Bill Text: IL SB3348 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Department of Innovation and Technology Act. Modifies provisions concerning the powers and duties of the Department of Innovation and Technology and its Secretary. Provides purpose provisions. Modifies terms. Makes conforming and other changes.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2021-01-13 - Session Sine Die [SB3348 Detail]

Download: Illinois-2019-SB3348-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB3348 Introduced 2/11/2020, by Sen. Elgie R. Sims, Jr. SYNOPSIS AS INTRODUCED:
20 ILCS 1370/1-3 new
20 ILCS 1370/1-5
20 ILCS 1370/1-10
20 ILCS 1370/1-15
20 ILCS 1370/1-35
20 ILCS 1370/1-40
20 ILCS 1370/1-20 rep.
20 ILCS 1370/1-30 rep.
20 ILCS 1370/1-50 rep.
20 ILCS 1370/1-55 rep.
20 ILCS 1370/1-60 rep.
30 ILCS 105/6p-1 from Ch. 127, par. 142p1
30 ILCS 105/8.16a from Ch. 127, par. 144.16a
Amends the Department of Innovation and Technology Act. Modifies provisions concerning the powers and duties of the Department of Innovation and Technology and its Secretary. Provides purpose provisions. Modifies terms. Makes conforming and other changes.
LRB101 16090 RJF 65453 b
A BILL FOR
SB3348 LRB101 16090 RJF 65453 b
AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Department of Innovation and Technology Act
is amended by changing Sections 1-5, 1-10, 1-15, 1-35, and 1-40
and by adding Section 1-3 as follows:
(20 ILCS 1370/1-3 new)
Sec. 1-3. Purpose. The Department of Innovation and
Technology was created by Executive Order 2016-001. This Act is
the implementation of that Executive Order, together with
additional provisions to ensure that the Department is able to
function as intended under that Executive Order. The intent of
this Act is to ensure that the Department is able to fulfill
its duties and purpose under that Executive Order. If there is
a conflict between the provisions of the Executive Order and
this Act, this Act shall be controlling.
(20 ILCS 1370/1-5)
Sec. 1-5. Definitions. In this Act:
"Bureau of Communications and Computer Services" means the
Bureau of Communications and Computer Services, also known as
the Bureau of Information and Communication Services, created
by rule (2 Illinois Administrative Code 750.40) within the

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Department of Central Management Services.
"Client agency" means each transferring agency, or its
successor, as well as . When applicable, "client agency" may
also include any other public agency to which the Department
provides service to the extent specified in an interagency
agreement contract with the public agency.
"Dedicated unit" means the dedicated bureau, division,
office, or other unit within a transferring agency that is
responsible for the information technology functions of the
transferring agency. For the Office of the Governor, "dedicated
unit" means the Information Technology Office, also known as
the Office of the Chief Information Officer. For the Department
of Central Management Services, "dedicated unit" means the
Bureau of Communications and Computer Services, also known as
the Bureau of Information and Communication Services.
"Department" means the Department of Innovation and
Technology.
"Information technology" means technology, infrastructure,
equipment, systems, software, networks, and processes used to
create, send, receive, and store electronic or digital
information, including, without limitation, computer systems
and telecommunication services and systems. "Information
technology" shall be construed broadly to incorporate future
technologies (such as sensors and balanced private hybrid or
public cloud posture tailored to the mission of the agency)
that change or supplant those in effect as of the effective

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date of this Act.
"Information technology functions" means the development,
procurement, installation, retention, maintenance, operation,
possession, storage, and related functions of all information
technology.
"Information Technology Office" means the Information
Technology Office, also known as the Office of the Chief
Information Officer, within the Office of the Governor, created
by Executive Order 1999-05, or its successor.
"Legacy information technology division" means any
division, bureau, or other unit of a transferring agency which
has responsibility for information technology functions for
the agency prior to the transfer of those functions to the
Department, including, without limitation, the Bureau of
Communications and Computer Services.
"Secretary" means the Secretary of Innovation and
Technology.
"State agency" means each State agency, department, board,
and commission under the jurisdiction of directly responsible
to the Governor.
"Transferring agency" means the Department on Aging; the
Departments of Agriculture, Central Management Services,
Children and Family Services, Commerce and Economic
Opportunity, Corrections, Employment Security, Financial and
Professional Regulation, Healthcare and Family Services, Human
Rights, Human Services, Insurance, Juvenile Justice, Labor,

