Bill Text: IL SB2122 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Department of Innovation and Technology Act. Provides that the definition of "State agency" excludes transferring agencies. Provides that the Department of Innovation and Technology may (previously shall) provide for and coordinate information technology for State agencies. Removes provision requiring the Department to formulate a master plan for information technology. Provides that any System and Organization Control audit report issued with respect to the Department and the Department's system descriptions shall not be published by any entity on a public website. Provides that unredacted copies of System and Organization Control audit reports shall be provided by the Department to the General Assembly and transferring agencies and, upon request, State agencies that receive services from the Department.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-03-10 - Rule 3-9(a) / Re-referred to Assignments [SB2122 Detail]

Download: Illinois-2023-SB2122-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2122 Introduced 2/10/2023, by Sen. Elgie R. Sims, Jr. SYNOPSIS AS INTRODUCED:
20 ILCS 1370/1-5
20 ILCS 1370/1-15
20 ILCS 1370/1-35
20 ILCS 1370/5-30 new
Amends the Department of Innovation and Technology Act. Provides that the definition of "State agency" excludes transferring agencies. Provides that the Department of Innovation and Technology may (previously shall) provide for and coordinate information technology for State agencies. Removes provision requiring the Department to formulate a master plan for information technology. Provides that any System and Organization Control audit report issued with respect to the Department and the Department's system descriptions shall not be published by any entity on a public website. Provides that unredacted copies of System and Organization Control audit reports shall be provided by the Department to the General Assembly and transferring agencies and, upon request, State agencies that receive services from the Department.
LRB103 05759 DTM 50779 b
A BILL FOR
SB2122 LRB103 05759 DTM 50779 b
AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Department of Innovation and Technology Act
is amended by changing Sections 1-5, 1-15, and 1-35 and by
adding Section 5-30 as follows:
(20 ILCS 1370/1-5)
(Text of Section before amendment by P.A. 102-870)
Sec. 1-5. Definitions. In this Act:
"Client agency" means each transferring agency, or its
successor, and any other public agency to which the Department
provides service to the extent specified in an interagency
agreement with the public agency.
"Dedicated unit" means the dedicated bureau, division,
office, or other unit within a transferring agency that is
responsible for the information technology functions of the
transferring agency.
"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,

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computer systems and telecommunication services and systems.
"Information technology" shall be construed broadly to
incorporate future technologies (such as sensors and balanced
private hybrid or public cloud posture tailored to the mission
of the agency) that change or supplant those in effect as of
the effective date of this Act.
"Information technology functions" means the development,
procurement, installation, retention, maintenance, operation,
possession, storage, and related functions of all information
technology.
"Secretary" means the Secretary of Innovation and
Technology.
"State agency" means each State agency, department, board,
and commission under the jurisdiction of the Governor ,
excluding transferring agencies.
"Transferring agency" means the Department on Aging; the
Departments of Agriculture, Central Management Services,
Children and Family Services, Commerce and Economic
Opportunity, Corrections, Employment Security, Financial and
Professional Regulation, Healthcare and Family Services, Human
Rights, Human Services, Insurance, Juvenile Justice, Labor,
Lottery, Military Affairs, Natural Resources, Public Health,
Revenue, Transportation, and Veterans' Affairs; the Illinois
State Police; the Capital Development Board; the Deaf and Hard
of Hearing Commission; the Environmental Protection Agency;
the Governor's Office of Management and Budget; the

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Guardianship and Advocacy Commission; the Abraham Lincoln
Presidential Library and Museum; 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 Office of the State
Fire Marshal; and the Prisoner Review Board.
(Source: P.A. 102-376, eff. 1-1-22; 102-538, eff. 8-20-21;
102-813, eff. 5-13-22.)
(Text of Section after amendment by P.A. 102-870)
Sec. 1-5. Definitions. In this Act:
"Client agency" means each transferring agency, or its
successor, and any other public agency to which the Department
provides service to the extent specified in an interagency
agreement with the public agency.
"Dedicated unit" means the dedicated bureau, division,
office, or other unit within a transferring agency that is
responsible for the information technology functions of the
transferring agency.
"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,

