute the powers and
discharge the duties vested by law in that director or
secretary.
During the term of a General Assembly, the Governor may not
designate a person to serve as an acting director or secretary
under this Section if that person's nomination to serve as the
director or secretary of that same Department was rejected by
the Senate of the same General Assembly. This Section is
subject to the provisions of subsection (c) of Section 3A-40 of
the Illinois Governmental Ethics Act.
(Source: P.A. 97-582, eff. 8-26-11.)
Section 910. The Department of Central Management Services
Law of the Civil Administrative Code of Illinois is amended by
changing Sections 405-10, 405-270, and 405-410 as follows:
(20 ILCS 405/405-10) (was 20 ILCS 405/35.3)

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Sec. 405-10. Director's duties; State policy. It shall be
the duty of the Director and the policy of the State of
Illinois to do the following:
(1) Place financial responsibility on State agencies
(as defined in subsection (b) of Section 405-5) and hold
them accountable for the proper discharge of this
responsibility.
(2) Require professional, accurate, and current
accounting with the State agencies (as defined in
subsection (b) of Section 405-5).
(3) Decentralize fiscal, procedural, and
administrative operations to expedite the business of the
State and to avoid expense, unwieldiness, inefficiency,
and unnecessary duplication where decentralization is
consistent with proper fiscal management.
(4) (Blank). Manage or delegate the management of the
procurement, retention, installation, maintenance, and
operation of all electronic data processing equipment used
by State agencies as defined in Section 405-20, so as to
achieve maximum economy consistent with development of
adequate and timely information in a form suitable for
management analysis, in a manner that provides for adequate
security protection and back-up facilities for that
equipment, the establishment of bonding requirements, and
a code of conduct for all electronic data processing
personnel to ensure the privacy of electronic data

SB1606 - 25 - LRB100 11198 RPS 21501 b
processing information as provided by law.
(Source: P.A. 91-239, eff. 1-1-00.)
(20 ILCS 405/405-270) (was 20 ILCS 405/67.18)
Sec. 405-270. Broadcast communications Communications
services. To provide for and coordinate broadcast co-ordinate
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 its satellite uplink available to
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 and duty
to do all of the following:
(1) Provide for and control the procurement,
retention, installation, and maintenance of video
recording, satellite uplink, public information, and
broadcast communications equipment or services used by
State agencies in the interest of efficiency and economy.
(2) (Blank). Establish standards by January 1, 1989 for
communications services 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

SB1606 - 26 - LRB100 11198 RPS 21501 b
shall consult the Department of Human Services to develop
standards and implementation for this equipment.
(3) Establish charges (i) for video recording,
satellite uplink, public information, and broadcast
communication services 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 and (ii) for use of the
Department's satellite uplink by parties not associated
with State government. Entities charged for these services
shall reimburse the Department.
(4) Instruct all State agencies to report their usage
of video recording, satellite uplink, public information,
and broadcast communication services regularly to the
Department in the manner the Director may prescribe.
(5) Analyze the present and future aims and needs of
all State agencies in the area of video recording,
satellite uplink, public information, and broadcast
communications services and plan to serve those aims and
needs in the most effective and efficient manner.
(6) Provide services, including, but not limited to,
telecommunications, video recording, satellite uplink,
public information, and broadcast other communications
services.
(7) Establish the administrative organization within
the Department that is required to accomplish the purpose

SB1606 - 27 - LRB100 11198 RPS 21501 b
of this Section.
The Department is authorized, in consultation with the
Department of Innovation and Technology, to conduct a study for
the purpose of determining technical, engineering, and
management specifications for the networking, compatible
connection, or shared use of existing and future public and
private owned television broadcast and reception facilities,
including but not limited to terrestrial microwave, fiber
optic, and satellite, for broadcast and reception of
educational, governmental, and business programs, and to
implement those specifications.
However, the Department may not control or interfere with
the input of content into the broadcast communications
telecommunications systems by the several State agencies or
units of federal or local government, or public or
not-for-profit institutions of primary, secondary, and higher
education, or users of the Department's satellite uplink.
As used in this Section, the term "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 and (ii) the
General Assembly, legislative service agencies, and all
officers of the General Assembly.

SB1606 - 28 - LRB100 11198 RPS 21501 b
This Section 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.
In the event of a conflict between the provisions of this
Section and any provision of the Department of Innovation and
Technology Act, the Department of Innovation and Technology Act
shall be controlling.
(Source: P.A. 99-6, eff. 1-1-16.)
(20 ILCS 405/405-410)
Sec. 405-410. Transfer of Information Technology
functions.
(a) Notwithstanding any other law to the contrary, the
Secretary of Innovation and Technology Director of Central
Management Services, working in cooperation with the Director
of any other agency, department, board, or commission directly
responsible to the Governor, may direct the transfer, to the
Department of Innovation and Technology Central Management
Services, of those information technology functions at that
agency, department, board, or commission that are suitable for
centralization.
Upon receipt of the written direction to transfer
information technology functions to the Department of
Innovation and Technology Central Management Services, the
personnel, equipment, and property (both real and personal)
directly relating to the transferred functions shall be

SB1606 - 29 - LRB100 11198 RPS 21501 b
transferred to the Department of Innovation and Technology
Central Management Services, and the relevant documents,
records, and correspondence shall be transferred or copied, as
the Secretary Director may prescribe.
(b) Upon receiving written direction from the Secretary of
Innovation and Technology Director of Central Management
Services, the Comptroller and Treasurer are authorized to
transfer the unexpended balance of any appropriations related
to the information technology functions transferred to the
Department of Innovation and Technology Central Management
Services and shall make the necessary fund transfers from any
special fund in the State Treasury or from any other federal or
State trust fund held by the Treasurer to the General Revenue
Fund or , the Technology Management Statistical Services
Revolving Fund, or the Communications Revolving Fund, as
designated by the Secretary of Innovation and Technology
Director of Central Management Services, for use by the
Department of Innovation and Technology Central Management
Services in support of information technology functions or any
other related costs or expenses of the Department of Innovation
and Technology Central Management Services.
(c) The rights of employees and the State and its agencies
under the Personnel Code and applicable collective bargaining
agreements or under any pension, retirement, or annuity plan
shall not be affected by any transfer under this Section.
(d) The functions transferred to the Department of

SB1606 - 30 - LRB100 11198 RPS 21501 b
Innovation and Technology Central Management Services by this
Section shall be vested in and shall be exercised by the
Department of Innovation and Technology Central Management
Services. Each act done in the exercise of those functions
shall have the same legal effect as if done by the agencies,
offices, divisions, departments, bureaus, boards and
commissions from which they were transferred.
Every person or other entity shall be subject to the same
obligations and duties and any penalties, civil or criminal,
arising therefrom, and shall have the same rights arising from
the exercise of such rights, powers, and duties as had been
exercised by the agencies, offices, divisions, departments,
bureaus, boards, and commissions from which they were
transferred.
Whenever reports or notices are now required to be made or
given or papers or documents furnished or served by any person
in regards to the functions transferred to or upon the
agencies, offices, divisions, departments, bureaus, boards,
and commissions from which the functions were transferred, the
same shall be made, given, furnished or served in the same
manner to or upon the Department of Innovation and Technology
Central Management Services.
This Section does not affect any act done, ratified, or
cancelled or any right occurring or established or any action
or proceeding had or commenced in an administrative, civil, or
criminal cause regarding the functions transferred, but those

SB1606 - 31 - LRB100 11198 RPS 21501 b
proceedings may be continued by the Department of Innovation
and Technology Central Management Services.
This Section does not affect the legality of any rules in
the Illinois Administrative Code regarding the functions
transferred in this Section that are in force on the effective
date of this Section. If necessary, however, the affected
agencies shall propose, adopt, or repeal rules, rule
amendments, and rule recodifications as appropriate to
effectuate this Section.
(Source: P.A. 93-25, eff. 6-20-03; 93-839, eff. 7-30-04;
93-1067, eff. 1-15-05.)
(20 ILCS 405/405-20 rep.)
(20 ILCS 405/405-250 rep.)
(20 ILCS 405/405-255 rep.)
(20 ILCS 405/405-260 rep.)
(20 ILCS 405/405-265 rep.)
Section 915. The Department of Central Management Services
Law of the Civil Administrative Code of Illinois is amended by
repealing Sections 405-20, 405-250, 405-255, 405-260, and
405-265.
Section 920. The Department of Commerce and Economic
Opportunity Law of the Civil Administrative Code of Illinois is
amended by changing Sections 605-680 and 605-1007 as follows:

SB1606 - 32 - LRB100 11198 RPS 21501 b
(20 ILCS 605/605-680)
Sec. 605-680. Illinois goods and services website.
(a) The Department, in consultation with the Department of
Innovation and Technology, must establish and maintain an
Internet website devoted to the marketing of Illinois goods and
services by linking potential purchasers with producers of
goods and services who are located in the State.
(b) The Department must advertise the website to encourage
inclusion of producers on the website and to encourage the use
of the website by potential purchasers.
(Source: P.A. 93-868, eff. 1-1-05.)
Section 925. The Department of Commerce and Economic
Opportunity Law of the Civil Administrative Code of Illinois is
amended by changing Section 605-1007 as follows:
(20 ILCS 605/605-1007)
Sec. 605-1007. New business permitting portal.
(a) By July 1, 2017, the Department, in consultation with
the Department of Innovation and Technology, shall create and
maintain a website to help persons wishing to create new
businesses or relocate businesses to Illinois. The Department
shall consult with at least one organization representing small
businesses in this State while creating the website.
(b) The website shall include:
(1) an estimate of license and permitting fees for

SB1606 - 33 - LRB100 11198 RPS 21501 b
different businesses;
(2) State government application forms for business
licensing or registration;
(3) hyperlinks to websites of the responsible agency or
organization responsible for accepting the application;
and
(4) contact information for any local government
permitting agencies that may be relevant.
(c) The Department shall contact all agencies to obtain
business forms and other information for this website. Those
agencies shall respond to the Department before July 1, 2016.
(d) The website shall also include some mechanism for the
potential business owner to request more information from the
Department that may be helpful in starting the business,
including, but not limited to, State-based incentives that the
business owner may qualify for when starting or relocating a
business.
(e) The Department shall update the website at least once a
year before July 1. The Department shall request that other
State agencies report any changes in applicable application
forms to the Department by June 1 of every year after 2016.
(Source: P.A. 99-134, eff. 1-1-16.)
Section 930. The State Fire Marshal Act is amended by
changing Section 2.5 as follows:

SB1606 - 34 - LRB100 11198 RPS 21501 b
(20 ILCS 2905/2.5)
Sec. 2.5. Equipment exchange program.
(a) The Office shall create and maintain an equipment
exchange program under which fire departments, fire protection
districts, and township fire departments can donate or sell
equipment to, trade equipment with, or buy equipment from each
other.
(b) Under this program, the Office, in consultation with
the Department of Innovation and Technology shall maintain a
website that allows fire departments, fire protection
districts, and township fire departments to post information
and photographs about needed equipment and equipment that is
available for trade, donation, or sale. This website must be
separate from, and not a part of, the Office's main website;
however, the Office must post a hyperlink on its main website
that points to the website established under this subsection
(b).
(c) The Office or a fire department, fire protection
district, or township fire department that donates, trades, or
sells fire protection equipment to another fire department,
fire protection district, or township fire department under
this Section is not liable for any damage or injury caused by
the donated, traded, or sold fire protection equipment, except
for damage or injury caused by its willful and wanton
misconduct, if it discloses in writing to the recipient at the
time of the donation, trade, or sale any known damage to or

