Illinois General Assembly - Full Text of HB5611
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Full Text of HB5611  100th General Assembly

HB5611enr 100TH GENERAL ASSEMBLY

  
  
  

 


 
HB5611 EnrolledLRB100 20507 RJF 35882 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
Article 1. Department of Innovation and Technology

 
5    Section 1-1. Short title. This Article may be cited as the
6Department of Innovation and Technology Act. References in this
7Article to "this Act" mean this Article.
 
8    Section 1-5. Definitions. In this Act:
9    "Bureau of Communications and Computer Services" means the
10Bureau of Communications and Computer Services, also known as
11the Bureau of Information and Communication Services, created
12by rule (2 Illinois Administrative Code 750.40) within the
13Department of Central Management Services.
14    "Client agency" means each transferring agency, or its
15successor. "Client agency" also includes each other public
16agency to which the Department provides service.
17    "Dedicated unit" means the dedicated bureau, division,
18office, or other unit within a transferring agency that is
19responsible for the information technology functions of the
20transferring agency. For the Office of the Governor, "dedicated
21unit" means the Information Technology Office, also known as
22the Office of the Chief Information Officer. For the Department

 

 

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1of Central Management Services, "dedicated unit" means the
2Bureau of Communications and Computer Services, also known as
3the Bureau of Information and Communication Services.
4    "Department" means the Department of Innovation and
5Technology.
6    "Information technology" means technology, infrastructure,
7equipment, systems, software, networks, and processes used to
8create, send, receive, and store electronic or digital
9information, including, without limitation, computer systems
10and telecommunication services and systems. "Information
11technology" shall be construed broadly to incorporate future
12technologies (such as sensors and balanced private hybrid or
13public cloud posture tailored to the mission of the agency)
14that change or supplant those in effect as of the effective
15date of this Act.
16    "Information technology functions" means the development,
17procurement, installation, retention, maintenance, operation,
18possession, storage, and related functions of all information
19technology.
20    "Information Technology Office" means the Information
21Technology Office, also known as the Office of the Chief
22Information Officer, within the Office of the Governor, created
23by Executive Order 1999-05, or its successor.
24    "Legacy information technology division" means any
25division, bureau, or other unit of a transferring agency which
26has responsibility for information technology functions for

 

 

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1the agency prior to the transfer of those functions to the
2Department, including, without limitation, the Bureau of
3Communications and Computer Services.
4    "Secretary" means the Secretary of Innovation and
5Technology.
6    "State agency" means each State agency, department, board,
7and commission directly responsible to the Governor.
8    "Transferring agency" means the Department on Aging; the
9Departments of Agriculture, Central Management Services,
10Children and Family Services, Commerce and Economic
11Opportunity, Corrections, Employment Security, Financial and
12Professional Regulation, Healthcare and Family Services, Human
13Rights, Human Services, Insurance, Juvenile Justice, Labor,
14Lottery, Military Affairs, Natural Resources, Public Health,
15Revenue, State Police, Transportation, and Veterans' Affairs;
16the Capital Development Board; the Deaf and Hard of Hearing
17Commission; the Environmental Protection Agency; the
18Governor's Office of Management and Budget; the Guardianship
19and Advocacy Commission; the Historic Preservation Agency; the
20Illinois Arts Council; the Illinois Council on Developmental
21Disabilities; the Illinois Emergency Management Agency; the
22Illinois Gaming Board; the Illinois Health Information
23Exchange Authority; the Illinois Liquor Control Commission;
24the Illinois Student Assistance Commission; the Illinois
25Technology Office; the Office of the State Fire Marshal; and
26the Prisoner Review Board.
 

 

 

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1    Section 1-10. Transfer of functions. On and after March 25,
22016 (the effective date of Executive Order 2016-001):
3    (a) For each transferring agency, the dedicated unit or
4units within that agency responsible for information
5technology functions together with those information
6technology functions outside of the dedicated unit or units
7within a transferring agency to which this Act applies shall be
8designated by the Governor.
9    (b) All powers, duties, rights, and responsibilities of
10those dedicated units and information technology functions
11designated by the Governor are transferred to the Department of
12Innovation and Technology.
13    (c) The personnel of each transferring agency designated by
14the Governor are transferred to the Department of Innovation
15and Technology. The status and rights of the employees and the
16State of Illinois or its transferring agencies under the
17Personnel Code, the Illinois Public Labor Relations Act, and
18applicable collective bargaining agreements or under any
19pension, retirement, or annuity plan shall not be affected by
20this Act. Under the direction of the Governor, the Secretary,
21in consultation with the transferring agencies and labor
22organizations representing the affected employees, shall
23identify each position and employee who is engaged in the
24performance of functions transferred to the Department, or
25engaged in the administration of a law the administration of

 

 

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1which is transferred to the Department, to be transferred to
2the Department. An employee engaged primarily in providing
3administrative support to a legacy information technology
4division or information technology personnel may be considered
5engaged in the performance of functions transferred to the
6Department.
7    (d) All books, records, papers, documents, property (real
8and personal), contracts, causes of action, and pending
9business pertaining to the powers, duties, rights, and
10responsibilities relating to dedicated units and information
11technology functions transferred under this Act to the
12Department of Innovation and Technology, including, but not
13limited to, material in electronic or magnetic format and
14necessary computer hardware and software, shall be transferred
15to the Department of Innovation and Technology.
16    (e) All unexpended appropriations and balances and other
17funds available for use relating to dedicated units and
18information technology functions transferred under this Act
19shall be transferred for use by the Department of Innovation
20and Technology at the direction of the Governor. Unexpended
21balances so transferred shall be expended only for the purpose
22for which the appropriations were originally made.
23    (f) The powers, duties, rights, and responsibilities
24relating to dedicated units and information technology
25functions transferred by this Act shall be vested in and shall
26be exercised by the Department of Innovation and Technology.