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computer systems and telecommunication services and systems.
"Information technology" shall be construed broadly to
incorporate future technologies 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.
"Secretary" means the Secretary of Innovation and
Technology.
"State agency" means each State agency, department, board,
and commission under the jurisdiction of the Governor,
excluding transferring agencies.
"Transferring agency" means the Department on Aging; the
Departments of Agriculture, Central Management Services,
Children and Family Services, Commerce and Economic
Opportunity, Corrections, Employment Security, Financial and
Professional Regulation, Healthcare and Family Services, Human
Rights, Human Services, Insurance, Juvenile Justice, Labor,
Lottery, Military Affairs, Natural Resources, Public Health,
Revenue, Transportation, and Veterans' Affairs; the Illinois
State Police; the Capital Development Board; the Deaf and Hard
of Hearing Commission; the Environmental Protection Agency;
the Governor's Office of Management and Budget; the
Guardianship and Advocacy Commission; the Abraham Lincoln
Presidential Library and Museum; the Illinois Arts Council;

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the Illinois Council on Developmental Disabilities; the
Illinois Emergency Management Agency; the Illinois Gaming
Board; the Illinois Liquor Control Commission; the Office of
the State Fire Marshal; and the Prisoner Review Board.
(Source: P.A. 102-376, eff. 1-1-22; 102-538, eff. 8-20-21;
102-813, eff. 5-13-22; 102-870, eff. 1-1-23.)
(20 ILCS 1370/1-15)
Sec. 1-15. Powers and duties.
(a) The head officer of the Department is the Secretary,
who shall be the chief information officer for the State and
the steward of State data with respect to those agencies under
the jurisdiction of the Governor. The Secretary shall be
appointed by the Governor, with the advice and consent of the
Senate. The Department may employ or retain other persons to
assist in the discharge of its functions, subject to the
Personnel Code.
(b) The Department shall promote best-in-class innovation
and technology to client agencies to foster collaboration
among client agencies, empower client agencies to provide
better service to residents of Illinois, and maximize the
value of taxpayer resources. The Department shall be
responsible for information technology functions on behalf of
client agencies.
(c) The Department may shall provide for and coordinate
information technology for State agencies and, when requested

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and when in the best interests of the State, for State
constitutional offices, units of federal or local governments,
and public and not-for-profit institutions of primary,
secondary, and higher education, or other parties not
associated with State government. The Department shall
establish charges for information technology for State
agencies and, when requested, for State constitutional
offices, units of federal or local government, and public and
not-for-profit institutions of primary, secondary, or higher
education and for use by other parties not associated with
State government. Entities charged for these services shall
make payment to the Department. The Department may instruct
all State agencies to report their usage of information
technology regularly to the Department in the manner the
Secretary may prescribe.
(d) The Department shall develop and implement standards,
policies, and procedures to protect the security and
interoperability of State data with respect to those agencies
under the jurisdiction of the Governor, including in
particular data that are confidential, sensitive, or protected
from disclosure by privacy or other laws, while recognizing
and balancing the need for collaboration and public
transparency.
(e) The Department shall be responsible for providing the
Governor with timely, comprehensive, and meaningful
information pertinent to the formulation and execution of

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fiscal policy. In performing this responsibility, the
Department shall have the power to do the following:
(1) Control the procurement, retention, installation,
maintenance, and operation, as specified by the
Department, of information technology equipment used by
client agencies in such a manner as to achieve maximum
economy and provide appropriate assistance in the
development of information suitable for management
analysis.
(2) Establish principles and standards of information
technology-related reporting by client agencies and
priorities for completion of research by those agencies in
accordance with the requirements for management analysis
specified by the Department.
(3) Establish charges for information technology and
related services requested by client agencies and rendered
by the Department. The Department is likewise empowered to
establish prices or charges for all information technology
reports purchased by agencies and individuals not
connected with State government.
(4) Instruct all client agencies to report regularly
to the Department, in the manner the Department may
prescribe, their usage of information technology, the cost
incurred, the information produced, and the procedures
followed in obtaining the information. All client agencies
shall request from the Department assistance and