SB1606 - 35 - LRB100 11198 RPS 21501 b
deficiencies in the equipment.
This Section does not relieve any fire department, fire
protection district, or township fire department from
liability, unless otherwise provided by law, for any damage or
injury caused by donated, traded, or sold fire protection
equipment that was received through the equipment exchange
program.
(d) The Office must promote the program to encourage the
efficient exchange of equipment among local government
entities.
(e) The Office must implement the changes to the equipment
exchange program required under this amendatory Act of the 94th
General Assembly no later than July 1, 2006.
(Source: P.A. 93-305, eff. 7-23-03; 94-175, eff. 7-12-05.)
Section 935. The Illinois Century Network Act is amended by
changing Sections 15 and 20 as follows:
(20 ILCS 3921/15)
Sec. 15. Management of the Illinois Century Network.
(a) Staffing and contractual services necessary to support
the network's activities shall be governed by the Illinois
Century Network Policy Committee. The committee shall include:
(1) 6 standing members as follows:
(i) the Illinois State Library Director or
designee;

SB1606 - 36 - LRB100 11198 RPS 21501 b
(ii) the Illinois State Museum Director or
designee;
(iii) the Executive Director of the Board of Higher
Education or designee;
(iv) the Executive Director of the Illinois
Community College Board or designee;
(v) the State Board of Education State
Superintendent or designee; and
(vi) the Secretary of Innovation and Technology
Director of Central Management Services or designee;
(2) up to 7 members who are appointed by the Governor
and who:
(i) have experience and background in private K-12
education, private higher education, or who are from
other participant constituents that are not already
represented;
(ii) shall serve staggered terms up to 3 years as
designated by the Governor; and
(iii) shall serve until a successor is appointed
and qualified; and
(3) a Chairperson who is appointed by the Governor and
who shall serve a term of 2 years and until a successor is
appointed and qualified.
(b) Illinois Century Network Policy Committee members
shall serve without compensation but shall be entitled to
reimbursement for reasonable expenses of travel for members who

SB1606 - 37 - LRB100 11198 RPS 21501 b
are required to travel for a distance greater than 20 miles to
participate in business of the Illinois Century Network Policy
Committee.
(Source: P.A. 98-719, eff. 1-1-15.)
(20 ILCS 3921/20)
Sec. 20. Illinois Century Network Policy Committee. The
Illinois Century Network Policy Committee shall advise the
Department of Innovation and Technology on general policies set
general policies for the network. The Committee shall advise
the Department of Innovation and Technology with regard to have
the following additional duties and powers:
(1) to purchase, acquire, or receive equipment and
agreements or contracts for services for the benefit of the
Illinois Century Network or its participants;
(2) to sell or convey equipment or services desirable
for Network operations to its participants at reasonable
costs incurred in the acquisition of the equipment or
services;
(3) to employ and fix the compensation for employees as
it deems reasonable to achieve the purposes of this Act;
(4) to establish and maintain petty cash funds as
provided in Section 13.3 of the State Finance Act;
(5) to make, amend, and repeal bylaws, rules,
regulations, and resolutions that are consistent with this
Act;

SB1606 - 38 - LRB100 11198 RPS 21501 b
(6) to make and execute all contracts and instruments
necessary or convenient to the exercise of its powers;
(7) to exclusively control and manage the Network and
all moneys that are donated, paid, or appropriated for the
creation, improvement, and operation of the Network;
(8) to prepare and submit a budget for the necessary
and contingent operation expenses of the Network;
(9) to accept grants and funds from the federal and
state governments and any federal or state agency and to
expend those moneys in accordance and in furtherance of the
purposes of this Act;
(10) to enter into intergovernmental agreements with
other governmental entities, including but not limited to,
the Board of Higher Education, the Illinois Community
College Board, the State Board of Education, the Department
of Central Management Services, and local education
agencies, in order to implement and execute the powers and
duties set forth in this Act;
(11) to acquire or procure telecommunications or
computer networks or related services, alone or in
cooperation with other governmental or education entities,
as may be of reasonable benefit to the Network or its
participants for the general purposes set forth in this
Act; and
(12) to receive assignment of ownership or management
rights and the use of telecommunications equipment and

SB1606 - 39 - LRB100 11198 RPS 21501 b
services owned or leased by the State of Illinois or other
entities providing services to Illinois citizens for use in
operation of Network programs and services.
(Source: P.A. 91-21, eff. 7-1-99; 92-691, eff. 7-18-02.)
Section 940. The State Finance Act is amended by changing
Sections 5.55, 6p-1, 6p-2, 6z-34, 8.16a, and 8.16b as follows:
(30 ILCS 105/5.55) (from Ch. 127, par. 141.55)
Sec. 5.55. The Technology Management Statistical Services
Revolving Fund.
(Source: Laws 1919, p. 946.)
(30 ILCS 105/6p-1) (from Ch. 127, par. 142p1)
Sec. 6p-1. The Technology Management Revolving Fund
(formerly 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 Central Management
Services in payment for information technology and related
statistical services rendered pursuant to subsection (b) of
Section 30 of the Department of Innovation and Technology Act
Section 405-20 of the Department of Central Management Services
Law (20 ILCS 405/405-20) shall be paid into the Technology
Management Statistical Services Revolving Fund. On and after
July 1, 2018, or after sufficient moneys have been received in

SB1606 - 40 - LRB100 11198 RPS 21501 b
the Communications Revolving Fund to pay all Fiscal Year 2018
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 Central Management Services as reimbursement for
expenditures incurred in rendering information technology and
related statistical services and, beginning July 1, 2016, as
reimbursement for expenditures incurred in relation to
communications services.
(Source: P.A. 91-239, eff. 1-1-00.)
(30 ILCS 105/6p-2) (from Ch. 127, par. 142p2)
Sec. 6p-2. The Communications 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 Central Management
Services in payment for communications services rendered
pursuant to the Department of Innovation and Technology Act
Central Management Services Law or sale of surplus State
communications equipment shall be paid into the Communications
Revolving Fund. Except as otherwise provided in this Section,

SB1606 - 41 - LRB100 11198 RPS 21501 b
the money in this fund shall be used by the Department of
Innovation and Technology Central Management Services as
reimbursement for expenditures incurred in relation to
communications services.
On the effective date of this amendatory Act of the 93rd
General Assembly, or as soon as practicable thereafter, the
State Comptroller shall order transferred and the State
Treasurer shall transfer $3,000,000 from the Communications
Revolving Fund to the Emergency Public Health Fund to be used
for the purposes specified in Section 55.6a of the
Environmental Protection Act.
In addition to any other transfers that may be provided for
by law, on July 1, 2011, or as soon thereafter as practical,
the State Comptroller shall direct and the State Treasurer
shall transfer the sum of $5,000,000 from the General Revenue
Fund to the Communications Revolving Fund.
Notwithstanding any other provision of law, in addition to
any other transfers that may be provided by law, on July 1,
2018, or after sufficient moneys have been received in the
Communications Revolving Fund to pay all Fiscal Year 2018
obligations payable from the Fund, whichever is later, the
State Comptroller shall direct and the State Treasurer shall
transfer the remaining balance from the Communications
Revolving Fund into the Technology Management Revolving Fund.
Upon completion of the transfer, any future deposits due to
that Fund and any outstanding obligations or liabilities of

SB1606 - 42 - LRB100 11198 RPS 21501 b
that Fund pass to the Technology Management Revolving Fund.
(Source: P.A. 97-641, eff. 12-19-11.)
(30 ILCS 105/6z-34)
Sec. 6z-34. Secretary of State Special Services Fund. There
is created in the State Treasury a special fund to be known as
the Secretary of State Special Services Fund. Moneys deposited
into the Fund may, subject to appropriation, be used by the
Secretary of State for any or all of the following purposes:
(1) For general automation efforts within operations
of the Office of Secretary of State.
(2) For technology applications in any form that will
enhance the operational capabilities of the Office of
Secretary of State.
(3) To provide funds for any type of library grants
authorized and administered by the Secretary of State as
State Librarian.
These funds are in addition to any other funds otherwise
authorized to the Office of Secretary of State for like or
similar purposes.
On August 15, 1997, all fiscal year 1997 receipts that
exceed the amount of $15,000,000 shall be transferred from this
Fund to the Statistical Services Revolving Fund; on August 15,
1998 and each year thereafter through 2000, all receipts from
the fiscal year ending on the previous June 30th that exceed
the amount of $17,000,000 shall be transferred from this Fund

SB1606 - 43 - LRB100 11198 RPS 21501 b
to the Statistical Services Revolving Fund; on August 15, 2001
and each year thereafter through 2002, all receipts from the
fiscal year ending on the previous June 30th that exceed the
amount of $19,000,000 shall be transferred from this Fund to
the Statistical Services Revolving Fund; and on August 15, 2003
and each year thereafter, all receipts from the fiscal year
ending on the previous June 30th that exceed the amount of
$33,000,000 shall be transferred from this Fund to the
Statistical Services Revolving Fund.
(Source: P.A. 92-32, eff. 7-1-01; 93-32, eff. 7-1-03.)
(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 state agencies subject to subsection
(b) of Section 30 of the Department of Innovation and
Technology Act Section 405-20 of the Department of Central
Management Services Law (20 ILCS 405/405-20), 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
Statistical Services Revolving Fund. However, no contract
shall be entered into or obligation incurred for any
expenditure from the Technology Management Statistical

SB1606 - 44 - LRB100 11198 RPS 21501 b
Services Revolving Fund until after the purpose and amount has
been approved in writing by the Secretary of Innovation and
Technology Director of Central Management Services. 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 30 of the Department of Innovation and
Technology Act that Section 405-20 shall, on written approval
of the Secretary of Innovation and Technology Director of
Central Management Services, pay the cost of operating and
maintaining electronic data processing systems from current
appropriations as classified and standardized in "An Act in
relation to State finance", approved June 10, 1919, as amended.
(Source: P.A. 91-239, eff. 1-1-00.)
(30 ILCS 105/8.16b) (from Ch. 127, par. 144.16b)
Sec. 8.16b. Appropriations for expenses related to
communications services pursuant to the Civil Administrative
Code of Illinois are payable from the Communications Revolving
Fund. However, no contract shall be entered into or obligation
incurred for any expenditure from the Communications Revolving
Fund until after the purpose and amount has been approved in
writing by the Secretary of Innovation and Technology Director
of Central Management Services.
(Source: P.A. 87-817.)