 

 

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1    (g) Whenever reports or notices are now required to be made
2or given or papers or documents furnished or served by any
3person to or upon each dedicated unit in connection with any of
4the powers, duties, rights, and responsibilities relating to
5information technology functions transferred by this Act, the
6same shall be made, given, furnished, or served in the same
7manner to or upon the Department of Innovation and Technology.
8    (h) This Act does not affect any act done, ratified, or
9canceled or any right occurring or established or any action or
10proceeding had or commenced in an administrative, civil, or
11criminal cause by each dedicated unit relating to information
12technology functions before the transfer of responsibilities
13under this Act; such actions or proceedings may be prosecuted
14and continued by the Department of Innovation and Technology.
15    (i) Any rules of a dedicated unit or a transferring agency
16that relate to the powers, duties, rights, and responsibilities
17relating to the dedicated unit or to information technology
18functions and are in full force on the effective date of this
19Act shall become the rules of the Department of Innovation and
20Technology. This Act does not affect the legality of any such
21rules in the Illinois Administrative Code.
22    (j) Any proposed rules filed with the Secretary of State by
23the dedicated unit or the transferring agency that are pending
24in the rulemaking process on March 25, 2016 (the effective date
25of Executive Order 2016-001) and that pertain to the powers,
26duties, rights, and responsibilities of the dedicated unit or

 

 

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1the information technology functions transferred, shall be
2deemed to have been filed by the Department of Innovation and
3Technology. As soon as practicable, the Department of
4Innovation and Technology shall revise and clarify the rules
5transferred to it under this Act to reflect the reorganization
6of powers, duties, rights, and responsibilities relating to
7information technology functions affected by this Act, using
8the procedures for recodification of rules available under the
9Illinois Administrative Procedure Act, except that existing
10title, part, and section numbering for the affected rules may
11be retained. The Department of Innovation and Technology may
12propose and adopt under the Illinois Administrative Procedure
13Act such other rules of each dedicated unit or transferring
14agency that will now be administered by the Department of
15Innovation and Technology.
 
16    Section 1-15. Powers and duties. The Department shall
17promote best-in-class innovation and technology to client
18agencies to foster collaboration among client agencies,
19empower client agencies to provide better service to residents
20of Illinois, and maximize the value of taxpayer resources. The
21Department shall be responsible for information technology
22functions on behalf of client agencies.
23    The Department shall provide for and coordinate
24information technology for State agencies and, when requested
25and when in the best interests of the State, for State

 

 

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1constitutional offices, units of federal or local governments,
2and public and not-for-profit institutions of primary,
3secondary, and higher education, or other parties not
4associated with State government. The Department shall
5establish charges for information technology for State
6agencies and, when requested, for State constitutional
7offices, units of federal or local government, and public and
8not-for-profit institutions of primary, secondary, or higher
9education and for use by other parties not associated with
10State government. Entities charged for these services shall
11make payment to the Department. The Department may instruct all
12State agencies to report their usage of information technology
13regularly to the Department in the manner the Secretary may
14prescribe.
15    The Department and each public agency shall continue to
16have all authority provided to them under the Intergovernmental
17Cooperation Act and other applicable law to enter into
18interagency contracts. The Department may enter into contracts
19to use personnel and other resources that are retained by
20client agencies or other public agencies, to provide services
21to public agencies within the State, and for other appropriate
22purposes to accomplish the Department's mission.
 
23    Section 1-20. Security and interoperability. The
24Department shall develop and implement standards, policies,
25and procedures to protect the security and interoperability of

 

 

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1State data with respect to those agencies under the
2jurisdiction of the Governor, including in particular data that
3are confidential, sensitive, or protected from disclosure by
4privacy or other laws, while recognizing and balancing the need
5for collaboration and public transparency. The Department
6shall comply with applicable federal and State laws pertaining
7to information technology, data, and records of the Department
8and the client agencies, including, without limitation, the
9Freedom of Information Act, the State Records Act, the Personal
10Information Protection Act, the federal Health Insurance
11Portability and Accountability Act, the federal Health
12Information Technology for Economic and Clinical Health Act,
13and the federal Gramm-Leach-Bliley Act.
 
14    Section 1-25. Charges for services; non-State funding. The
15Department may establish charges for services rendered by the
16Department to client agencies from funds provided directly to
17the client agency by appropriation or otherwise. In
18establishing charges, the Department shall consult with client
19agencies to make charges transparent and clear and seek to
20minimize or avoid charges for costs for which the Department
21has other funding sources available.
22    Client agencies shall continue to apply for and otherwise
23seek federal funds and other capital and operational resources
24for technology for which the agencies are eligible and, subject
25to compliance with applicable laws, regulations, and grant

 

 

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1terms, make those funds available for use by the Department.
2The Department shall assist client agencies in identifying
3funding opportunities and, if funds are used by the Department,
4ensuring compliance with all applicable laws, regulations, and
5grant terms.
 