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consultation in securing any necessary information
technology to support their requirements.
(5) Examine the accounts and information
technology-related data of any organization, body, or
agency receiving appropriations from the General Assembly,
except for a State constitutional office, the Office of
the Executive Inspector General, or any office of the
legislative or judicial branches of State government. For
a State constitutional office, the Office of the Executive
Inspector General, or any office of the legislative or
judicial branches of State government, the Department
shall have the power to examine the accounts and
information technology-related data of the State
constitutional office, the Office of the Executive
Inspector General, or any office of the legislative or
judicial branches of State government when requested by
those offices.
(6) Install and operate a modern information
technology system using equipment adequate to satisfy the
requirements for analysis and review as specified by the
Department. Expenditures for information technology and
related services rendered shall be reimbursed by the
recipients. The reimbursement shall be determined by the
Department as amounts sufficient to reimburse the
Technology Management Revolving Fund for expenditures
incurred in rendering the services.

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(f) In addition to the other powers and duties listed in
subsection (e), the Department shall analyze the present and
future aims, needs, and requirements of information
technology, research, and planning in order to provide for the
formulation of overall policy relative to the use of
information technology and related equipment by the State of
Illinois. In making this analysis, the Department shall
formulate a master plan for information technology, using
information technology most advantageously, and advising
whether information technology should be leased or purchased
by the State. The Department shall prepare and submit interim
reports of meaningful developments and proposals for
legislation to the Governor on or before January 30 each year.
The Department shall engage in a continuing analysis and
evaluation of the master plan so developed, and it shall be the
responsibility of the Department to recommend from time to
time any needed amendments and modifications of any master
plan enacted by the General Assembly.
(g) The Department may make information technology and the
use of information technology available to units of local
government, elected State officials, State educational
institutions, the judicial branch, the legislative branch, and
all other governmental units of the State requesting them. The
Department shall establish prices and charges for the
information technology so furnished and for the use of the
information technology. The prices and charges shall be

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sufficient to reimburse the cost of furnishing the services
and use of information technology.
(h) The Department may establish standards to provide
consistency in the operation and use of information
technology.
(i) The Department may adopt rules under the Illinois
Administrative Procedure Act necessary to carry out its
responsibilities under this Act.
(Source: P.A. 102-376, eff. 1-1-22.)
(20 ILCS 1370/1-35)
Sec. 1-35. Communications services.
(a) (Blank).
(b) The Department may 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,

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retention, installation, and maintenance of communications
equipment or services used by State agencies in the
interest of efficiency and economy.
(2) Review existing standards and, where appropriate,
propose to establish new or modified standards for State
agencies which shall include a minimum of one
telecommunication device for the deaf installed and
operational within each State agency, to provide public
access to agency information for those persons who are
hearing or speech impaired. The Department shall consult
the Department of Human Services to develop standards and
implementation for this equipment.
(3) Establish charges for information technology for
State agencies and, when requested, for units of federal
or local government and public and not-for-profit
institutions of primary, secondary, or higher education.
Entities charged for these services shall pay the
Department.
(4) Instruct all State agencies to report their usage
of communication services regularly to the Department in
the manner the Department may prescribe.
(5) Analyze the present and future aims and needs of
all State agencies in the area of communications services
and plan to serve those aims and needs in the most
effective and efficient manner.
(6) Provide telecommunications and other

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communications services.
(7) Establish the administrative organization within
the Department that is required to accomplish the purpose
of this Section.
This subsection (b) does not apply to the procurement of
Next Generation 9-1-1 service as governed by Section 15.6b of
the Emergency Telephone System Act.
(Source: P.A. 101-81, eff. 7-12-19; 102-376, eff. 1-1-22;
102-870, eff. 1-1-23.)
(20 ILCS 1370/5-30 new)
Sec. 5-30. Security over internal controls.
Notwithstanding any provisions of the Illinois State Auditing
Act, any System and Organization Control audit report issued
with respect to the Department and the Department's system
descriptions shall not be published by any entity on a public
website. Unredacted copies of System and Organization Control
audit report documents shall be provided by the Department to
the General Assembly and transferring agencies and, upon
request, to State agencies that receive services from the
Department.