Illinois General Assembly - Full Text of HB3966
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Full Text of HB3966  102nd General Assembly




State of Illinois
2021 and 2022


Introduced 3/4/2021, by Rep. Jaime M. Andrade, Jr.


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 definitions. Makes conforming and other changes in the Department of Innovation and Technology Act and the State Finance Act.

LRB102 17128 RJF 22559 b





HB3966LRB102 17128 RJF 22559 b

1    AN ACT concerning State government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Department of Innovation and Technology Act
5is amended by changing Sections 1-5, 1-10, 1-15, 1-35, and
61-40 and by adding Section 1-3 as follows:
7    (20 ILCS 1370/1-3 new)
8    Sec. 1-3. Purpose. The Department of Innovation and
9Technology was created by Executive Order 2016-001. This Act
10is the implementation of that Executive Order, together with
11additional provisions to ensure that the Department is able to
12function as intended under that Executive Order. The intent of
13this Act is to ensure that the Department is able to fulfill
14its duties and purpose under that Executive Order. If there is
15a conflict between the provisions of the Executive Order and
16this Act, this Act shall be controlling.
17    (20 ILCS 1370/1-5)
18    Sec. 1-5. Definitions. In this Act:
19    "Bureau of Communications and Computer Services" means the
20Bureau of Communications and Computer Services, also known as
21the Bureau of Information and Communication Services, created
22by rule (2 Illinois Administrative Code 750.40) within the



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1Department of Central Management Services.
2    "Client agency" means each transferring agency, or its
3successor, and . When applicable, "client agency" may also
4include any other public agency to which the Department
5provides service to the extent specified in an interagency
6agreement contract with the public agency.
7    "Dedicated unit" means the dedicated bureau, division,
8office, or other unit within a transferring agency that is
9responsible for the information technology functions of the
10transferring agency. For the Office of the Governor,
11"dedicated unit" means the Information Technology Office, also
12known as the Office of the Chief Information Officer. For the
13Department of Central Management Services, "dedicated unit"
14means the Bureau of Communications and Computer Services, also
15known as the Bureau of Information and Communication Services.
16    "Department" means the Department of Innovation and
18    "Information technology" means technology,
19infrastructure, equipment, systems, software, networks, and
20processes used to create, send, receive, and store electronic
21or digital information, including, without limitation,
22computer systems and telecommunication services and systems.
23"Information technology" shall be construed broadly to
24incorporate future technologies (such as sensors and balanced
25private hybrid or public cloud posture tailored to the mission
26of the agency) that change or supplant those in effect as of



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1the effective date of this Act.
2    "Information technology functions" means the development,
3procurement, installation, retention, maintenance, operation,
4possession, storage, and related functions of all information
6    "Information Technology Office" means the Information
7Technology Office, also known as the Office of the Chief
8Information Officer, within the Office of the Governor,
9created by Executive Order 1999-05, or its successor.
10    "Legacy information technology division" means any
11division, bureau, or other unit of a transferring agency which
12has responsibility for information technology functions for
13the agency prior to the transfer of those functions to the
14Department, including, without limitation, the Bureau of
15Communications and Computer Services.
16    "Secretary" means the Secretary of Innovation and
18    "State agency" means each State agency, department, board,
19and commission under the jurisdiction of directly responsible
20to the Governor.
21    "Transferring agency" means the Department on Aging; the
22Departments of Agriculture, Central Management Services,
23Children and Family Services, Commerce and Economic
24Opportunity, Corrections, Employment Security, Financial and
25Professional Regulation, Healthcare and Family Services, Human
26Rights, Human Services, Insurance, Juvenile Justice, Labor,



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1Lottery, Military Affairs, Natural Resources, Public Health,
2Revenue, State Police, Transportation, and Veterans' Affairs;
3the Capital Development Board; the Deaf and Hard of Hearing
4Commission; the Environmental Protection Agency; the
5Governor's Office of Management and Budget; the Guardianship
6and Advocacy Commission; the Abraham Lincoln Presidential
7Library and Museum Historic Preservation Agency; the Illinois
8Arts Council; the Illinois Council on Developmental
9Disabilities; the Illinois Emergency Management Agency; the
10Illinois Gaming Board; the Illinois Health Information
11Exchange Authority; the Illinois Liquor Control Commission;
12the Illinois Technology Office; the Office of the State Fire
13Marshal; and the Prisoner Review Board. "Transferring agency"
14does not include a State constitutional office, the Office of
15the Executive Inspector General, or any office of the
16legislative or judicial branches of State government.
17(Source: P.A. 100-611, eff. 7-20-18; 100-1169, eff. 1-4-19.)
18    (20 ILCS 1370/1-10)
19    Sec. 1-10. Transfer of functions. On and after March 25,
202016 (the effective date of Executive Order 2016-001):
21    (a) (Blank). For each transferring agency, the dedicated
22unit or units within that agency responsible for information
23technology functions together with those information
24technology functions outside of the dedicated unit or units
25within a transferring agency to which this Act applies shall