6    Section 1-30. Information technology.
7    (a) The Secretary shall be the Chief Information Officer
8for the State and the steward of State data with respect to
9those agencies under the jurisdiction of the Governor. It shall
10be the duty of the Department and the policy of the State of
11Illinois to manage or delegate the management of the
12procurement, retention, installation, maintenance, and
13operation of all information technology used by client
14agencies, so as to achieve maximum economy consistent with
15development of appropriate and timely information in a form
16suitable for management analysis, in a manner that provides for
17adequate security protection and back-up facilities for that
18equipment, the establishment of bonding requirements, and a
19code of conduct for all information technology personnel to
20ensure the privacy of information technology information as
21provided by law.
22    (b) The Department shall be responsible for providing the
23Governor with timely, comprehensive, and meaningful
24information pertinent to the formulation and execution of
25fiscal policy. In performing this responsibility the

 

 

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1Department shall have the power to do the following:
2        (1) Control the procurement, retention, installation,
3    maintenance, and operation, as specified by the
4    Department, of information technology equipment used by
5    client agencies in such a manner as to achieve maximum
6    economy and provide appropriate assistance in the
7    development of information suitable for management
8    analysis.
9        (2) Establish principles and standards of information
10    technology-related reporting by client agencies and
11    priorities for completion of research by those agencies in
12    accordance with the requirements for management analysis
13    specified by the Department.
14        (3) Establish charges for information technology and
15    related services requested by client agencies and rendered
16    by the Department. The Department is likewise empowered to
17    establish prices or charges for all information technology
18    reports purchased by agencies and individuals not
19    connected with State government.
20        (4) Instruct all client agencies to report regularly to
21    the Department, in the manner the Department may prescribe,
22    their usage of information technology, the cost incurred,
23    the information produced, and the procedures followed in
24    obtaining the information. All client agencies shall
25    request from the Department assistance and consultation in
26    securing any necessary information technology to support

 

 

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1    their requirements.
2        (5) Examine the accounts and information
3    technology-related data of any organization, body, or
4    agency receiving appropriations from the General Assembly,
5    except for a State constitutional office. For a State
6    constitutional office, the Department shall have the power
7    to examine the accounts and information technology-related
8    data of the State constitutional office when requested by
9    that office.
10        (6) Install and operate a modern information
11    technology system utilizing equipment adequate to satisfy
12    the requirements for analysis and review as specified by
13    the Department. Expenditures for information technology
14    and related services rendered shall be reimbursed by the
15    recipients. The reimbursement shall be determined by the
16    Department as amounts sufficient to reimburse the
17    Technology Management Revolving Fund for expenditures
18    incurred in rendering the services.
19    (c) In addition to the other powers and duties listed in
20subsection (b), the Department shall analyze the present and
21future aims, needs, and requirements of information
22technology, research, and planning in order to provide for the
23formulation of overall policy relative to the use of
24information technology and related equipment by the State of
25Illinois. In making this analysis, the Department shall
26formulate a master plan for information technology, utilizing

 

 

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1information technology most advantageously, and advising
2whether information technology should be leased or purchased by
3the State. The Department shall prepare and submit interim
4reports of meaningful developments and proposals for
5legislation to the Governor on or before January 30 each year.
6The Department shall engage in a continuing analysis and
7evaluation of the master plan so developed, and it shall be the
8responsibility of the Department to recommend from time to time
9any needed amendments and modifications of any master plan
10enacted by the General Assembly.
11    (d) The Department may make information technology and the
12use of information technology available to units of local
13government, elected State officials, State educational
14institutions, the judicial branch, the legislative branch, and
15all other governmental units of the State requesting them. The
16Department shall establish prices and charges for the
17information technology so furnished and for the use of the
18information technology. The prices and charges shall be
19sufficient to reimburse the cost of furnishing the services and
20use of information technology.
21    (e) The Department may establish standards to provide
22consistency in the operation and use of information technology.
 
23    Section 1-35. Communications.
24    (a) The Department shall develop and implement a
25comprehensive plan to coordinate or centralize communications

 

 

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1among State agencies with offices at different locations. The
2plan shall be updated based on a continuing study of
3communications problems of State government and shall include
4any information technology related equipment or service used
5for communication purposes including digital, analog, or
6future transmission medium, whether for voice, data, or any
7combination thereof. The plan shall take into consideration
8systems that might effect economies, including, but not limited
9to, quantity discount services and may include provision of
10telecommunications service to local and federal government
11entities located within this State if State interests can be
12served 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 priority.
23For this purpose the Department shall have the power to do all
24of 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 or
14    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" means
5all departments, officers, commissions, boards, institutions,
6and bodies politic and corporate of the State except (i) the
7judicial branch, including, without limitation, the several
8courts of the State, the offices of the clerk of the supreme
9court and the clerks of the appellate court, and the
10Administrative Office of the Illinois Courts, (ii) State
11constitutional offices, and (iii) the General Assembly,
12legislative service agencies, and all officers of the General
13Assembly.
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    Section 1-40. Bulk long distance telephone services for
18military personnel in military service.
19    (a) As used in this Section only:
20    "Immediate family" means a service member's spouse
21residing in the service member's household, brothers and
22sisters of the whole or of the half blood, children, including
23adopted children and stepchildren, parents, and grandparents.
24    "Military service" means any full-time training or duty, no
25matter how described under federal or State law, for which a

 

 