SB1606 - 45 - LRB100 11198 RPS 21501 b
Section 945. The Grant Information Collection Act is
amended by changing Section 10 as follows:
(30 ILCS 707/10)
Sec. 10. Grant information collection. The Secretary of
Innovation and Technology Chief Information Officer of the
State, as designated by the Governor, shall coordinate with
each State agency to develop, with any existing or newly
available resources and technology, appropriate systems to
accurately report data containing financial information. These
systems shall include a module that is specific to the
management and administration of grant funds.
Each grantor agency that is authorized to award grant funds
to an entity other than the State of Illinois shall coordinate
with the Secretary of Innovation and Technology Chief
Information Officer of the State to provide for the
publication, at data.illinois.gov or any other publicly
accessible website designated by the Chief Information
Officer, of data sets containing information regarding awards
of grant funds that the grantor agency has made during the
previous fiscal year. Data sets shall be published on at least
a quarterly basis and shall include, at a minimum, the
following:
(1) the name of the grantor agency;
(2) the name and postal zip code of the grantee;

SB1606 - 46 - LRB100 11198 RPS 21501 b
(3) a short description of the purpose of the award of
grant funds;
(4) the amount of each award of grant funds;
(5) the date of each award of grant funds; and
(6) the duration of each award of grant funds.
In addition, each grantor agency shall make best efforts,
with available resources and technology, to make available in
the data sets any other data that is relevant to its award of
grant funds.
Data not subject to the requirements of this Section
include data to which a State agency may deny access pursuant
to any provision of a federal, State, or local law, rule, or
regulation.
(Source: P.A. 98-589, eff. 1-1-14.)
Section 950. The Illinois Pension Code is amended by
changing Sections 1-160, 14-110, and 15-106 as follows:
(40 ILCS 5/1-160)
(Text of Section WITHOUT the changes made by P.A. 98-641,
which has been held unconstitutional)
Sec. 1-160. Provisions applicable to new hires.
(a) The provisions of this Section apply to a person who,
on or after January 1, 2011, first becomes a member or a
participant under any reciprocal retirement system or pension
fund established under this Code, other than a retirement

SB1606 - 47 - LRB100 11198 RPS 21501 b
system or pension fund established under Article 2, 3, 4, 5, 6,
15 or 18 of this Code, notwithstanding any other provision of
this Code to the contrary, but do not apply to any self-managed
plan established under this Code, to any person with respect to
service as a sheriff's law enforcement employee under Article
7, or to any participant of the retirement plan established
under Section 22-101. Notwithstanding anything to the contrary
in this Section, for purposes of this Section, a person who
participated in a retirement system under Article 15 prior to
January 1, 2011 shall be deemed a person who first became a
member or participant prior to January 1, 2011 under any
retirement system or pension fund subject to this Section. The
changes made to this Section by Public Act 98-596 this
amendatory Act of the 98th General Assembly are a clarification
of existing law and are intended to be retroactive to January
1, 2011 (the effective date of Public Act 96-889),
notwithstanding the provisions of Section 1-103.1 of this Code.
(b) "Final average salary" means the average monthly (or
annual) salary obtained by dividing the total salary or
earnings calculated under the Article applicable to the member
or participant during the 96 consecutive months (or 8
consecutive years) of service within the last 120 months (or 10
years) of service in which the total salary or earnings
calculated under the applicable Article was the highest by the
number of months (or years) of service in that period. For the
purposes of a person who first becomes a member or participant

SB1606 - 48 - LRB100 11198 RPS 21501 b
of any retirement system or pension fund to which this Section
applies on or after January 1, 2011, in this Code, "final
average salary" shall be substituted for the following:
(1) In Article 7 (except for service as sheriff's law
enforcement employees), "final rate of earnings".
(2) In Articles 8, 9, 10, 11, and 12, "highest average
annual salary for any 4 consecutive years within the last
10 years of service immediately preceding the date of
withdrawal".
(3) In Article 13, "average final salary".
(4) In Article 14, "final average compensation".
(5) In Article 17, "average salary".
(6) In Section 22-207, "wages or salary received by him
at the date of retirement or discharge".
(b-5) Beginning on January 1, 2011, for all purposes under
this Code (including without limitation the calculation of
benefits and employee contributions), the annual earnings,
salary, or wages (based on the plan year) of a member or
participant to whom this Section applies shall not exceed
$106,800; however, that amount shall annually thereafter be
increased by the lesser of (i) 3% of that amount, including all
previous adjustments, or (ii) one-half the annual unadjusted
percentage increase (but not less than zero) in the consumer
price index-u for the 12 months ending with the September
preceding each November 1, including all previous adjustments.
For the purposes of this Section, "consumer price index-u"

SB1606 - 49 - LRB100 11198 RPS 21501 b
means the index published by the Bureau of Labor Statistics of
the United States Department of Labor that measures the average
change in prices of goods and services purchased by all urban
consumers, United States city average, all items, 1982-84 =
100. The new amount resulting from each annual adjustment shall
be determined by the Public Pension Division of the Department
of Insurance and made available to the boards of the retirement
systems and pension funds by November 1 of each year.
(c) A member or participant is entitled to a retirement
annuity upon written application if he or she has attained age
67 (beginning January 1, 2015, age 65 with respect to service
under Article 12 of this Code that is subject to this Section)
and has at least 10 years of service credit and is otherwise
eligible under the requirements of the applicable Article.
A member or participant who has attained age 62 (beginning
January 1, 2015, age 60 with respect to service under Article
12 of this Code that is subject to this Section) and has at
least 10 years of service credit and is otherwise eligible
under the requirements of the applicable Article may elect to
receive the lower retirement annuity provided in subsection (d)
of this Section.
(d) The retirement annuity of a member or participant who
is retiring after attaining age 62 (beginning January 1, 2015,
age 60 with respect to service under Article 12 of this Code
that is subject to this Section) with at least 10 years of
service credit shall be reduced by one-half of 1% for each full

SB1606 - 50 - LRB100 11198 RPS 21501 b
month that the member's age is under age 67 (beginning January
1, 2015, age 65 with respect to service under Article 12 of
this Code that is subject to this Section).
(e) Any retirement annuity or supplemental annuity shall be
subject to annual increases on the January 1 occurring either
on or after the attainment of age 67 (beginning January 1,
2015, age 65 with respect to service under Article 12 of this
Code that is subject to this Section) or the first anniversary
of the annuity start date, whichever is later. Each annual
increase shall be calculated at 3% or one-half the annual
unadjusted percentage increase (but not less than zero) in the
consumer price index-u for the 12 months ending with the
September preceding each November 1, whichever is less, of the
originally granted retirement annuity. If the annual
unadjusted percentage change in the consumer price index-u for
the 12 months ending with the September preceding each November
1 is zero or there is a decrease, then the annuity shall not be
increased.
(f) The initial survivor's or widow's annuity of an
otherwise eligible survivor or widow of a retired member or
participant who first became a member or participant on or
after January 1, 2011 shall be in the amount of 66 2/3% of the
retired member's or participant's retirement annuity at the
date of death. In the case of the death of a member or
participant who has not retired and who first became a member
or participant on or after January 1, 2011, eligibility for a

SB1606 - 51 - LRB100 11198 RPS 21501 b
survivor's or widow's annuity shall be determined by the
applicable Article of this Code. The initial benefit shall be
66 2/3% of the earned annuity without a reduction due to age. A
child's annuity of an otherwise eligible child shall be in the
amount prescribed under each Article if applicable. Any
survivor's or widow's annuity shall be increased (1) on each
January 1 occurring on or after the commencement of the annuity
if the deceased member died while receiving a retirement
annuity or (2) in other cases, on each January 1 occurring
after the first anniversary of the commencement of the annuity.
Each annual increase shall be calculated at 3% or one-half the
annual unadjusted percentage increase (but not less than zero)
in the consumer price index-u for the 12 months ending with the
September preceding each November 1, whichever is less, of the
originally granted survivor's annuity. If the annual
unadjusted percentage change in the consumer price index-u for
the 12 months ending with the September preceding each November
1 is zero or there is a decrease, then the annuity shall not be
increased.
(g) The benefits in Section 14-110 apply only if the person
is a State policeman, a fire fighter in the fire protection
service of a department, or a security employee of the
Department of Corrections or the Department of Juvenile
Justice, or a security employee of the Department of Innovation
and Technology, as those terms are defined in subsection (b)
and subsection (c) of Section 14-110. A person who meets the

SB1606 - 52 - LRB100 11198 RPS 21501 b
requirements of this Section is entitled to an annuity
calculated under the provisions of Section 14-110, in lieu of
the regular or minimum retirement annuity, only if the person
has withdrawn from service with not less than 20 years of
eligible creditable service and has attained age 60, regardless
of whether the attainment of age 60 occurs while the person is
still in service.
(h) If a person who first becomes a member or a participant
of a retirement system or pension fund subject to this Section
on or after January 1, 2011 is receiving a retirement annuity
or retirement pension under that system or fund and becomes a
member or participant under any other system or fund created by
this Code and is employed on a full-time basis, except for
those members or participants exempted from the provisions of
this Section under subsection (a) of this Section, then the
person's retirement annuity or retirement pension under that
system or fund shall be suspended during that employment. Upon
termination of that employment, the person's retirement
annuity or retirement pension payments shall resume and be
recalculated if recalculation is provided for under the
applicable Article of this Code.
If a person who first becomes a member of a retirement
system or pension fund subject to this Section on or after
January 1, 2012 and is receiving a retirement annuity or
retirement pension under that system or fund and accepts on a
contractual basis a position to provide services to a

SB1606 - 53 - LRB100 11198 RPS 21501 b
governmental entity from which he or she has retired, then that
person's annuity or retirement pension earned as an active
employee of the employer shall be suspended during that
contractual service. A person receiving an annuity or
retirement pension under this Code shall notify the pension
fund or retirement system from which he or she is receiving an
annuity or retirement pension, as well as his or her
contractual employer, of his or her retirement status before
accepting contractual employment. A person who fails to submit
such notification shall be guilty of a Class A misdemeanor and
required to pay a fine of $1,000. Upon termination of that
contractual employment, the person's retirement annuity or
retirement pension payments shall resume and, if appropriate,
be recalculated under the applicable provisions of this Code.
(i) (Blank).
(j) In the case of a conflict between the provisions of
this Section and any other provision of this Code, the
provisions of this Section shall control.
(Source: P.A. 97-609, eff. 1-1-12; 98-92, eff. 7-16-13; 98-596,
eff. 11-19-13; 98-622, eff. 6-1-14; revised 3-24-16.)
(40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)
(Text of Section WITHOUT the changes made by P.A. 98-599,
which has been held unconstitutional)
Sec. 14-110. Alternative retirement annuity.
(a) Any member who has withdrawn from service with not less