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1be designated by the Governor.
2    (b) (Blank). All powers, duties, rights, and
3responsibilities of those dedicated units and information
4technology functions designated by the Governor are
5transferred to the Department of Innovation and Technology.
6    (c) The personnel of each transferring agency designated
7by the Governor are transferred to the Department of
8Innovation and Technology. The status and rights of the
9employees and the State of Illinois or its transferring
10agencies under the Personnel Code, the Illinois Public Labor
11Relations Act, and applicable collective bargaining agreements
12or under any pension, retirement, or annuity plan shall not be
13affected by this Act. Under the direction of the Governor, the
14Secretary, in consultation with the transferring agencies and
15labor organizations representing the affected employees, shall
16identify each position and employee who is engaged in the
17performance of functions transferred to the Department, or
18engaged in the administration of a law the administration of
19which is transferred to the Department, to be transferred to
20the Department. An employee engaged primarily in providing
21administrative support for information technology functions to
22a legacy information technology division or information
23technology personnel may be considered engaged in the
24performance of functions transferred to the Department.
25    (d) All books, records, papers, documents, property (real
26and personal), contracts, causes of action, and pending



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1business pertaining to the powers, duties, rights, and
2responsibilities relating to dedicated units and information
3technology functions transferred under this Act to the
4Department of Innovation and Technology, including, but not
5limited to, material in electronic or magnetic format and
6necessary computer hardware and software, shall be transferred
7to the Department of Innovation and Technology.
8    (e) All unexpended appropriations and balances and other
9funds available for use relating to dedicated units and
10information technology functions transferred under this Act
11shall be transferred for use by the Department of Innovation
12and Technology at the direction of the Governor. Unexpended
13balances so transferred shall be expended only for the purpose
14for which the appropriations were originally made.
15    (f) The powers, duties, rights, and responsibilities
16relating to dedicated units and information technology
17functions transferred by this Act shall be vested in and shall
18be exercised by the Department of Innovation and Technology.
19    (g) Whenever reports or notices are now required to be
20made or given or papers or documents furnished or served by any
21person to or upon each dedicated unit in connection with any of
22the powers, duties, rights, and responsibilities relating to
23information technology functions transferred by this Act, the
24same shall be made, given, furnished, or served in the same
25manner to or upon the Department of Innovation and Technology.
26    (h) This Act does not affect any act done, ratified, or



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1canceled or any right occurring or established or any action
2or proceeding had or commenced in an administrative, civil, or
3criminal cause by each dedicated unit relating to information
4technology functions before the transfer of responsibilities
5under this Act; such actions or proceedings may be prosecuted
6and continued by the Department of Innovation and Technology.
7    (i) (Blank). Any rules of a dedicated unit or a
8transferring agency that relate to the powers, duties, rights,
9and responsibilities relating to the dedicated unit or to
10information technology functions and are in full force on the
11effective date of this Act shall become the rules of the
12Department of Innovation and Technology. This Act does not
13affect the legality of any such rules in the Illinois
14Administrative Code.
15    (j) (Blank). Any proposed rules filed with the Secretary
16of State by the dedicated unit or the transferring agency that
17are pending in the rulemaking process on March 25, 2016 (the
18effective date of Executive Order 2016-001) and that pertain
19to the powers, duties, rights, and responsibilities of the
20dedicated unit or the information technology functions
21transferred, shall be deemed to have been filed by the
22Department of Innovation and Technology. As soon as
23practicable, the Department of Innovation and Technology shall
24revise and clarify the rules transferred to it under this Act
25to reflect the reorganization of powers, duties, rights, and
26responsibilities relating to information technology functions