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1service member is ordered to report by the President, Governor
2of a state, commonwealth, or territory of the United States, or
3other appropriate military authority.
4    "Service member" means a resident of Illinois who is a
5member of any component of the United States Armed Forces or
6the National Guard of any state, the District of Columbia, a
7commonwealth, or a territory of the United States.
8    (b) The Department may enter into a contract to purchase
9bulk long distance telephone services and make them available
10at cost, or may make bulk long distance telephone services
11available at cost under any existing contract the Department
12has entered into, to persons in the immediate family of service
13members that have entered military service so that those
14persons in the service members' families can communicate with
15the service members. If the Department enters into a contract
16under this Section, it shall do so in accordance with the
17Illinois Procurement Code and in a nondiscriminatory manner
18that does not place any potential vendor at a competitive
19disadvantage.
20    (c) In order to be eligible to use bulk long distance
21telephone services purchased by the Department under this
22Section, a service member or person in the service member's
23immediate family must provide the Department with a copy of the
24orders calling the service member to military service in excess
25of 29 consecutive days and of any orders further extending the
26service member's period of military service.

 

 

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1    (d) If the Department enters into a contract under this
2Section, the Department shall adopt rules as necessary to
3implement this Section.
 
4    Section 1-45. Grants for distance learning services. The
5Department may award grants to public community colleges and
6education service centers for development and implementation
7of telecommunications systems that provide distance learning
8services.
 
9    Section 1-50. Rulemaking. The Department may adopt rules
10under the Illinois Administrative Procedure Act necessary to
11carry out its responsibilities under this Act.
 
12    Section 1-55. Executive Orders.
13    (a) Executive Order 2016-001. The Department of Innovation
14and Technology was created by Executive Order 2016-001. This
15Act is the implementation of that Executive Order, together
16with additional provisions to ensure that the Department of
17Innovation and Technology is able to function as intended under
18that Executive Order. The intent of this Act is to ensure that
19the Department is able to fulfill its duties and purpose under
20that Executive Order. In the event of a conflict between the
21provisions of the Executive Order and this Act, this Act shall
22be controlling.
23    (b) Executive Order 1999-05. The Information Technology

 

 

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1Office, also known as the Office of the Chief Information
2Officer, was created by Executive Order 1999-05. That Executive
3Order is superseded by this Act.
 
4    Section 1-60. Construction.
5    (a) Notwithstanding any provision of law to the contrary,
6on and after the effective date of this Act, references to
7"Bureau of Communications and Computer Services", "Bureau of
8Information and Communication Services", "Information
9Technology Office", or "Office of the Chief Information
10Officer" shall be construed as references to the Department of
11Innovation and Technology.
12    (b) Notwithstanding any provision of law to the contrary,
13on and after the effective date of this Act, references to
14"Chief Information Officer of the State" shall be construed as
15references to the Secretary of Innovation and Technology.
 
16    Section 1-905. The Civil Administrative Code of Illinois is
17amended by changing Sections 5-10, 5-15, 5-20, and 5-605 and by
18adding Sections 5-195 and 5-357 as follows:
 
19    (20 ILCS 5/5-10)  (was 20 ILCS 5/2.1)
20    Sec. 5-10. "Director". As used in the Civil Administrative
21Code of Illinois, unless the context clearly indicates
22otherwise, the word "director" means the several directors of
23the departments of State government as designated in Section

 

 

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15-20 of this Law and includes the Secretary of Financial and
2Professional Regulation, the Secretary of Innovation and
3Technology, the Secretary of Human Services, and the Secretary
4of Transportation.
5(Source: P.A. 91-239, eff. 1-1-00.)
 
6    (20 ILCS 5/5-15)  (was 20 ILCS 5/3)
7    Sec. 5-15. Departments of State government. The
8Departments of State government are created as follows:
9    The Department on Aging.
10    The Department of Agriculture.
11    The Department of Central Management Services.
12    The Department of Children and Family Services.
13    The Department of Commerce and Economic Opportunity.
14    The Department of Corrections.
15    The Department of Employment Security.
16    The Illinois Emergency Management Agency.
17    The Department of Financial and Professional Regulation.
18    The Department of Healthcare and Family Services.
19    The Department of Human Rights.
20    The Department of Human Services.
21    The Department of Innovation and Technology.
22    The Department of Juvenile Justice.
23    The Department of Labor.
24    The Department of the Lottery.
25    The Department of Natural Resources.

 

 

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1    The Department of Public Health.
2    The Department of Revenue.
3    The Department of State Police.
4    The Department of Transportation.
5    The Department of Veterans' Affairs.
6(Source: P.A. 96-328, eff. 8-11-09; 97-618, eff. 10-26-11.)
 
7    (20 ILCS 5/5-20)  (was 20 ILCS 5/4)
8    Sec. 5-20. Heads of departments. Each department shall have
9an officer as its head who shall be known as director or
10secretary and who shall, subject to the provisions of the Civil
11Administrative Code of Illinois, execute the powers and
12discharge the duties vested by law in his or her respective
13department.
14    The following officers are hereby created:
15    Director of Aging, for the Department on Aging.
16    Director of Agriculture, for the Department of
17Agriculture.
18    Director of Central Management Services, for the
19Department of Central Management Services.
20    Director of Children and Family Services, for the
21Department of Children and Family Services.
22    Director of Commerce and Economic Opportunity, for the
23Department of Commerce and Economic Opportunity.
24    Director of Corrections, for the Department of
25Corrections.