SB1606 - 54 - LRB100 11198 RPS 21501 b
than 20 years of eligible creditable service and has attained
age 55, and any member who has withdrawn from service with not
less than 25 years of eligible creditable service and has
attained age 50, regardless of whether the attainment of either
of the specified ages occurs while the member is still in
service, shall be entitled to receive at the option of the
member, in lieu of the regular or minimum retirement annuity, a
retirement annuity computed as follows:
(i) for periods of service as a noncovered employee: if
retirement occurs on or after January 1, 2001, 3% of final
average compensation for each year of creditable service;
if retirement occurs before January 1, 2001, 2 1/4% of
final average compensation for each of the first 10 years
of creditable service, 2 1/2% for each year above 10 years
to and including 20 years of creditable service, and 2 3/4%
for each year of creditable service above 20 years; and
(ii) for periods of eligible creditable service as a
covered employee: if retirement occurs on or after January
1, 2001, 2.5% of final average compensation for each year
of creditable service; if retirement occurs before January
1, 2001, 1.67% of final average compensation for each of
the first 10 years of such service, 1.90% for each of the
next 10 years of such service, 2.10% for each year of such
service in excess of 20 but not exceeding 30, and 2.30% for
each year in excess of 30.
Such annuity shall be subject to a maximum of 75% of final

SB1606 - 55 - LRB100 11198 RPS 21501 b
average compensation if retirement occurs before January 1,
2001 or to a maximum of 80% of final average compensation if
retirement occurs on or after January 1, 2001.
These rates shall not be applicable to any service
performed by a member as a covered employee which is not
eligible creditable service. Service as a covered employee
which is not eligible creditable service shall be subject to
the rates and provisions of Section 14-108.
(b) For the purpose of this Section, "eligible creditable
service" means creditable service resulting from service in one
or more of the following positions:
(1) State policeman;
(2) fire fighter in the fire protection service of a
department;
(3) air pilot;
(4) special agent;
(5) investigator for the Secretary of State;
(6) conservation police officer;
(7) investigator for the Department of Revenue or the
Illinois Gaming Board;
(8) security employee of the Department of Human
Services;
(9) Central Management Services security police
officer;
(10) security employee of the Department of
Corrections or the Department of Juvenile Justice;

SB1606 - 56 - LRB100 11198 RPS 21501 b
(11) dangerous drugs investigator;
(12) investigator for the Department of State Police;
(13) investigator for the Office of the Attorney
General;
(14) controlled substance inspector;
(15) investigator for the Office of the State's
Attorneys Appellate Prosecutor;
(16) Commerce Commission police officer;
(17) arson investigator;
(18) State highway maintenance worker; .
(19) security employee of the Department of Innovation
and Technology.
A person employed in one of the positions specified in this
subsection is entitled to eligible creditable service for
service credit earned under this Article while undergoing the
basic police training course approved by the Illinois Law
Enforcement Training Standards Board, if completion of that
training is required of persons serving in that position. For
the purposes of this Code, service during the required basic
police training course shall be deemed performance of the
duties of the specified position, even though the person is not
a sworn peace officer at the time of the training.
(c) For the purposes of this Section:
(1) The term "state policeman" includes any title or
position in the Department of State Police that is held by
an individual employed under the State Police Act.

SB1606 - 57 - LRB100 11198 RPS 21501 b
(2) The term "fire fighter in the fire protection
service of a department" includes all officers in such fire
protection service including fire chiefs and assistant
fire chiefs.
(3) The term "air pilot" includes any employee whose
official job description on file in the Department of
Central Management Services, or in the department by which
he is employed if that department is not covered by the
Personnel Code, states that his principal duty is the
operation of aircraft, and who possesses a pilot's license;
however, the change in this definition made by this
amendatory Act of 1983 shall not operate to exclude any
noncovered employee who was an "air pilot" for the purposes
of this Section on January 1, 1984.
(4) The term "special agent" means any person who by
reason of employment by the Division of Narcotic Control,
the Bureau of Investigation or, after July 1, 1977, the
Division of Criminal Investigation, the Division of
Internal Investigation, the Division of Operations, or any
other Division or organizational entity in the Department
of State Police is vested by law with duties to maintain
public order, investigate violations of the criminal law of
this State, enforce the laws of this State, make arrests
and recover property. The term "special agent" includes any
title or position in the Department of State Police that is
held by an individual employed under the State Police Act.

SB1606 - 58 - LRB100 11198 RPS 21501 b
(5) The term "investigator for the Secretary of State"
means any person employed by the Office of the Secretary of
State and vested with such investigative duties as render
him ineligible for coverage under the Social Security Act
by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
218(l)(1) of that Act.
A person who became employed as an investigator for the
Secretary of State between January 1, 1967 and December 31,
1975, and who has served as such until attainment of age
60, either continuously or with a single break in service
of not more than 3 years duration, which break terminated
before January 1, 1976, shall be entitled to have his
retirement annuity calculated in accordance with
subsection (a), notwithstanding that he has less than 20
years of credit for such service.
(6) The term "Conservation Police Officer" means any
person employed by the Division of Law Enforcement of the
Department of Natural Resources and vested with such law
enforcement duties as render him ineligible for coverage
under the Social Security Act by reason of Sections
218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of that Act. The
term "Conservation Police Officer" includes the positions
of Chief Conservation Police Administrator and Assistant
Conservation Police Administrator.
(7) The term "investigator for the Department of
Revenue" means any person employed by the Department of

SB1606 - 59 - LRB100 11198 RPS 21501 b
Revenue and vested with such investigative duties as render
him ineligible for coverage under the Social Security Act
by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
218(l)(1) of that Act.
The term "investigator for the Illinois Gaming Board"
means any person employed as such by the Illinois Gaming
Board and vested with such peace officer duties as render
the person ineligible for coverage under the Social
Security Act by reason of Sections 218(d)(5)(A),
218(d)(8)(D), and 218(l)(1) of that Act.
(8) The term "security employee of the Department of
Human Services" means any person employed by the Department
of Human Services who (i) is employed at the Chester Mental
Health Center and has daily contact with the residents
thereof, (ii) is employed within a security unit at a
facility operated by the Department and has daily contact
with the residents of the security unit, (iii) is employed
at a facility operated by the Department that includes a
security unit and is regularly scheduled to work at least
50% of his or her working hours within that security unit,
or (iv) is a mental health police officer. "Mental health
police officer" means any person employed by the Department
of Human Services in a position pertaining to the
Department's mental health and developmental disabilities
functions who is vested with such law enforcement duties as
render the person ineligible for coverage under the Social

SB1606 - 60 - LRB100 11198 RPS 21501 b
Security Act by reason of Sections 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act. "Security unit"
means that portion of a facility that is devoted to the
care, containment, and treatment of persons committed to
the Department of Human Services as sexually violent
persons, persons unfit to stand trial, or persons not
guilty by reason of insanity. With respect to past
employment, references to the Department of Human Services
include its predecessor, the Department of Mental Health
and Developmental Disabilities.
The changes made to this subdivision (c)(8) by Public
Act 92-14 apply to persons who retire on or after January
1, 2001, notwithstanding Section 1-103.1.
(9) "Central Management Services security police
officer" means any person employed by the Department of
Central Management Services who is vested with such law
enforcement duties as render him ineligible for coverage
under the Social Security Act by reason of Sections
218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
(10) For a member who first became an employee under
this Article before July 1, 2005, the term "security
employee of the Department of Corrections or the Department
of Juvenile Justice" means any employee of the Department
of Corrections or the Department of Juvenile Justice or the
former Department of Personnel, and any member or employee
of the Prisoner Review Board, who has daily contact with

SB1606 - 61 - LRB100 11198 RPS 21501 b
inmates or youth by working within a correctional facility
or Juvenile facility operated by the Department of Juvenile
Justice or who is a parole officer or an employee who has
direct contact with committed persons in the performance of
his or her job duties. For a member who first becomes an
employee under this Article on or after July 1, 2005, the
term means an employee of the Department of Corrections or
the Department of Juvenile Justice who is any of the
following: (i) officially headquartered at a correctional
facility or Juvenile facility operated by the Department of
Juvenile Justice, (ii) a parole officer, (iii) a member of
the apprehension unit, (iv) a member of the intelligence
unit, (v) a member of the sort team, or (vi) an
investigator.
(11) The term "dangerous drugs investigator" means any
person who is employed as such by the Department of Human
Services.
(12) The term "investigator for the Department of State
Police" means a person employed by the Department of State
Police who is vested under Section 4 of the Narcotic
Control Division Abolition Act with such law enforcement
powers as render him ineligible for coverage under the
Social Security Act by reason of Sections 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act.
(13) "Investigator for the Office of the Attorney
General" means any person who is employed as such by the

SB1606 - 62 - LRB100 11198 RPS 21501 b
Office of the Attorney General and is vested with such
investigative duties as render him ineligible for coverage
under the Social Security Act by reason of Sections
218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. For
the period before January 1, 1989, the term includes all
persons who were employed as investigators by the Office of
the Attorney General, without regard to social security
status.
(14) "Controlled substance inspector" means any person
who is employed as such by the Department of Professional
Regulation and is vested with such law enforcement duties
as render him ineligible for coverage under the Social
Security Act by reason of Sections 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act. The term
"controlled substance inspector" includes the Program
Executive of Enforcement and the Assistant Program
Executive of Enforcement.
(15) The term "investigator for the Office of the
State's Attorneys Appellate Prosecutor" means a person
employed in that capacity on a full time basis under the
authority of Section 7.06 of the State's Attorneys
Appellate Prosecutor's Act.
(16) "Commerce Commission police officer" means any
person employed by the Illinois Commerce Commission who is
vested with such law enforcement duties as render him
ineligible for coverage under the Social Security Act by

SB1606 - 63 - LRB100 11198 RPS 21501 b
reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
218(l)(1) of that Act.
(17) "Arson investigator" means any person who is
employed as such by the Office of the State Fire Marshal
and is vested with such law enforcement duties as render
the person ineligible for coverage under the Social
Security Act by reason of Sections 218(d)(5)(A),
218(d)(8)(D), and 218(l)(1) of that Act. A person who was
employed as an arson investigator on January 1, 1995 and is
no longer in service but not yet receiving a retirement
annuity may convert his or her creditable service for
employment as an arson investigator into eligible
creditable service by paying to the System the difference
between the employee contributions actually paid for that
service and the amounts that would have been contributed if
the applicant were contributing at the rate applicable to
persons with the same social security status earning
eligible creditable service on the date of application.
(18) The term "State highway maintenance worker" means
a person who is either of the following:
(i) A person employed on a full-time basis by the
Illinois Department of Transportation in the position
of highway maintainer, highway maintenance lead
worker, highway maintenance lead/lead worker, heavy
construction equipment operator, power shovel
operator, or bridge mechanic; and whose principal

SB1606 - 64 - LRB100 11198 RPS 21501 b
responsibility is to perform, on the roadway, the
actual maintenance necessary to keep the highways that
form a part of the State highway system in serviceable
condition for vehicular traffic.
(ii) A person employed on a full-time basis by the
Illinois State Toll Highway Authority in the position
of equipment operator/laborer H-4, equipment
operator/laborer H-6, welder H-4, welder H-6,
mechanical/electrical H-4, mechanical/electrical H-6,
water/sewer H-4, water/sewer H-6, sign maker/hanger
H-4, sign maker/hanger H-6, roadway lighting H-4,
roadway lighting H-6, structural H-4, structural H-6,
painter H-4, or painter H-6; and whose principal
responsibility is to perform, on the roadway, the
actual maintenance necessary to keep the Authority's
tollways in serviceable condition for vehicular
traffic.
(19) The term "security employee of the Department of
Innovation and Technology" means a person who was a
security employee of the Department of Corrections or the
Department of Juvenile Justice, was transferred to the
Department of Innovation and Technology pursuant to
Executive Order 2016-01, and continues to perform similar
job functions under that Department.
(d) A security employee of the Department of Corrections or
the Department of Juvenile Justice, and a security employee of