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1affected by this Act, using the procedures for recodification
2of rules available under the Illinois Administrative Procedure
3Act, except that existing title, part, and section numbering
4for the affected rules may be retained. The Department of
5Innovation and Technology may propose and adopt under the
6Illinois Administrative Procedure Act such other rules of each
7dedicated unit or transferring agency that will now be
8administered by the Department of Innovation and Technology.
9(Source: P.A. 100-611, eff. 7-20-18.)
10    (20 ILCS 1370/1-15)
11    Sec. 1-15. Powers and duties.
12    (a) The head officer of the Department is the Secretary,
13who shall be the chief information officer for the State and
14the steward of State data with respect to those agencies under
15the jurisdiction of the Governor. The Secretary shall be
16appointed by the Governor, with the advice and consent of the
17Senate. The Department may employ or retain other persons to
18assist in the discharge of its functions, subject to the
19Personnel Code.
20    (b) The Department shall promote best-in-class innovation
21and technology to client agencies to foster collaboration
22among client agencies, empower client agencies to provide
23better service to residents of Illinois, and maximize the
24value of taxpayer resources. The Department shall be
25responsible for information technology functions on behalf of



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1client agencies.
2    (c) The Department shall provide for and coordinate
3information technology for State agencies and, when requested
4and when in the best interests of the State, for State
5constitutional offices, units of federal or local governments,
6and public and not-for-profit institutions of primary,
7secondary, and higher education, or other parties not
8associated with State government. The Department shall
9establish charges for information technology for State
10agencies and, when requested, for State constitutional
11offices, units of federal or local government, and public and
12not-for-profit institutions of primary, secondary, or higher
13education and for use by other parties not associated with
14State government. Entities charged for these services shall
15make payment to the Department. The Department may instruct
16all State agencies to report their usage of information
17technology regularly to the Department in the manner the
18Secretary may prescribe.
19    (d) The Department shall develop and implement standards,
20policies, and procedures to protect the security and
21interoperability of State data with respect to those agencies
22under the jurisdiction of the Governor, including in
23particular data that are confidential, sensitive, or protected
24from disclosure by privacy or other laws, while recognizing
25and balancing the need for collaboration and public



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1    (e) The Department shall be responsible for providing the
2Governor with timely, comprehensive, and meaningful
3information pertinent to the formulation and execution of
4fiscal policy. In performing this responsibility, the
5Department shall have the power to do the following:
6        (1) Control the procurement, retention, installation,
7    maintenance, and operation, as specified by the
8    Department, of information technology equipment used by
9    client agencies in such a manner as to achieve maximum
10    economy and provide appropriate assistance in the
11    development of information suitable for management
12    analysis.
13        (2) Establish principles and standards of information
14    technology-related reporting by client agencies and
15    priorities for completion of research by those agencies in
16    accordance with the requirements for management analysis
17    specified by the Department.
18        (3) Establish charges for information technology and
19    related services requested by client agencies and rendered
20    by the Department. The Department is likewise empowered to
21    establish prices or charges for all information technology
22    reports purchased by agencies and individuals not
23    connected with State government.
24        (4) Instruct all client agencies to report regularly
25    to the Department, in the manner the Department may
26    prescribe, their usage of information technology, the cost



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1    incurred, the information produced, and the procedures
2    followed in obtaining the information. All client agencies
3    shall request from the Department assistance and
4    consultation in securing any necessary information
5    technology to support their requirements.
6        (5) Examine the accounts and information
7    technology-related data of any organization, body, or
8    agency receiving appropriations from the General Assembly,
9    except for a State constitutional office, the Office of
10    the Executive Inspector General, or any office of the
11    legislative or judicial branches of State government. For
12    a State constitutional office, the Office of the Executive
13    Inspector General, or any office of the legislative or
14    judicial branches of State government, the Department
15    shall have the power to examine the accounts and
16    information technology-related data of the State
17    constitutional office, the Office of the Executive
18    Inspector General, or any office of the legislative or
19    judicial branches of State government when requested by
20    those offices.
21        (6) Install and operate a modern information
22    technology system using equipment adequate to satisfy the
23    requirements for analysis and review as specified by the
24    Department. Expenditures for information technology and
25    related services rendered shall be reimbursed by the
26    recipients. The reimbursement shall be determined by the