 

 

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1    Director of the Illinois Emergency Management Agency, for
2the Illinois Emergency Management Agency.
3    Director of Employment Security, for the Department of
4Employment Security.
5    Secretary of Financial and Professional Regulation, for
6the Department of Financial and Professional Regulation.
7    Director of Healthcare and Family Services, for the
8Department of Healthcare and Family Services.
9    Director of Human Rights, for the Department of Human
10Rights.
11    Secretary of Human Services, for the Department of Human
12Services.
13    Secretary of Innovation and Technology, for the Department
14of Innovation and Technology.
15    Director of Juvenile Justice, for the Department of
16Juvenile Justice.
17    Director of Labor, for the Department of Labor.
18    Director of the Lottery, for the Department of the Lottery.
19    Director of Natural Resources, for the Department of
20Natural Resources.
21    Director of Public Health, for the Department of Public
22Health.
23    Director of Revenue, for the Department of Revenue.
24    Director of State Police, for the Department of State
25Police.
26    Secretary of Transportation, for the Department of

 

 

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1Transportation.
2    Director of Veterans' Affairs, for the Department of
3Veterans' Affairs.
4(Source: P.A. 97-464, eff. 10-15-11; 97-618, eff. 10-26-11;
597-813, eff. 7-13-12; 98-499, eff. 8-16-13.)
 
6    (20 ILCS 5/5-195 new)
7    Sec. 5-195. In the Department of Innovation and Technology.
8Assistant Secretary of Innovation and Technology.
 
9    (20 ILCS 5/5-357 new)
10    Sec. 5-357. In the Department of Innovation and Technology.
11The Secretary of Innovation and Technology and the Assistant
12Secretary of Innovation and Technology shall each receive an
13annual salary as set by law.
 
14    (20 ILCS 5/5-605)  (was 20 ILCS 5/12)
15    Sec. 5-605. Appointment of officers. Each officer whose
16office is created by the Civil Administrative Code of Illinois
17or by any amendment to the Code shall be appointed by the
18Governor, by and with the advice and consent of the Senate. In
19case of vacancies in those offices during the recess of the
20Senate, the Governor shall make a temporary appointment until
21the next meeting of the Senate, when the Governor shall
22nominate some person to fill the office, and any person so
23nominated who is confirmed by the Senate shall hold office

 

 

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1during the remainder of the term and until his or her successor
2is appointed and qualified. If the Senate is not in session at
3the time the Code or any amendments to the Code take effect,
4the Governor shall make a temporary appointment as in the case
5of a vacancy.
6    During the absence or inability to act of the director or
7secretary of any department, or of the Secretary of Human
8Services or the Secretary of Transportation, or in case of a
9vacancy in any such office until a successor is appointed and
10qualified, the Governor may designate some person as acting
11director or acting secretary to execute the powers and
12discharge the duties vested by law in that director or
13secretary.
14    During the term of a General Assembly, the Governor may not
15designate a person to serve as an acting director or secretary
16under this Section if that person's nomination to serve as the
17director or secretary of that same Department was rejected by
18the Senate of the same General Assembly. This Section is
19subject to the provisions of subsection (c) of Section 3A-40 of
20the Illinois Governmental Ethics Act.
21(Source: P.A. 97-582, eff. 8-26-11.)
 
22    Section 1-910. The Department of Central Management
23Services Law of the Civil Administrative Code of Illinois is
24amended by changing Sections 405-10, 405-270, and 405-410 as
25follows:
 

 

 

HB5611 Enrolled- 25 -LRB100 20507 RJF 35882 b

1    (20 ILCS 405/405-10)  (was 20 ILCS 405/35.3)
2    Sec. 405-10. Director's duties; State policy. It shall be
3the duty of the Director and the policy of the State of
4Illinois to do the following:
5        (1) Place financial responsibility on State agencies
6    (as defined in subsection (b) of Section 405-5) and hold
7    them accountable for the proper discharge of this
8    responsibility.
9        (2) Require professional, accurate, and current
10    accounting with the State agencies (as defined in
11    subsection (b) of Section 405-5).
12        (3) Decentralize fiscal, procedural, and
13    administrative operations to expedite the business of the
14    State and to avoid expense, unwieldiness, inefficiency,
15    and unnecessary duplication where decentralization is
16    consistent with proper fiscal management.
17        (4) (Blank). Manage or delegate the management of the
18    procurement, retention, installation, maintenance, and
19    operation of all electronic data processing equipment used
20    by State agencies as defined in Section 405-20, so as to
21    achieve maximum economy consistent with development of
22    adequate and timely information in a form suitable for
23    management analysis, in a manner that provides for adequate
24    security protection and back-up facilities for that
25    equipment, the establishment of bonding requirements, and

 

 

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1    a code of conduct for all electronic data processing
2    personnel to ensure the privacy of electronic data
3    processing information as provided by law.
4(Source: P.A. 91-239, eff. 1-1-00.)
 