SB1606 - 65 - LRB100 11198 RPS 21501 b
the Department of Human Services who is not a mental health
police officer, and a security employee of the Department of
Innovation and Technology shall not be eligible for the
alternative retirement annuity provided by this Section unless
he or she meets the following minimum age and service
requirements at the time of retirement:
(i) 25 years of eligible creditable service and age 55;
or
(ii) beginning January 1, 1987, 25 years of eligible
creditable service and age 54, or 24 years of eligible
creditable service and age 55; or
(iii) beginning January 1, 1988, 25 years of eligible
creditable service and age 53, or 23 years of eligible
creditable service and age 55; or
(iv) beginning January 1, 1989, 25 years of eligible
creditable service and age 52, or 22 years of eligible
creditable service and age 55; or
(v) beginning January 1, 1990, 25 years of eligible
creditable service and age 51, or 21 years of eligible
creditable service and age 55; or
(vi) beginning January 1, 1991, 25 years of eligible
creditable service and age 50, or 20 years of eligible
creditable service and age 55.
Persons who have service credit under Article 16 of this
Code for service as a security employee of the Department of
Corrections or the Department of Juvenile Justice, or the

SB1606 - 66 - LRB100 11198 RPS 21501 b
Department of Human Services in a position requiring
certification as a teacher may count such service toward
establishing their eligibility under the service requirements
of this Section; but such service may be used only for
establishing such eligibility, and not for the purpose of
increasing or calculating any benefit.
(e) If a member enters military service while working in a
position in which eligible creditable service may be earned,
and returns to State service in the same or another such
position, and fulfills in all other respects the conditions
prescribed in this Article for credit for military service,
such military service shall be credited as eligible creditable
service for the purposes of the retirement annuity prescribed
in this Section.
(f) For purposes of calculating retirement annuities under
this Section, periods of service rendered after December 31,
1968 and before October 1, 1975 as a covered employee in the
position of special agent, conservation police officer, mental
health police officer, or investigator for the Secretary of
State, shall be deemed to have been service as a noncovered
employee, provided that the employee pays to the System prior
to retirement an amount equal to (1) the difference between the
employee contributions that would have been required for such
service as a noncovered employee, and the amount of employee
contributions actually paid, plus (2) if payment is made after
July 31, 1987, regular interest on the amount specified in item

SB1606 - 67 - LRB100 11198 RPS 21501 b
(1) from the date of service to the date of payment.
For purposes of calculating retirement annuities under
this Section, periods of service rendered after December 31,
1968 and before January 1, 1982 as a covered employee in the
position of investigator for the Department of Revenue shall be
deemed to have been service as a noncovered employee, provided
that the employee pays to the System prior to retirement an
amount equal to (1) the difference between the employee
contributions that would have been required for such service as
a noncovered employee, and the amount of employee contributions
actually paid, plus (2) if payment is made after January 1,
1990, regular interest on the amount specified in item (1) from
the date of service to the date of payment.
(g) A State policeman may elect, not later than January 1,
1990, to establish eligible creditable service for up to 10
years of his service as a policeman under Article 3, by filing
a written election with the Board, accompanied by payment of an
amount to be determined by the Board, equal to (i) the
difference between the amount of employee and employer
contributions transferred to the System under Section 3-110.5,
and the amounts that would have been contributed had such
contributions been made at the rates applicable to State
policemen, plus (ii) interest thereon at the effective rate for
each year, compounded annually, from the date of service to the
date of payment.
Subject to the limitation in subsection (i), a State

SB1606 - 68 - LRB100 11198 RPS 21501 b
policeman may elect, not later than July 1, 1993, to establish
eligible creditable service for up to 10 years of his service
as a member of the County Police Department under Article 9, by
filing a written election with the Board, accompanied by
payment of an amount to be determined by the Board, equal to
(i) the difference between the amount of employee and employer
contributions transferred to the System under Section 9-121.10
and the amounts that would have been contributed had those
contributions been made at the rates applicable to State
policemen, plus (ii) interest thereon at the effective rate for
each year, compounded annually, from the date of service to the
date of payment.
(h) Subject to the limitation in subsection (i), a State
policeman or investigator for the Secretary of State may elect
to establish eligible creditable service for up to 12 years of
his service as a policeman under Article 5, by filing a written
election with the Board on or before January 31, 1992, and
paying to the System by January 31, 1994 an amount to be
determined by the Board, equal to (i) the difference between
the amount of employee and employer contributions transferred
to the System under Section 5-236, and the amounts that would
have been contributed had such contributions been made at the
rates applicable to State policemen, plus (ii) interest thereon
at the effective rate for each year, compounded annually, from
the date of service to the date of payment.
Subject to the limitation in subsection (i), a State

SB1606 - 69 - LRB100 11198 RPS 21501 b
policeman, conservation police officer, or investigator for
the Secretary of State may elect to establish eligible
creditable service for up to 10 years of service as a sheriff's
law enforcement employee under Article 7, by filing a written
election with the Board on or before January 31, 1993, and
paying to the System by January 31, 1994 an amount to be
determined by the Board, equal to (i) the difference between
the amount of employee and employer contributions transferred
to the System under Section 7-139.7, and the amounts that would
have been contributed had such contributions been made at the
rates applicable to State policemen, plus (ii) interest thereon
at the effective rate for each year, compounded annually, from
the date of service to the date of payment.
Subject to the limitation in subsection (i), a State
policeman, conservation police officer, or investigator for
the Secretary of State may elect to establish eligible
creditable service for up to 5 years of service as a police
officer under Article 3, a policeman under Article 5, a
sheriff's law enforcement employee under Article 7, a member of
the county police department under Article 9, or a police
officer under Article 15 by filing a written election with the
Board and paying to the System an amount to be determined by
the Board, equal to (i) the difference between the amount of
employee and employer contributions transferred to the System
under Section 3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4
and the amounts that would have been contributed had such

SB1606 - 70 - LRB100 11198 RPS 21501 b
contributions been made at the rates applicable to State
policemen, plus (ii) interest thereon at the effective rate for
each year, compounded annually, from the date of service to the
date of payment.
Subject to the limitation in subsection (i), an
investigator for the Office of the Attorney General, or an
investigator for the Department of Revenue, may elect to
establish eligible creditable service for up to 5 years of
service as a police officer under Article 3, a policeman under
Article 5, a sheriff's law enforcement employee under Article
7, or a member of the county police department under Article 9
by filing a written election with the Board within 6 months
after August 25, 2009 (the effective date of Public Act 96-745)
and paying to the System an amount to be determined by the
Board, equal to (i) the difference between the amount of
employee and employer contributions transferred to the System
under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the
amounts that would have been contributed had such contributions
been made at the rates applicable to State policemen, plus (ii)
interest thereon at the actuarially assumed rate for each year,
compounded annually, from the date of service to the date of
payment.
Subject to the limitation in subsection (i), a State
policeman, conservation police officer, investigator for the
Office of the Attorney General, an investigator for the
Department of Revenue, or investigator for the Secretary of

SB1606 - 71 - LRB100 11198 RPS 21501 b
State may elect to establish eligible creditable service for up
to 5 years of service as a person employed by a participating
municipality to perform police duties, or law enforcement
officer employed on a full-time basis by a forest preserve
district under Article 7, a county corrections officer, or a
court services officer under Article 9, by filing a written
election with the Board within 6 months after August 25, 2009
(the effective date of Public Act 96-745) and paying to the
System an amount to be determined by the Board, equal to (i)
the difference between the amount of employee and employer
contributions transferred to the System under Sections 7-139.8
and 9-121.10 and the amounts that would have been contributed
had such contributions been made at the rates applicable to
State policemen, plus (ii) interest thereon at the actuarially
assumed rate for each year, compounded annually, from the date
of service to the date of payment.
(i) The total amount of eligible creditable service
established by any person under subsections (g), (h), (j), (k),
and (l) of this Section shall not exceed 12 years.
(j) Subject to the limitation in subsection (i), an
investigator for the Office of the State's Attorneys Appellate
Prosecutor or a controlled substance inspector may elect to
establish eligible creditable service for up to 10 years of his
service as a policeman under Article 3 or a sheriff's law
enforcement employee under Article 7, by filing a written
election with the Board, accompanied by payment of an amount to

SB1606 - 72 - LRB100 11198 RPS 21501 b
be determined by the Board, equal to (1) the difference between
the amount of employee and employer contributions transferred
to the System under Section 3-110.6 or 7-139.8, and the amounts
that would have been contributed had such contributions been
made at the rates applicable to State policemen, plus (2)
interest thereon at the effective rate for each year,
compounded annually, from the date of service to the date of
payment.
(k) Subject to the limitation in subsection (i) of this
Section, an alternative formula employee may elect to establish
eligible creditable service for periods spent as a full-time
law enforcement officer or full-time corrections officer
employed by the federal government or by a state or local
government located outside of Illinois, for which credit is not
held in any other public employee pension fund or retirement
system. To obtain this credit, the applicant must file a
written application with the Board by March 31, 1998,
accompanied by evidence of eligibility acceptable to the Board
and payment of an amount to be determined by the Board, equal
to (1) employee contributions for the credit being established,
based upon the applicant's salary on the first day as an
alternative formula employee after the employment for which
credit is being established and the rates then applicable to
alternative formula employees, plus (2) an amount determined by
the Board to be the employer's normal cost of the benefits
accrued for the credit being established, plus (3) regular

SB1606 - 73 - LRB100 11198 RPS 21501 b
interest on the amounts in items (1) and (2) from the first day
as an alternative formula employee after the employment for
which credit is being established to the date of payment.
(l) Subject to the limitation in subsection (i), a security
employee of the Department of Corrections may elect, not later
than July 1, 1998, to establish eligible creditable service for
up to 10 years of his or her service as a policeman under
Article 3, by filing a written election with the Board,
accompanied by payment of an amount to be determined by the
Board, equal to (i) the difference between the amount of
employee and employer contributions transferred to the System
under Section 3-110.5, and the amounts that would have been
contributed had such contributions been made at the rates
applicable to security employees of the Department of
Corrections, plus (ii) interest thereon at the effective rate
for each year, compounded annually, from the date of service to
the date of payment.
(m) The amendatory changes to this Section made by this
amendatory Act of the 94th General Assembly apply only to: (1)
security employees of the Department of Juvenile Justice
employed by the Department of Corrections before the effective
date of this amendatory Act of the 94th General Assembly and
transferred to the Department of Juvenile Justice by this
amendatory Act of the 94th General Assembly; and (2) persons
employed by the Department of Juvenile Justice on or after the
effective date of this amendatory Act of the 94th General