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1    Department as amounts sufficient to reimburse the
2    Technology Management Revolving Fund for expenditures
3    incurred in rendering the services.
4    (f) In addition to the other powers and duties listed in
5subsection (e), the Department shall analyze the present and
6future aims, needs, and requirements of information
7technology, research, and planning in order to provide for the
8formulation of overall policy relative to the use of
9information technology and related equipment by the State of
10Illinois. In making this analysis, the Department shall
11formulate a master plan for information technology, using
12information technology most advantageously, and advising
13whether information technology should be leased or purchased
14by the State. The Department shall prepare and submit interim
15reports of meaningful developments and proposals for
16legislation to the Governor on or before January 30 each year.
17The Department shall engage in a continuing analysis and
18evaluation of the master plan so developed, and it shall be the
19responsibility of the Department to recommend from time to
20time any needed amendments and modifications of any master
21plan enacted by the General Assembly.
22    (g) The Department may make information technology and the
23use of information technology available to units of local
24government, elected State officials, State educational
25institutions, the judicial branch, the legislative branch, and
26all other governmental units of the State requesting them. The



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1Department shall establish prices and charges for the
2information technology so furnished and for the use of the
3information technology. The prices and charges shall be
4sufficient to reimburse the cost of furnishing the services
5and use of information technology.
6    (h) The Department may establish standards to provide
7consistency in the operation and use of information
9    (i) The Department may adopt rules under the Illinois
10Administrative Procedure Act necessary to carry out its
11responsibilities under this Act.
12    The Department and each public agency shall continue to
13have all authority provided to them under the
14Intergovernmental Cooperation Act and other applicable law to
15enter into interagency contracts. The Department may enter
16into contracts to use personnel and other resources that are
17retained by client agencies or other public agencies, to
18provide services to public agencies within the State, and for
19other appropriate purposes to accomplish the Department's
21(Source: P.A. 100-611, eff. 7-20-18.)
22    (20 ILCS 1370/1-35)
23    Sec. 1-35. Communications services.
24    (a) The Department shall develop and implement a
25comprehensive plan to coordinate or centralize communications



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1services among State agencies with offices at different
2locations. The plan shall be updated based on a continuing
3study of communications problems of State government and shall
4include any information technology-related equipment or
5service used for communication purposes including digital,
6analog, or future transmission medium, whether for voice,
7data, or any combination thereof. The plan shall take into
8consideration systems that might affect effect economies,
9including, but not limited to, quantity discount services and
10may include provision of telecommunications service to local
11and federal government entities located within this State if
12State interests can be served by so doing.
13    (b) The Department shall provide for and coordinate
14communications services for State agencies and, when requested
15and when in the best interests of the State, for units of
16federal or local governments and public and not-for-profit
17institutions of primary, secondary, and higher education. The
18Department may make use of, or support or provide any
19information technology-related communications equipment or
20services necessary and available to support the needs of
21interested parties not associated with State government
22provided that State government usage shall have first
23priority. For this purpose the Department shall have the power
24to do all of the following:
25        (1) Provide for and control the procurement,
26    retention, installation, and maintenance of communications



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



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1        (7) Establish the administrative organization within
2    the Department that is required to accomplish the purpose
3    of this Section.
4    As used in this subsection (b) only, "State agencies"
5means all departments, officers, commissions, boards,
6institutions, and bodies politic and corporate of the State
7except (i) the judicial branch, including, without limitation,
8the several courts of the State, the offices of the clerk of
9the supreme court and the clerks of the appellate court, and
10the Administrative Office of the Illinois Courts, (ii) State
11constitutional offices, and (iii) the General Assembly,
12legislative service agencies, and all officers of the General
14    This subsection (b) does not apply to the procurement of
15Next Generation 9-1-1 service as governed by Section 15.6b of
16the Emergency Telephone System Act.
17(Source: P.A. 100-611, eff. 7-20-18; 101-81, eff. 7-12-19.)
18    (20 ILCS 1370/1-40)
19    Sec. 1-40. Bulk long distance telephone services for
20military personnel in military service.
21    (a) As used in this Section only:
22    "Immediate family" means a service member's spouse
23residing in the service member's household, brothers and
24sisters of the whole or of the half blood, children, including
25adopted children and stepchildren, parents, and grandparents.