5    (20 ILCS 405/405-270)  (was 20 ILCS 405/67.18)
6    Sec. 405-270. Broadcast communications Communications
7services. To provide for and coordinate broadcast co-ordinate
8communications services for State agencies and, when requested
9and when in the best interests of the State, for units of
10federal or local governments and public and not-for-profit
11institutions of primary, secondary, and higher education. The
12Department may make use of its satellite uplink available to
13interested parties not associated with State government
14provided that State government usage shall have first priority.
15For this purpose the Department shall have the power and duty
16to do all of the following:
17        (1) Provide for and control the procurement,
18    retention, installation, and maintenance of video
19    recording, satellite uplink, public information, and
20    broadcast communications equipment or services used by
21    State agencies in the interest of efficiency and economy.
22        (2) (Blank). Establish standards by January 1, 1989 for
23    communications services for State agencies which shall
24    include a minimum of one telecommunication device for the
25    deaf installed and operational within each State agency, to

 

 

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1    provide public access to agency information for those
2    persons who are hearing or speech impaired. The Department
3    shall consult the Department of Human Services to develop
4    standards and implementation for this equipment.
5        (3) Establish charges (i) for video recording,
6    satellite uplink, public information, and broadcast
7    communication services for State agencies and, when
8    requested, for units of federal or local government and
9    public and not-for-profit institutions of primary,
10    secondary, or higher education and (ii) for use of the
11    Department's satellite uplink by parties not associated
12    with State government. Entities charged for these services
13    shall reimburse the Department.
14        (4) Instruct all State agencies to report their usage
15    of video recording, satellite uplink, public information,
16    and broadcast communication services regularly to the
17    Department in the manner the Director may prescribe.
18        (5) Analyze the present and future aims and needs of
19    all State agencies in the area of video recording,
20    satellite uplink, public information, and broadcast
21    communications services and plan to serve those aims and
22    needs in the most effective and efficient manner.
23        (6) Provide services, including, but not limited to,
24    telecommunications, video recording, satellite uplink,
25    public information, and broadcast other communications
26    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    The Department is authorized, in consultation with the
5Department of Innovation and Technology, to conduct a study for
6the purpose of determining technical, engineering, and
7management specifications for the networking, compatible
8connection, or shared use of existing and future public and
9private owned television broadcast and reception facilities,
10including but not limited to terrestrial microwave, fiber
11optic, and satellite, for broadcast and reception of
12educational, governmental, and business programs, and to
13implement those specifications.
14    However, the Department may not control or interfere with
15the input of content into the broadcast communications
16telecommunications systems by the several State agencies or
17units of federal or local government, or public or
18not-for-profit institutions of primary, secondary, and higher
19education, or users of the Department's satellite uplink.
20    As used in this Section, the term "State agencies" means
21all departments, officers, commissions, boards, institutions,
22and bodies politic and corporate of the State except (i) the
23judicial branch, including, without limitation, the several
24courts of the State, the offices of the clerk of the supreme
25court and the clerks of the appellate court, and the
26Administrative Office of the Illinois Courts and (ii) the

 

 

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1General Assembly, legislative service agencies, and all
2officers of the General Assembly.
3    This Section does not apply to the procurement of Next
4Generation 9-1-1 service as governed by Section 15.6b of the
5Emergency Telephone System Act.
6    In the event of a conflict between the provisions of this
7Section and any provision of the Department of Innovation and
8Technology Act, the Department of Innovation and Technology Act
9shall be controlling.
10(Source: P.A. 99-6, eff. 1-1-16.)
 
11    (20 ILCS 405/405-410)
12    Sec. 405-410. Transfer of Information Technology
13functions.
14    (a) Notwithstanding any other law to the contrary, the
15Secretary of Innovation and Technology Director of Central
16Management Services, working in cooperation with the Director
17of any other agency, department, board, or commission directly
18responsible to the Governor, may direct the transfer, to the
19Department of Innovation and Technology Central Management
20Services, of those information technology functions at that
21agency, department, board, or commission that are suitable for
22centralization.
23    Upon receipt of the written direction to transfer
24information technology functions to the Department of
25Innovation and Technology Central Management Services, the

 

 

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1personnel, equipment, and property (both real and personal)
2directly relating to the transferred functions shall be
3transferred to the Department of Innovation and Technology
4Central Management Services, and the relevant documents,
5records, and correspondence shall be transferred or copied, as
6the Secretary Director may prescribe.
7    (b) Upon receiving written direction from the Secretary of
8Innovation and Technology Director of Central Management
9Services, the Comptroller and Treasurer are authorized to
10transfer the unexpended balance of any appropriations related
11to the information technology functions transferred to the
12Department of Innovation and Technology Central Management
13Services and shall make the necessary fund transfers from any
14special fund in the State Treasury or from any other federal or
15State trust fund held by the Treasurer to the General Revenue
16Fund or the Technology Management Revolving Fund, as designated
17by the Secretary of Innovation and Technology Director of
18Central Management Services, for use by the Department of
19Innovation and Technology Central Management Services in
20support of information technology functions or any other
21related costs or expenses of the Department of Innovation and
22Technology Central Management Services.
23    (c) The rights of employees and the State and its agencies
24under the Personnel Code and applicable collective bargaining
25agreements or under any pension, retirement, or annuity plan
26shall not be affected by any transfer under this Section.