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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 Abraham Lincoln Presidential
Library and Museum Historic Preservation Agency; the Illinois
Arts Council; the Illinois Council on Developmental
Disabilities; the Illinois Emergency Management Agency; the
Illinois Gaming Board; the Illinois Health Information
Exchange Authority; the Illinois Liquor Control Commission;
the Illinois Technology Office; the Office of the State Fire
Marshal; and the Prisoner Review Board. "Transferring agency"
does not include a State constitutional office, the Office of
the Executive Inspector General, or any office of the
legislative or judicial branches of State government.
(Source: P.A. 100-611, eff. 7-20-18; 100-1169, eff. 1-4-19.)
(20 ILCS 1370/1-10)
Sec. 1-10. Transfer of functions. On and after March 25,
2016 (the effective date of Executive Order 2016-001):
(a) (Blank). For each transferring agency, the dedicated
unit or units within that agency responsible for information
technology functions together with those information
technology functions outside of the dedicated unit or units
within a transferring agency to which this Act applies shall be

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designated by the Governor.
(b) (Blank). All powers, duties, rights, and
responsibilities of those dedicated units and information
technology functions designated by the Governor are
transferred to the Department of Innovation and Technology.
(c) The personnel of each transferring agency designated by
the Governor are transferred to the Department of Innovation
and Technology. The status and rights of the employees and the
State of Illinois or its transferring agencies under the
Personnel Code, the Illinois Public Labor Relations Act, and
applicable collective bargaining agreements or under any
pension, retirement, or annuity plan shall not be affected by
this Act. Under the direction of the Governor, the Secretary,
in consultation with the transferring agencies and labor
organizations representing the affected employees, shall
identify each position and employee who is engaged in the
performance of functions transferred to the Department, or
engaged in the administration of a law the administration of
which is transferred to the Department, to be transferred to
the Department. An employee engaged primarily in providing
administrative support for information technology functions to
a legacy information technology division or information
technology personnel may be considered engaged in the
performance of functions transferred to the Department.
(d) All books, records, papers, documents, property (real
and personal), contracts, causes of action, and pending

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business pertaining to the powers, duties, rights, and
responsibilities relating to dedicated units and information
technology functions transferred under this Act to the
Department of Innovation and Technology, including, but not
limited to, material in electronic or magnetic format and
necessary computer hardware and software, shall be transferred
to the Department of Innovation and Technology.
(e) All unexpended appropriations and balances and other
funds available for use relating to dedicated units and
information technology functions transferred under this Act
shall be transferred for use by the Department of Innovation
and Technology at the direction of the Governor. Unexpended
balances so transferred shall be expended only for the purpose
for which the appropriations were originally made.
(f) The powers, duties, rights, and responsibilities
relating to dedicated units and information technology
functions transferred by this Act shall be vested in and shall
be exercised by the Department of Innovation and Technology.
(g) Whenever reports or notices are now required to be made
or given or papers or documents furnished or served by any
person to or upon each dedicated unit in connection with any of
the powers, duties, rights, and responsibilities relating to
information technology functions transferred by this Act, the
same shall be made, given, furnished, or served in the same
manner to or upon the Department of Innovation and Technology.
(h) This Act does not affect any act done, ratified, or

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canceled or any right occurring or established or any action or
proceeding had or commenced in an administrative, civil, or
criminal cause by each dedicated unit relating to information
technology functions before the transfer of responsibilities
under this Act; such actions or proceedings may be prosecuted
and continued by the Department of Innovation and Technology.
(i) (Blank). Any rules of a dedicated unit or a
transferring agency that relate to the powers, duties, rights,
and responsibilities relating to the dedicated unit or to
information technology functions and are in full force on the
effective date of this Act shall become the rules of the
Department of Innovation and Technology. This Act does not
affect the legality of any such rules in the Illinois
Administrative Code.
(j) (Blank). Any proposed rules filed with the Secretary of
State by the dedicated unit or the transferring agency that are
pending in the rulemaking process on March 25, 2016 (the
effective date of Executive Order 2016-001) and that pertain to
the powers, duties, rights, and responsibilities of the
dedicated unit or the information technology functions
transferred, shall be deemed to have been filed by the
Department of Innovation and Technology. As soon as
practicable, the Department of Innovation and Technology shall
revise and clarify the rules transferred to it under this Act
to reflect the reorganization of powers, duties, rights, and
responsibilities relating to information technology functions

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affected by this Act, using the procedures for recodification
of rules available under the Illinois Administrative Procedure
Act, except that existing title, part, and section numbering
for the affected rules may be retained. The Department of
Innovation and Technology may propose and adopt under the
Illinois Administrative Procedure Act such other rules of each
dedicated unit or transferring agency that will now be
administered by the Department of Innovation and Technology.
(Source: P.A. 100-611, eff. 7-20-18.)
(20 ILCS 1370/1-15)
Sec. 1-15. Powers and duties.
(a) The head officer of the Department is the Secretary,
who shall be the chief information officer for the State and
the steward of State data with respect to those agencies under
the jurisdiction of the Governor. The Secretary shall be
appointed by the Governor, with the advice and consent of the
Senate. The Department may employ or retain other persons to
assist in the discharge of its functions, subject to the
Personnel Code.
(b) The Department shall promote best-in-class innovation
and technology to client agencies to foster collaboration among
client agencies, empower client agencies to provide better
service to residents of Illinois, and maximize the value of
taxpayer resources. The Department shall be responsible for
information technology functions on behalf of client agencies.