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1    "Military service" means any full-time training or duty,
2no matter how described under federal or State law, for which a
3service member is ordered to report by the President, Governor
4of a state, commonwealth, or territory of the United States,
5or other appropriate military authority.
6    "Service member" means a resident of Illinois who is a
7member of any component of the United States Armed Forces or
8the National Guard of any state, the District of Columbia, a
9commonwealth, or a territory of the United States.
10    (b) The Department may enter into a contract to purchase
11bulk long distance telephone services and make them available
12at cost, or may make bulk long distance telephone services
13available at cost under any existing contract the Department
14has entered into, to persons in the immediate family of
15service members that have entered military service so that
16immediate family those persons in the service members'
17families can communicate with the service members. If the
18Department enters into a contract under this Section, it shall
19do so in accordance with the Illinois Procurement Code and in a
20nondiscriminatory manner that does not place any potential
21vendor at a competitive disadvantage.
22    (c) In order to be eligible to use bulk long distance
23telephone services purchased by the Department under this
24Section, a service member or person in the service member's
25immediate family must provide the Department with a copy of
26the orders calling the service member to military service in



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1excess of 29 consecutive days and of any orders further
2extending the service member's period of military service.
3    (d) If the Department enters into a contract under this
4Section, the Department shall adopt rules as necessary to
5implement this Section.
6(Source: P.A. 100-611, eff. 7-20-18.)
7    (20 ILCS 1370/1-20 rep.)
8    (20 ILCS 1370/1-30 rep.)
9    (20 ILCS 1370/1-50 rep.)
10    (20 ILCS 1370/1-55 rep.)
11    (20 ILCS 1370/1-60 rep.)
12    Section 10. The Department of Innovation and Technology
13Act is amended by repealing Sections 1-20, 1-30, 1-50, 1-55,
14and 1-60.
15    Section 15. The State Finance Act is amended by changing
16Sections 6p-1 and 8.16a as follows:
17    (30 ILCS 105/6p-1)  (from Ch. 127, par. 142p1)
18    Sec. 6p-1. The Technology Management Revolving Fund
19(formerly known as the Statistical Services Revolving Fund)
20shall be initially financed by a transfer of funds from the
21General Revenue Fund. Thereafter, all fees and other monies
22received by the Department of Innovation and Technology in
23payment for information technology and related services



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1rendered pursuant to subsection (e) of Section 1-15 (b) of
2Section 1-30 of the Department of Innovation and Technology
3Act shall be paid into the Technology Management Revolving
4Fund. On and after July 1, 2017, or after sufficient moneys
5have been received in the Communications Revolving Fund to pay
6all Fiscal Year 2017 obligations payable from the Fund,
7whichever is later, all fees and other moneys received by the
8Department of Central Management Services in payment for
9communications services rendered pursuant to the Department of
10Central Management Services Law of the Civil Administrative
11Code of Illinois or sale of surplus State communications
12equipment shall be paid into the Technology Management
13Revolving Fund. The money in this fund shall be used by the
14Department of Innovation and Technology as reimbursement for
15expenditures incurred in rendering information technology and
16related services and, beginning July 1, 2017, as reimbursement
17for expenditures incurred in relation to communications
19(Source: P.A. 100-23, eff. 7-6-17; 100-611, eff. 7-20-18;
20101-81, eff. 7-12-19.)
21    (30 ILCS 105/8.16a)  (from Ch. 127, par. 144.16a)
22    Sec. 8.16a. Appropriations for the procurement,
23installation, retention, maintenance, and operation of
24electronic data processing and information technology devices
25and software used by State agencies subject to subsection (e)



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1of Section 1-15 (b) of Section 1-30 of the Department of
2Innovation and Technology Act, the purchase of necessary
3supplies and equipment and accessories thereto, and all other
4expenses incident to the operation and maintenance of those
5electronic data processing and information technology devices
6and software are payable from the Technology Management
7Revolving Fund. However, no contract shall be entered into or
8obligation incurred for any expenditure from the Technology
9Management Revolving Fund until after the purpose and amount
10has been approved in writing by the Secretary of Innovation
11and Technology. Until there are sufficient funds in the
12Technology Management Revolving Fund (formerly known as the
13Statistical Services Revolving Fund) to carry out the purposes
14of this amendatory Act of 1965, however, the State agencies
15subject to subsection (b) of Section 1-30 of the Department of
16Innovation and Technology Act shall, on written approval of
17the Secretary of Innovation and Technology, pay the cost of
18operating and maintaining electronic data processing systems
19from current appropriations as classified and standardized in
20the State Finance Act.
21(Source: P.A. 100-23, eff. 7-6-17; 100-611, eff. 7-20-18;
22101-81, eff. 7-12-19.)