 

 

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1    (d) The functions transferred to the Department of
2Innovation and Technology Central Management Services by this
3Section shall be vested in and shall be exercised by the
4Department of Innovation and Technology Central Management
5Services. Each act done in the exercise of those functions
6shall have the same legal effect as if done by the agencies,
7offices, divisions, departments, bureaus, boards and
8commissions from which they were transferred.
9    Every person or other entity shall be subject to the same
10obligations and duties and any penalties, civil or criminal,
11arising therefrom, and shall have the same rights arising from
12the exercise of such rights, powers, and duties as had been
13exercised by the agencies, offices, divisions, departments,
14bureaus, boards, and commissions from which they were
15transferred.
16    Whenever reports or notices are now required to be made or
17given or papers or documents furnished or served by any person
18in regards to the functions transferred to or upon the
19agencies, offices, divisions, departments, bureaus, boards,
20and commissions from which the functions were transferred, the
21same shall be made, given, furnished or served in the same
22manner to or upon the Department of Innovation and Technology
23Central Management Services.
24    This Section does not affect any act done, ratified, or
25cancelled or any right occurring or established or any action
26or proceeding had or commenced in an administrative, civil, or

 

 

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1criminal cause regarding the functions transferred, but those
2proceedings may be continued by the Department of Innovation
3and Technology Central Management Services.
4    This Section does not affect the legality of any rules in
5the Illinois Administrative Code regarding the functions
6transferred in this Section that are in force on the effective
7date of this Section. If necessary, however, the affected
8agencies shall propose, adopt, or repeal rules, rule
9amendments, and rule recodifications as appropriate to
10effectuate this Section.
11(Source: P.A. 100-23, eff. 7-6-17.)
 
12    (20 ILCS 405/405-20 rep.)
13    (20 ILCS 405/405-250 rep.)
14    (20 ILCS 405/405-255 rep.)
15    (20 ILCS 405/405-260 rep.)
16    (20 ILCS 405/405-265 rep.)
17    Section 1-915. The Department of Central Management
18Services Law of the Civil Administrative Code of Illinois is
19amended by repealing Sections 405-20, 405-250, 405-255,
20405-260, and 405-265.
 
21    Section 1-920. The Department of Commerce and Economic
22Opportunity Law of the Civil Administrative Code of Illinois is
23amended by changing Sections 605-680 as follows:
 

 

 

HB5611 Enrolled- 33 -LRB100 20507 RJF 35882 b

1    (20 ILCS 605/605-680)
2    Sec. 605-680. Illinois goods and services website.
3    (a) The Department, in consultation with the Department of
4Innovation and Technology, must establish and maintain an
5Internet website devoted to the marketing of Illinois goods and
6services by linking potential purchasers with producers of
7goods and services who are located in the State.
8    (b) The Department must advertise the website to encourage
9inclusion of producers on the website and to encourage the use
10of the website by potential purchasers.
11(Source: P.A. 93-868, eff. 1-1-05.)
 
12    Section 1-925. The Department of Commerce and Economic
13Opportunity Law of the Civil Administrative Code of Illinois is
14amended by changing Section 605-1007 as follows:
 
15    (20 ILCS 605/605-1007)
16    Sec. 605-1007. New business permitting portal.
17    (a) By July 1, 2017, the Department shall create and
18maintain, in consultation with the Department of Innovation and
19Technology, a website to help persons wishing to create new
20businesses or relocate businesses to Illinois. The Department
21shall consult with at least one organization representing small
22businesses in this State while creating the website.
23    (b) The website shall include:
24        (1) an estimate of license and permitting fees for

 

 

HB5611 Enrolled- 34 -LRB100 20507 RJF 35882 b

1    different businesses;
2        (2) State government application forms for business
3    licensing or registration;
4        (3) hyperlinks to websites of the responsible agency or
5    organization responsible for accepting the application;
6    and
7        (4) contact information for any local government
8    permitting agencies that may be relevant.
9    (c) The Department shall contact all agencies to obtain
10business forms and other information for this website. Those
11agencies shall respond to the Department before July 1, 2016.
12    (d) The website shall also include some mechanism for the
13potential business owner to request more information from the
14Department that may be helpful in starting the business,
15including, but not limited to, State-based incentives that the
16business owner may qualify for when starting or relocating a
17business.
18    (e) The Department shall update the website at least once a
19year before July 1. The Department shall request that other
20State agencies report any changes in applicable application
21forms to the Department by June 1 of every year after 2016.
22(Source: P.A. 99-134, eff. 1-1-16.)
 
23    Section 1-930. The State Fire Marshal Act is amended by
24changing Section 2.5 as follows:
 

 

 

HB5611 Enrolled- 35 -LRB100 20507 RJF 35882 b

1    (20 ILCS 2905/2.5)
2    Sec. 2.5. Equipment exchange program.
3    (a) The Office shall create and maintain an equipment
4exchange program under which fire departments, fire protection
5districts, and township fire departments can donate or sell
6equipment to, trade equipment with, or buy equipment from each
7other.
8    (b) Under this program, the Office, in consultation with
9the Department of Innovation and Technology shall maintain a
10website that allows fire departments, fire protection
11districts, and township fire departments to post information
12and photographs about needed equipment and equipment that is
13available for trade, donation, or sale. This website must be
14separate from, and not a part of, the Office's main website;
15however, the Office must post a hyperlink on its main website
16that points to the website established under this subsection
17(b).
18    (c) The Office or a fire department, fire protection
19district, or township fire department that donates, trades, or
20sells fire protection equipment to another fire department,
21fire protection district, or township fire department under
22this Section is not liable for any damage or injury caused by
23the donated, traded, or sold fire protection equipment, except
24for damage or injury caused by its willful and wanton
25misconduct, if it discloses in writing to the recipient at the
26time of the donation, trade, or sale any known damage to or

 

 

HB5611 Enrolled- 36 -LRB100 20507 RJF 35882 b

1deficiencies in the equipment.
2    This Section does not relieve any fire department, fire
3protection district, or township fire department from
4liability, unless otherwise provided by law, for any damage or
5injury caused by donated, traded, or sold fire protection
6equipment that was received through the equipment exchange
7program.
8    (d) The Office must promote the program to encourage the
9efficient exchange of equipment among local government
10entities.
11    (e) The Office must implement the changes to the equipment
12exchange program required under this amendatory Act of the 94th
13General Assembly no later than July 1, 2006.
14(Source: P.A. 93-305, eff. 7-23-03; 94-175, eff. 7-12-05.)
 