SB1606 - 74 - LRB100 11198 RPS 21501 b
Assembly who are required by subsection (b) of Section 3-2.5-15
of the Unified Code of Corrections to have a bachelor's or
advanced degree from an accredited college or university with a
specialization in criminal justice, education, psychology,
social work, or a closely related social science or, in the
case of persons who provide vocational training, who are
required to have adequate knowledge in the skill for which they
are providing the vocational training.
(n) A person employed in a position under subsection (b) of
this Section who has purchased service credit under subsection
(j) of Section 14-104 or subsection (b) of Section 14-105 in
any other capacity under this Article may convert up to 5 years
of that service credit into service credit covered under this
Section by paying to the Fund an amount equal to (1) the
additional employee contribution required under Section
14-133, plus (2) the additional employer contribution required
under Section 14-131, plus (3) interest on items (1) and (2) at
the actuarially assumed rate from the date of the service to
the date of payment.
(Source: P.A. 95-530, eff. 8-28-07; 95-1036, eff. 2-17-09;
96-37, eff. 7-13-09; 96-745, eff. 8-25-09; 96-1000, eff.
7-2-10.)
(40 ILCS 5/15-106) (from Ch. 108 1/2, par. 15-106)
Sec. 15-106. Employer. "Employer": The University of
Illinois, Southern Illinois University, Chicago State

SB1606 - 75 - LRB100 11198 RPS 21501 b
University, Eastern Illinois University, Governors State
University, Illinois State University, Northeastern Illinois
University, Northern Illinois University, Western Illinois
University, the State Board of Higher Education, the Illinois
Mathematics and Science Academy, the University Civil Service
Merit Board, the Board of Trustees of the State Universities
Retirement System, the Illinois Community College Board,
community college boards, any association of community college
boards organized under Section 3-55 of the Public Community
College Act, the Board of Examiners established under the
Illinois Public Accounting Act, and, only during the period for
which employer contributions required under Section 15-155 are
paid, the following organizations: the alumni associations,
the foundations and the athletic associations which are
affiliated with the universities and colleges included in this
Section as employers. An individual who begins employment on or
after the effective date of this amendatory Act of the 99th
General Assembly with any association of community college
boards organized under Section 3-55 of the Public Community
College Act, the Association of Illinois Middle-Grade Schools,
the Illinois Association of School Administrators, the
Illinois Association for Supervision and Curriculum
Development, the Illinois Principals Association, the Illinois
Association of School Business Officials, the Illinois Special
Olympics, or an entity not defined as an employer in this
Section shall not be deemed an employee for the purposes of

SB1606 - 76 - LRB100 11198 RPS 21501 b
this Article with respect to that employment and shall not be
eligible to participate in the System with respect to that
employment; provided, however, that those individuals who are
both employed by such an entity and are participating in the
System with respect to that employment on the effective date of
this amendatory Act of the 99th General Assembly shall be
allowed to continue as participants in the System for the
duration of that employment.
A department as defined in Section 14-103.04 is an employer
for any person appointed by the Governor under the Civil
Administrative Code of Illinois who is a participating employee
as defined in Section 15-109. The Department of Central
Management Services is an employer with respect to persons
employed by the State Board of Higher Education in positions
with the Illinois Century Network as of June 30, 2004 who
remain continuously employed after that date by the Department
of Central Management Services in positions with the Illinois
Century Network, the Bureau of Communication and Computer
Services, or, if applicable, any successor bureau or the
Department of Innovation and Technology.
The cities of Champaign and Urbana shall be considered
employers, but only during the period for which contributions
are required to be made under subsection (b-1) of Section
15-155 and only with respect to individuals described in
subsection (h) of Section 15-107.
(Source: P.A. 99-830, eff. 1-1-17; 99-897, eff. 1-1-17.)

SB1606 - 77 - LRB100 11198 RPS 21501 b
Section 955. The Illinois Insurance Code is amended by
changing Sections 408, 408.2, 1202, and 1206 as follows:
(215 ILCS 5/408) (from Ch. 73, par. 1020)
Sec. 408. Fees and charges.
(1) The Director shall charge, collect and give proper
acquittances for the payment of the following fees and charges:
(a) For filing all documents submitted for the
incorporation or organization or certification of a
domestic company, except for a fraternal benefit society,
$2,000.
(b) For filing all documents submitted for the
incorporation or organization of a fraternal benefit
society, $500.
(c) For filing amendments to articles of incorporation
and amendments to declaration of organization, except for a
fraternal benefit society, a mutual benefit association, a
burial society or a farm mutual, $200.
(d) For filing amendments to articles of incorporation
of a fraternal benefit society, a mutual benefit
association or a burial society, $100.
(e) For filing amendments to articles of incorporation
of a farm mutual, $50.
(f) For filing bylaws or amendments thereto, $50.
(g) For filing agreement of merger or consolidation:

SB1606 - 78 - LRB100 11198 RPS 21501 b
(i) for a domestic company, except for a fraternal
benefit society, a mutual benefit association, a
burial society, or a farm mutual, $2,000.
(ii) for a foreign or alien company, except for a
fraternal benefit society, $600.
(iii) for a fraternal benefit society, a mutual
benefit association, a burial society, or a farm
mutual, $200.
(h) For filing agreements of reinsurance by a domestic
company, $200.
(i) For filing all documents submitted by a foreign or
alien company to be admitted to transact business or
accredited as a reinsurer in this State, except for a
fraternal benefit society, $5,000.
(j) For filing all documents submitted by a foreign or
alien fraternal benefit society to be admitted to transact
business in this State, $500.
(k) For filing declaration of withdrawal of a foreign
or alien company, $50.
(l) For filing annual statement by a domestic company,
except a fraternal benefit society, a mutual benefit
association, a burial society, or a farm mutual, $200.
(m) For filing annual statement by a domestic fraternal
benefit society, $100.
(n) For filing annual statement by a farm mutual, a
mutual benefit association, or a burial society, $50.

SB1606 - 79 - LRB100 11198 RPS 21501 b
(o) For issuing a certificate of authority or renewal
thereof except to a foreign fraternal benefit society,
$400.
(p) For issuing a certificate of authority or renewal
thereof to a foreign fraternal benefit society, $200.
(q) For issuing an amended certificate of authority,
$50.
(r) For each certified copy of certificate of
authority, $20.
(s) For each certificate of deposit, or valuation, or
compliance or surety certificate, $20.
(t) For copies of papers or records per page, $1.
(u) For each certification to copies of papers or
records, $10.
(v) For multiple copies of documents or certificates
listed in subparagraphs (r), (s), and (u) of paragraph (1)
of this Section, $10 for the first copy of a certificate of
any type and $5 for each additional copy of the same
certificate requested at the same time, unless, pursuant to
paragraph (2) of this Section, the Director finds these
additional fees excessive.
(w) For issuing a permit to sell shares or increase
paid-up capital:
(i) in connection with a public stock offering,
$300;
(ii) in any other case, $100.

SB1606 - 80 - LRB100 11198 RPS 21501 b
(x) For issuing any other certificate required or
permissible under the law, $50.
(y) For filing a plan of exchange of the stock of a
domestic stock insurance company, a plan of
demutualization of a domestic mutual company, or a plan of
reorganization under Article XII, $2,000.
(z) For filing a statement of acquisition of a domestic
company as defined in Section 131.4 of this Code, $2,000.
(aa) For filing an agreement to purchase the business
of an organization authorized under the Dental Service Plan
Act or the Voluntary Health Services Plans Act or of a
health maintenance organization or a limited health
service organization, $2,000.
(bb) For filing a statement of acquisition of a foreign
or alien insurance company as defined in Section 131.12a of
this Code, $1,000.
(cc) For filing a registration statement as required in
Sections 131.13 and 131.14, the notification as required by
Sections 131.16, 131.20a, or 141.4, or an agreement or
transaction required by Sections 124.2(2), 141, 141a, or
141.1, $200.
(dd) For filing an application for licensing of:
(i) a religious or charitable risk pooling trust or
a workers' compensation pool, $1,000;
(ii) a workers' compensation service company,
$500;

SB1606 - 81 - LRB100 11198 RPS 21501 b
(iii) a self-insured automobile fleet, $200; or
(iv) a renewal of or amendment of any license
issued pursuant to (i), (ii), or (iii) above, $100.
(ee) For filing articles of incorporation for a
syndicate to engage in the business of insurance through
the Illinois Insurance Exchange, $2,000.
(ff) For filing amended articles of incorporation for a
syndicate engaged in the business of insurance through the
Illinois Insurance Exchange, $100.
(gg) For filing articles of incorporation for a limited
syndicate to join with other subscribers or limited
syndicates to do business through the Illinois Insurance
Exchange, $1,000.
(hh) For filing amended articles of incorporation for a
limited syndicate to do business through the Illinois
Insurance Exchange, $100.
(ii) For a permit to solicit subscriptions to a
syndicate or limited syndicate, $100.
(jj) For the filing of each form as required in Section
143 of this Code, $50 per form. The fee for advisory and
rating organizations shall be $200 per form.
(i) For the purposes of the form filing fee,
filings made on insert page basis will be considered
one form at the time of its original submission.
Changes made to a form subsequent to its approval shall
be considered a new filing.

SB1606 - 82 - LRB100 11198 RPS 21501 b
(ii) Only one fee shall be charged for a form,
regardless of the number of other forms or policies
with which it will be used.
(iii) Fees charged for a policy filed as it will be
issued regardless of the number of forms comprising
that policy shall not exceed $1,500. For advisory or
rating organizations, fees charged for a policy filed
as it will be issued regardless of the number of forms
comprising that policy shall not exceed $2,500.
(iv) The Director may by rule exempt forms from
such fees.
(kk) For filing an application for licensing of a
reinsurance intermediary, $500.
(ll) For filing an application for renewal of a license
of a reinsurance intermediary, $200.
(2) When printed copies or numerous copies of the same
paper or records are furnished or certified, the Director may
reduce such fees for copies if he finds them excessive. He may,
when he considers it in the public interest, furnish without
charge to state insurance departments and persons other than
companies, copies or certified copies of reports of
examinations and of other papers and records.
(3) The expenses incurred in any performance examination
authorized by law shall be paid by the company or person being
examined. The charge shall be reasonably related to the cost of
the examination including but not limited to compensation of

SB1606 - 83 - LRB100 11198 RPS 21501 b
examiners, electronic data processing costs, supervision and
preparation of an examination report and lodging and travel
expenses. All lodging and travel expenses shall be in accord
with the applicable travel regulations as published by the
Department of Central Management Services and approved by the
Governor's Travel Control Board, except that out-of-state
lodging and travel expenses related to examinations authorized
under Section 132 shall be in accordance with travel rates
prescribed under paragraph 301-7.2 of the Federal Travel
Regulations, 41 C.F.R. 301-7.2, for reimbursement of
subsistence expenses incurred during official travel. All
lodging and travel expenses may be reimbursed directly upon
authorization of the Director. With the exception of the direct
reimbursements authorized by the Director, all performance
examination charges collected by the Department shall be paid
to the Insurance Producer Administration Fund, however, the
electronic data processing costs incurred by the Department in
the performance of any examination shall be billed directly to
the company being examined for payment to the Technology
Management Statistical Services Revolving Fund.
(4) At the time of any service of process on the Director
as attorney for such service, the Director shall charge and
collect the sum of $20, which may be recovered as taxable costs
by the party to the suit or action causing such service to be
made if he prevails in such suit or action.
(5) (a) The costs incurred by the Department of Insurance