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

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

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request from the Department assistance and consultation in
securing any necessary information technology to support
their requirements.
(5) Examine the accounts and information
technology-related data of any organization, body, or
agency receiving appropriations from the General Assembly,
except for a State constitutional office, the Office of the
Executive Inspector General, or any office of the
legislative or judicial branches of State government. For a
State constitutional office, the Office of the Executive
Inspector General, or any office of the legislative or
judicial branches of State government, the Department
shall have the power to examine the accounts and
information technology-related data of the State
constitutional office, the Office of the Executive
Inspector General, or any office of the legislative or
judicial branches of State government when requested by
those offices.
(6) Install and operate a modern information
technology system 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

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incurred in rendering the services.
(f) In addition to the other powers and duties listed in
subsection (e), the Department shall analyze the present and
future aims, needs, and requirements of information
technology, research, and planning in order to provide for the
formulation of overall policy relative to the use of
information technology and related equipment by the State of
Illinois. In making this analysis, the Department shall
formulate a master plan for information technology, utilizing
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

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information technology. The prices and charges shall be
sufficient to reimburse the cost of furnishing the services and
use of information technology.
(h) The Department may establish standards to provide
consistency in the operation and use of information technology.
(i) The Department may adopt rules under the Illinois
Administrative Procedure Act necessary to carry out its
responsibilities under this Act.
The Department and each public agency shall continue to
have all authority provided to them under the Intergovernmental
Cooperation Act and other applicable law to enter into
interagency contracts. The Department may enter into contracts
to use personnel and other resources that are retained by
client agencies or other public agencies, to provide services
to public agencies within the State, and for other appropriate
purposes to accomplish the Department's mission.
(Source: P.A. 100-611, eff. 7-20-18.)
(20 ILCS 1370/1-35)
Sec. 1-35. Communications services.
(a) The Department shall develop and implement a
comprehensive plan to coordinate or centralize communications
services among State agencies with offices at different
locations. The plan shall be updated based on a continuing
study of communications problems of State government and shall
include any information technology-related equipment or

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service used for communication purposes including digital,
analog, or future transmission medium, whether for voice, data,
or any combination thereof. The plan shall take into
consideration systems that might affect effect economies,
including, but not limited to, quantity discount services and
may include provision of telecommunications service to local
and federal government entities located within this State if
State interests can be served by so doing.
(b) The Department shall provide for and coordinate
communications services for State agencies and, when requested
and when in the best interests of the State, for units of
federal or local governments and public and not-for-profit
institutions of primary, secondary, and higher education. The
Department may make use of, or support or provide any
information technology-related communications equipment or
services necessary and available to support the needs of
interested parties not associated with State government
provided that State government usage shall have first priority.
For this purpose the Department shall have the power to do all
of the following:
(1) Provide for and control the procurement,
retention, installation, and maintenance of communications
equipment or services used by State agencies in the
interest of efficiency and economy.
(2) Review existing standards and, where appropriate,
propose to establish new or modified standards for State

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agencies which shall include a minimum of one
telecommunication device for the deaf installed and
operational within each State agency, to provide public
access to agency information for those persons who are
hearing or speech impaired. The Department shall consult
the Department of Human Services to develop standards and
implementation for this equipment.
(3) Establish charges for information technology for
State agencies and, when requested, for units of federal or
local government and public and not-for-profit
institutions of primary, secondary, or higher education.
Entities charged for these services shall pay the
Department.
(4) Instruct all State agencies to report their usage
of communication services regularly to the Department in
the manner the Department may prescribe.
(5) Analyze the present and future aims and needs of
all State agencies in the area of communications services
and plan to serve those aims and needs in the most
effective and efficient manner.
(6) Provide telecommunications and other
communications services.
(7) Establish the administrative organization within
the Department that is required to accomplish the purpose
of this Section.
As used in this subsection (b) only, "State agencies" means

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all departments, officers, commissions, boards, institutions,
and bodies politic and corporate of the State except (i) the
judicial branch, including, without limitation, the several
courts of the State, the offices of the clerk of the supreme
court and the clerks of the appellate court, and the
Administrative Office of the Illinois Courts, (ii) State
constitutional offices, and (iii) the General Assembly,
legislative service agencies, and all officers of the General
Assembly.
This subsection (b) does not apply to the procurement of
Next Generation 9-1-1 service as governed by Section 15.6b of
the Emergency Telephone System Act.
(Source: P.A. 100-611, eff. 7-20-18; 101-81, eff. 7-12-19.)
(20 ILCS 1370/1-40)
Sec. 1-40. Bulk long distance telephone services for
military personnel in military service.
(a) As used in this Section only:
"Immediate family" means a service member's spouse
residing in the service member's household, brothers and
sisters of the whole or of the half blood, children, including
adopted children and stepchildren, parents, and grandparents.
"Military service" means any full-time training or duty, no
matter how described under federal or State law, for which a
service member is ordered to report by the President, Governor
of a state, commonwealth, or territory of the United States, or