SB1606 - 84 - LRB100 11198 RPS 21501 b
in conducting any hearing authorized by law shall be assessed
against the parties to the hearing in such proportion as the
Director of Insurance may determine upon consideration of all
relevant circumstances including: (1) the nature of the
hearing; (2) whether the hearing was instigated by, or for the
benefit of a particular party or parties; (3) whether there is
a successful party on the merits of the proceeding; and (4) the
relative levels of participation by the parties.
(b) For purposes of this subsection (5) costs incurred
shall mean the hearing officer fees, court reporter fees, and
travel expenses of Department of Insurance officers and
employees; provided however, that costs incurred shall not
include hearing officer fees or court reporter fees unless the
Department has retained the services of independent
contractors or outside experts to perform such functions.
(c) The Director shall make the assessment of costs
incurred as part of the final order or decision arising out of
the proceeding; provided, however, that such order or decision
shall include findings and conclusions in support of the
assessment of costs. This subsection (5) shall not be construed
as permitting the payment of travel expenses unless calculated
in accordance with the applicable travel regulations of the
Department of Central Management Services, as approved by the
Governor's Travel Control Board. The Director as part of such
order or decision shall require all assessments for hearing
officer fees and court reporter fees, if any, to be paid

SB1606 - 85 - LRB100 11198 RPS 21501 b
directly to the hearing officer or court reporter by the
party(s) assessed for such costs. The assessments for travel
expenses of Department officers and employees shall be
reimbursable to the Director of Insurance for deposit to the
fund out of which those expenses had been paid.
(d) The provisions of this subsection (5) shall apply in
the case of any hearing conducted by the Director of Insurance
not otherwise specifically provided for by law.
(6) The Director shall charge and collect an annual
financial regulation fee from every domestic company for
examination and analysis of its financial condition and to fund
the internal costs and expenses of the Interstate Insurance
Receivership Commission as may be allocated to the State of
Illinois and companies doing an insurance business in this
State pursuant to Article X of the Interstate Insurance
Receivership Compact. The fee shall be the greater fixed amount
based upon the combination of nationwide direct premium income
and nationwide reinsurance assumed premium income or upon
admitted assets calculated under this subsection as follows:
(a) Combination of nationwide direct premium income
and nationwide reinsurance assumed premium.
(i) $150, if the premium is less than $500,000 and
there is no reinsurance assumed premium;
(ii) $750, if the premium is $500,000 or more, but
less than $5,000,000 and there is no reinsurance
assumed premium; or if the premium is less than

SB1606 - 86 - LRB100 11198 RPS 21501 b
$5,000,000 and the reinsurance assumed premium is less
than $10,000,000;
(iii) $3,750, if the premium is less than
$5,000,000 and the reinsurance assumed premium is
$10,000,000 or more;
(iv) $7,500, if the premium is $5,000,000 or more,
but less than $10,000,000;
(v) $18,000, if the premium is $10,000,000 or more,
but less than $25,000,000;
(vi) $22,500, if the premium is $25,000,000 or
more, but less than $50,000,000;
(vii) $30,000, if the premium is $50,000,000 or
more, but less than $100,000,000;
(viii) $37,500, if the premium is $100,000,000 or
more.
(b) Admitted assets.
(i) $150, if admitted assets are less than
$1,000,000;
(ii) $750, if admitted assets are $1,000,000 or
more, but less than $5,000,000;
(iii) $3,750, if admitted assets are $5,000,000 or
more, but less than $25,000,000;
(iv) $7,500, if admitted assets are $25,000,000 or
more, but less than $50,000,000;
(v) $18,000, if admitted assets are $50,000,000 or
more, but less than $100,000,000;

SB1606 - 87 - LRB100 11198 RPS 21501 b
(vi) $22,500, if admitted assets are $100,000,000
or more, but less than $500,000,000;
(vii) $30,000, if admitted assets are $500,000,000
or more, but less than $1,000,000,000;
(viii) $37,500, if admitted assets are
$1,000,000,000 or more.
(c) The sum of financial regulation fees charged to the
domestic companies of the same affiliated group shall not
exceed $250,000 in the aggregate in any single year and
shall be billed by the Director to the member company
designated by the group.
(7) The Director shall charge and collect an annual
financial regulation fee from every foreign or alien company,
except fraternal benefit societies, for the examination and
analysis of its financial condition and to fund the internal
costs and expenses of the Interstate Insurance Receivership
Commission as may be allocated to the State of Illinois and
companies doing an insurance business in this State pursuant to
Article X of the Interstate Insurance Receivership Compact. The
fee shall be a fixed amount based upon Illinois direct premium
income and nationwide reinsurance assumed premium income in
accordance with the following schedule:
(a) $150, if the premium is less than $500,000 and
there is no reinsurance assumed premium;
(b) $750, if the premium is $500,000 or more, but less
than $5,000,000 and there is no reinsurance assumed

SB1606 - 88 - LRB100 11198 RPS 21501 b
premium; or if the premium is less than $5,000,000 and the
reinsurance assumed premium is less than $10,000,000;
(c) $3,750, if the premium is less than $5,000,000 and
the reinsurance assumed premium is $10,000,000 or more;
(d) $7,500, if the premium is $5,000,000 or more, but
less than $10,000,000;
(e) $18,000, if the premium is $10,000,000 or more, but
less than $25,000,000;
(f) $22,500, if the premium is $25,000,000 or more, but
less than $50,000,000;
(g) $30,000, if the premium is $50,000,000 or more, but
less than $100,000,000;
(h) $37,500, if the premium is $100,000,000 or more.
The sum of financial regulation fees under this subsection
(7) charged to the foreign or alien companies within the same
affiliated group shall not exceed $250,000 in the aggregate in
any single year and shall be billed by the Director to the
member company designated by the group.
(8) Beginning January 1, 1992, the financial regulation
fees imposed under subsections (6) and (7) of this Section
shall be paid by each company or domestic affiliated group
annually. After January 1, 1994, the fee shall be billed by
Department invoice based upon the company's premium income or
admitted assets as shown in its annual statement for the
preceding calendar year. The invoice is due upon receipt and
must be paid no later than June 30 of each calendar year. All

SB1606 - 89 - LRB100 11198 RPS 21501 b
financial regulation fees collected by the Department shall be
paid to the Insurance Financial Regulation Fund. The Department
may not collect financial examiner per diem charges from
companies subject to subsections (6) and (7) of this Section
undergoing financial examination after June 30, 1992.
(9) In addition to the financial regulation fee required by
this Section, a company undergoing any financial examination
authorized by law shall pay the following costs and expenses
incurred by the Department: electronic data processing costs,
the expenses authorized under Section 131.21 and subsection (d)
of Section 132.4 of this Code, and lodging and travel expenses.
Electronic data processing costs incurred by the
Department in the performance of any examination shall be
billed directly to the company undergoing examination for
payment to the Technology Management Statistical Services
Revolving Fund. Except for direct reimbursements authorized by
the Director or direct payments made under Section 131.21 or
subsection (d) of Section 132.4 of this Code, all financial
regulation fees and all financial examination charges
collected by the Department shall be paid to the Insurance
Financial Regulation Fund.
All lodging and travel expenses shall be in accordance with
applicable travel regulations published by the Department of
Central Management Services and approved by the Governor's
Travel Control Board, except that out-of-state lodging and
travel expenses related to examinations authorized under

SB1606 - 90 - LRB100 11198 RPS 21501 b
Sections 132.1 through 132.7 shall be in accordance with travel
rates prescribed under paragraph 301-7.2 of the Federal Travel
Regulations, 41 C.F.R. 301-7.2, for reimbursement of
subsistence expenses incurred during official travel. All
lodging and travel expenses may be reimbursed directly upon the
authorization of the Director.
In the case of an organization or person not subject to the
financial regulation fee, the expenses incurred in any
financial examination authorized by law shall be paid by the
organization or person being examined. The charge shall be
reasonably related to the cost of the examination including,
but not limited to, compensation of examiners and other costs
described in this subsection.
(10) Any company, person, or entity failing to make any
payment of $150 or more as required under this Section shall be
subject to the penalty and interest provisions provided for in
subsections (4) and (7) of Section 412.
(11) Unless otherwise specified, all of the fees collected
under this Section shall be paid into the Insurance Financial
Regulation Fund.
(12) For purposes of this Section:
(a) "Domestic company" means a company as defined in
Section 2 of this Code which is incorporated or organized
under the laws of this State, and in addition includes a
not-for-profit corporation authorized under the Dental
Service Plan Act or the Voluntary Health Services Plans

SB1606 - 91 - LRB100 11198 RPS 21501 b
Act, a health maintenance organization, and a limited
health service organization.
(b) "Foreign company" means a company as defined in
Section 2 of this Code which is incorporated or organized
under the laws of any state of the United States other than
this State and in addition includes a health maintenance
organization and a limited health service organization
which is incorporated or organized under the laws of any
state of the United States other than this State.
(c) "Alien company" means a company as defined in
Section 2 of this Code which is incorporated or organized
under the laws of any country other than the United States.
(d) "Fraternal benefit society" means a corporation,
society, order, lodge or voluntary association as defined
in Section 282.1 of this Code.
(e) "Mutual benefit association" means a company,
association or corporation authorized by the Director to do
business in this State under the provisions of Article
XVIII of this Code.
(f) "Burial society" means a person, firm,
corporation, society or association of individuals
authorized by the Director to do business in this State
under the provisions of Article XIX of this Code.
(g) "Farm mutual" means a district, county and township
mutual insurance company authorized by the Director to do
business in this State under the provisions of the Farm

SB1606 - 92 - LRB100 11198 RPS 21501 b
Mutual Insurance Company Act of 1986.
(Source: P.A. 97-486, eff. 1-1-12; 97-603, eff. 8-26-11;
97-813, eff. 7-13-12; 98-463, eff. 8-16-13.)
(215 ILCS 5/408.2) (from Ch. 73, par. 1020.2)
Sec. 408.2. Statistical Services. Any public record, or any
data obtained by the Department of Insurance, which is subject
to public inspection or copying and which is maintained on a
computer processible medium, may be furnished in a computer
processed or computer processible medium upon the written
request of any applicant and the payment of a reasonable fee
established by the Director sufficient to cover the total cost
of the Department for processing, maintaining and generating
such computer processible records or data, except to the extent
of any salaries or compensation of Department officers or
employees.
The Director of Insurance is specifically authorized to
contract with members of the public at large, enter waiver
agreements, or otherwise enter written agreements for the
purpose of assuring public access to the Department's computer
processible records or data, or for the purpose of restricting,
controlling or limiting such access where necessary to protect
the confidentiality of individuals, companies or other
entities identified by such documents.
All fees collected by the Director under this Section 408.2
shall be deposited in the Technology Management Statistical

SB1606 - 93 - LRB100 11198 RPS 21501 b
Services Revolving Fund and credited to the account of the
Department of Insurance. Any surplus funds remaining in such
account at the close of any fiscal year shall be delivered to
the State Treasurer for deposit in the Insurance Financial
Regulation Fund.
(Source: P.A. 84-989.)
(215 ILCS 5/1202) (from Ch. 73, par. 1065.902)
Sec. 1202. Duties. The Director shall:
(a) determine the relationship of insurance premiums
and related income as compared to insurance costs and
expenses and provide such information to the General
Assembly and the general public;
(b) study the insurance system in the State of
Illinois, and recommend to the General Assembly what it
deems to be the most appropriate and comprehensive cost
containment system for the State;
(c) respond to the requests by agencies of government
and the General Assembly for special studies and analysis
of data collected pursuant to this Article. Such reports
shall be made available in a form prescribed by the
Director. The Director may also determine a fee to be
charged to the requesting agency to cover the direct and
indirect costs for producing such a report, and shall
permit affected insurers the right to review the accuracy
of the report before it is released. The fees shall be

SB1606 - 94 - LRB100 11198 RPS 21501 b
deposited into the Technology Management Statistical
Services Revolving Fund and credited to the account of the
Department of Insurance;
(d) make an interim report to the General Assembly no
later than August 15, 1987, and an annual report to the
General Assembly no later than July 1 every year thereafter
which shall include the Director's findings and
recommendations regarding its duties as provided under
subsections (a), (b), and (c) of this Section.
(Source: P.A. 98-226, eff. 1-1-14; 99-642, eff. 7-28-16.)
(215 ILCS 5/1206) (from Ch. 73, par. 1065.906)
Sec. 1206. Expenses. The companies required to file reports
under this Article shall pay a reasonable fee established by
the Director sufficient to cover the total cost of the
Department incident to or associated with the administration
and enforcement of this Article, including the collection,
analysis and distribution of the insurance cost data, the
conversion of hard copy reports to tape, and the compilation
and analysis of basic reports. The Director may establish a
schedule of fees for this purpose. Expenses for additional
reports shall be billed to those requesting the reports. Any
such fees collected under this Section shall be paid to the
Director of Insurance and deposited into the Technology
Management Statistical Services Revolving Fund and credited to
the account of the Department of Insurance.

SB1606 - 95 - LRB100 11198 RPS 21501 b
(Source: P.A. 84-1431.)
Section 960. The Hydraulic Fracturing Regulatory Act is
amended by changing Section 1-110 as follows:
(225 ILCS 732/1-110)
Sec. 1-110. Public information; website.
(a) All information submitted to the Department under this
Act is deemed public information, except information deemed to
constitute a trade secret under Section 1-77 of this Act and
private information and personal information as defined in the
Freedom of Information Act.
(b) To provide the public and concerned citizens with a
centralized repository of information, the Department, in
consultation with the Department of Innovation and Technology,
shall create and maintain a comprehensive website dedicated to
providing information concerning high volume horizontal
hydraulic fracturing operations. The website shall contain,
assemble, and link the documents and information required by
this Act to be posted on the Department's or other agencies'
websites. The Department of Innovation and Technology, on
behalf of the Department, shall also create and maintain an
online searchable database that provides information related
to high volume horizontal hydraulic fracturing operations on
wells that, at a minimum, includes, for each well it permits,
the identity of its operators, its waste disposal, its chemical

SB1606 - 96 - LRB100 11198 RPS 21501 b
disclosure information, and any complaints or violations under
this Act. The website created under this Section shall allow
users to search for completion reports by well name and
location, dates of fracturing and drilling operations,
operator, and by chemical additives.
(Source: P.A. 98-22, eff. 6-17-13; 99-78, eff. 7-20-15.)
Section 965. The Illinois Public Aid Code is amended by
changing Section 12-10.10 as follows:
(305 ILCS 5/12-10.10)
Sec. 12-10.10. DHS Technology Initiative Fund.
(a) The DHS Technology Initiative Fund is hereby created as
a trust fund within the State treasury with the State Treasurer
as the ex-officio custodian of the Fund.
(b) The Department of Human Services may accept and receive
grants, awards, gifts, and bequests from any source, public or
private, in support of information technology initiatives.
Moneys received in support of information technology
initiatives, and any interest earned thereon, shall be
deposited into the DHS Technology Initiative Fund.
(c) Moneys in the Fund may be used by the Department of
Human Services for the purpose of making grants associated with
the development and implementation of information technology
projects or paying for operational expenses of the Department
of Human Services related to such projects.

SB1606 - 97 - LRB100 11198 RPS 21501 b
(d) The Department of Human Services, in consultation with
the Department of Innovation and Technology, shall use the
funds deposited in the DHS Technology Fund to pay for
information technology solutions either provided by Department
of Innovation and Technology or arranged or coordinated by the
Department of Innovation and Technology.
(Source: P.A. 98-24, eff. 6-19-13.)
Section 970. The Methamphetamine Precursor Tracking Act is
amended by changing Section 20 as follows:
(720 ILCS 649/20)
Sec. 20. Secure website.
(a) The Illinois State Police, in consultation with the
Department of Innovation and Technology, shall establish a
secure website for the transmission of electronic transaction
records and make it available free of charge to covered
pharmacies.
(b) The secure website shall enable covered pharmacies to
transmit to the Central Repository an electronic transaction
record each time the pharmacy distributes a targeted
methamphetamine precursor to a recipient.
(c) If the secure website becomes unavailable to a covered
pharmacy, the covered pharmacy may, during the period in which
the secure website is not available, continue to distribute
targeted methamphetamine precursor without using the secure

SB1606 - 98 - LRB100 11198 RPS 21501 b
website if, during this period, the covered pharmacy maintains
and transmits handwritten logs as described in Sections 20 and
25 of the Methamphetamine Precursor Control Act.
(Source: P.A. 97-670, eff. 1-19-12.)
Section 975. The Workers' Compensation Act is amended by
changing Section 17 as follows:
(820 ILCS 305/17) (from Ch. 48, par. 138.17)
Sec. 17. The Commission shall cause to be printed and
furnish free of charge upon request by any employer or employee
such blank forms as may facilitate or promote efficient
administration and the performance of the duties of the
Commission. It shall provide a proper record in which shall be
entered and indexed the name of any employer who shall file a
notice of declination or withdrawal under this Act, and the
date of the filing thereof; and a proper record in which shall
be entered and indexed the name of any employee who shall file
such notice of declination or withdrawal, and the date of the
filing thereof; and such other notices as may be required by
this Act; and records in which shall be recorded all
proceedings, orders and awards had or made by the Commission or
by the arbitration committees, and such other books or records
as it shall deem necessary, all such records to be kept in the
office of the Commission.
The Commission may destroy all papers and documents which

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have been on file for more than 5 years where there is no claim
for compensation pending or where more than 2 years have
elapsed since the termination of the compensation period.
The Commission shall compile and distribute to interested
persons aggregate statistics, taken from any records and
reports in the possession of the Commission. The aggregate
statistics shall not give the names or otherwise identify
persons sustaining injuries or disabilities or the employer of
any injured person or person with a disability.
The Commission is authorized to establish reasonable fees
and methods of payment limited to covering only the costs to
the Commission for processing, maintaining and generating
records or data necessary for the computerized production of
documents, records and other materials except to the extent of
any salaries or compensation of Commission officers or
employees.
All fees collected by the Commission under this Section
shall be deposited in the Technology Management Statistical
Services Revolving Fund and credited to the account of the
Illinois Workers' Compensation Commission.
(Source: P.A. 99-143, eff. 7-27-15.)
Section 980. The Workers' Occupational Diseases Act is
amended by changing Section 17 as follows:
(820 ILCS 310/17) (from Ch. 48, par. 172.52)

SB1606 - 100 - LRB100 11198 RPS 21501 b
Sec. 17. The Commission shall cause to be printed and shall
furnish free of charge upon request by any employer or employee
such blank forms as it shall deem requisite to facilitate or
promote the efficient administration of this Act, and the
performance of the duties of the Commission. It shall provide a
proper record in which shall be entered and indexed the name of
any employer who shall file a notice of election under this
Act, and the date of the filing thereof; and a proper record in
which shall be entered and indexed the name of any employee who
shall file a notice of election, and the date of the filing
thereof; and such other notices as may be required by this Act;
and records in which shall be recorded all proceedings, orders
and awards had or made by the Commission, or by the arbitration
committees, and such other books or records as it shall deem
necessary, all such records to be kept in the office of the
Commission. The Commission, in its discretion, may destroy all
papers and documents except notices of election and waivers
which have been on file for more than five years where there is
no claim for compensation pending, or where more than two years
have elapsed since the termination of the compensation period.
The Commission shall compile and distribute to interested
persons aggregate statistics, taken from any records and
reports in the possession of the Commission. The aggregate
statistics shall not give the names or otherwise identify
persons sustaining injuries or disabilities or the employer of
any injured person or person with a disability.

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The Commission is authorized to establish reasonable fees
and methods of payment limited to covering only the costs to
the Commission for processing, maintaining and generating
records or data necessary for the computerized production of
documents, records and other materials except to the extent of
any salaries or compensation of Commission officers or
employees.
All fees collected by the Commission under this Section
shall be deposited in the Technology Management Statistical
Services Revolving Fund and credited to the account of the
Illinois Workers' Compensation Commission.
(Source: P.A. 99-143, eff. 7-27-15.)
Section 995. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.
Section 997. Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.
Section 999. Effective date. This Act takes effect upon
becoming law.
SB1606 - 102 - LRB100 11198 RPS 21501 b
INDEX
Statutes amended in order of appearance
New Act
20 ILCS 5/5-10 was 20 ILCS 5/2.1
20 ILCS 5/5-15 was 20 ILCS 5/3
20 ILCS 5/5-20 was 20 ILCS 5/4
20 ILCS 5/5-221 new
20 ILCS 5/5-357 new
20 ILCS 5/5-605 was 20 ILCS 5/12
20 ILCS 405/405-10 was 20 ILCS 405/35.3
20 ILCS 405/405-270 was 20 ILCS 405/67.18
20 ILCS 405/405-410
20 ILCS 405/405-20 rep.
20 ILCS 405/405-250 rep.
20 ILCS 405/405-255 rep.
20 ILCS 405/405-260 rep.
20 ILCS 405/405-265 rep.
20 ILCS 605/605-680
20 ILCS 605/605-1007
20 ILCS 2905/2.5
20 ILCS 3921/15
20 ILCS 3921/20
30 ILCS 105/5.55 from Ch. 127, par. 141.55
30 ILCS 105/6p-1 from Ch. 127, par. 142p1
30 ILCS 105/6p-2 from Ch. 127, par. 142p2
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