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other appropriate military authority.
"Service member" means a resident of Illinois who is a
member of any component of the United States Armed Forces or
the National Guard of any state, the District of Columbia, a
commonwealth, or a territory of the United States.
(b) The Department may enter into a contract to purchase
bulk long distance telephone services and make them available
at cost, or may make bulk long distance telephone services
available at cost under any existing contract the Department
has entered into, to persons in the immediate family of service
members that have entered military service so that immediate
family those persons in the service members' families can
communicate with the service members. If the Department enters
into a contract under this Section, it shall do so in
accordance with the Illinois Procurement Code and in a
nondiscriminatory manner that does not place any potential
vendor at a competitive disadvantage.
(c) In order to be eligible to use bulk long distance
telephone services purchased by the Department under this
Section, a service member or person in the service member's
immediate family must provide the Department with a copy of the
orders calling the service member to military service in excess
of 29 consecutive days and of any orders further extending the
service member's period of military service.
(d) If the Department enters into a contract under this
Section, the Department shall adopt rules as necessary to

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implement this Section.
(Source: P.A. 100-611, eff. 7-20-18.)
(20 ILCS 1370/1-20 rep.)
(20 ILCS 1370/1-30 rep.)
(20 ILCS 1370/1-50 rep.)
(20 ILCS 1370/1-55 rep.)
(20 ILCS 1370/1-60 rep.)
Section 10. The Department of Innovation and Technology Act
is amended by repealing Sections 1-20, 1-30, 1-50, 1-55, and
1-60.
Section 15. The State Finance Act is amended by changing
Sections 6p-1 and 8.16a as follows:
(30 ILCS 105/6p-1) (from Ch. 127, par. 142p1)
Sec. 6p-1. The Technology Management Revolving Fund
(formerly known as the Statistical Services Revolving Fund)
shall be initially financed by a transfer of funds from the
General Revenue Fund. Thereafter, all fees and other monies
received by the Department of Innovation and Technology in
payment for information technology and related services
rendered pursuant to subsection (e) of Section 1-15 (b) of
Section 1-30 of the Department of Innovation and Technology Act
shall be paid into the Technology Management Revolving Fund. On
and after July 1, 2017, or after sufficient moneys have been

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received in the Communications Revolving Fund to pay all Fiscal
Year 2017 obligations payable from the Fund, whichever is
later, all fees and other moneys received by the Department of
Central Management Services in payment for communications
services rendered pursuant to the Department of Central
Management Services Law of the Civil Administrative Code of
Illinois or sale of surplus State communications equipment
shall be paid into the Technology Management Revolving Fund.
The money in this fund shall be used by the Department of
Innovation and Technology as reimbursement for expenditures
incurred in rendering information technology and related
services and, beginning July 1, 2017, as reimbursement for
expenditures incurred in relation to communications services.
(Source: P.A. 100-23, eff. 7-6-17; 100-611, eff. 7-20-18;
101-81, eff. 7-12-19.)
(30 ILCS 105/8.16a) (from Ch. 127, par. 144.16a)
Sec. 8.16a. Appropriations for the procurement,
installation, retention, maintenance, and operation of
electronic data processing and information technology devices
and software used by State agencies subject to subsection (e)
of Section 1-15 (b) of Section 1-30 of the Department of
Innovation and Technology Act, the purchase of necessary
supplies and equipment and accessories thereto, and all other
expenses incident to the operation and maintenance of those
electronic data processing and information technology devices

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and software are payable from the Technology Management
Revolving Fund. However, no contract shall be entered into or
obligation incurred for any expenditure from the Technology
Management Revolving Fund until after the purpose and amount
has been approved in writing by the Secretary of Innovation and
Technology. Until there are sufficient funds in the Technology
Management Revolving Fund (formerly known as the Statistical
Services Revolving Fund) to carry out the purposes of this
amendatory Act of 1965, however, the State agencies subject to
subsection (b) of Section 1-30 of the Department of Innovation
and Technology Act shall, on written approval of the Secretary
of Innovation and Technology, pay the cost of operating and
maintaining electronic data processing systems from current
appropriations as classified and standardized in the State
Finance Act.
(Source: P.A. 100-23, eff. 7-6-17; 100-611, eff. 7-20-18;
101-81, eff. 7-12-19.)