15    Section 1-935. The Illinois Century Network Act is amended
16by changing Sections 5, 10, and 15 and by adding Section 7 as
17follows:
 
18    (20 ILCS 3921/5)
19    Sec. 5. Legislative findings and declarations. The General
20Assembly finds and declares:
21        (1) That computing and communications technologies are
22    essential for sustaining economic competitiveness and
23    fostering the educational vitality of this State.
24        (2) That there is an established need for a

 

 

HB5611 Enrolled- 37 -LRB100 20507 RJF 35882 b

1    telecommunications infrastructure that will provide
2    high-speed, reliable, and cost-effective digital
3    connections throughout the State.
4        (3) That a network is required that will deliver
5    educational programs, advanced training, and access to the
6    growing global wealth of information services to citizens
7    in all parts of this State.
8        (4) That the State and communication providers shall
9    continue to collaborate to deliver communications links to
10    anchor institutions in Illinois.
11(Source: P.A. 91-21, eff. 7-1-99.)
 
12    (20 ILCS 3921/7 new)
13    Sec. 7. Definitions. Beginning on July 1, 2018, as used in
14this Act, "anchor institutions" means Illinois schools,
15institutions of higher education, libraries, museums, research
16institutions, State agencies, and units of local government.
 
17    (20 ILCS 3921/10)
18    Sec. 10. Illinois Century Network. The Illinois Century
19Network shall be a service creating and maintaining high speed
20telecommunications networks that provide reliable
21communication links for wholesale connections with other
22registered or certified providers and the direct communication
23needs of various anchor institutions throughout Illinois to and
24among Illinois schools, institutions of higher education,

 

 

HB5611 Enrolled- 38 -LRB100 20507 RJF 35882 b

1libraries, museums, research institutions, State agencies,
2units of local government, and other local entities that
3provide services to Illinois citizens. The Illinois Century
4Network may shall build on existing investments in networking
5schools, colleges, and universities, and shall avoid
6duplication of existing communication networks if those
7networks are capable of maintaining future efforts, maintain
8sufficient capacity to meet the requirements of anchor
9institutions the participating institutions, and stay current
10with rapid developments in technology. The Illinois Century
11Network shall be capable of delivering state-of-the-art access
12to education, training, and electronic information and shall
13provide access to networking technologies for institutions
14located in even the most remote areas of this State.
15    By July 1, 2019, the Department of Innovation and
16Technology shall perform a comprehensive review of the Illinois
17Century Network including, but not limited to, assets,
18connections, hardware, and capacity of the current network.
19Nothing in this amendatory Act of the 100th General Assembly
20shall change contractual obligations of the Illinois Century
21Network that are effective on or before the effective date of
22this amendatory Act of the 100th General Assembly.
23(Source: P.A. 91-21, eff. 7-1-99; 92-691, eff. 7-18-02.)
 
24    (20 ILCS 3921/15)
25    Sec. 15. Management of the Illinois Century Network.

 

 

HB5611 Enrolled- 39 -LRB100 20507 RJF 35882 b

1    (a) The Department of Innovation and Technology shall
2govern the staffing and contractual services necessary to
3support the activities of the Illinois Century Network.
4Staffing and contractual services necessary to support the
5network's activities shall be governed by the Illinois Century
6Network Policy Committee. The committee shall include:
7        (1) 6 standing members as follows:
8            (i) the Illinois State Library Director or
9        designee;
10            (ii) the Illinois State Museum Director or
11        designee;
12            (iii) the Executive Director of the Board of Higher
13        Education or designee;
14            (iv) the Executive Director of the Illinois
15        Community College Board or designee;
16            (v) the State Board of Education State
17        Superintendent or designee; and
18            (vi) the Director of Central Management Services
19        or designee;
20        (2) up to 7 members who are appointed by the Governor
21    and who:
22            (i) have experience and background in private K-12
23        education, private higher education, or who are from
24        other participant constituents that are not already
25        represented;
26            (ii) shall serve staggered terms up to 3 years as

 

 

HB5611 Enrolled- 40 -LRB100 20507 RJF 35882 b

1        designated by the Governor; and
2            (iii) shall serve until a successor is appointed
3        and qualified; and
4        (3) a Chairperson who is appointed by the Governor and
5    who shall serve a term of 2 years and until a successor is
6    appointed and qualified.
7    (b) (Blank). Illinois Century Network Policy Committee
8members shall serve without compensation but shall be entitled
9to reimbursement for reasonable expenses of travel for members
10who are required to travel for a distance greater than 20 miles
11to participate in business of the Illinois Century Network
12Policy Committee.
13(Source: P.A. 98-719, eff. 1-1-15.)
 
14    (20 ILCS 3921/20 rep.)
15    Section 1-937. The Illinois Century Network Act is amended
16by repealing Section 20.
 
17    Section 1-940. The State Finance Act is amended by changing
18Sections 6p-1, 6p-2, 8.16a, and 8.16b as follows:
 
19    (30 ILCS 105/6p-1)  (from Ch. 127, par. 142p1)
20    Sec. 6p-1. The Technology Management Revolving Fund
21(formerly known as the Statistical Services Revolving Fund)
22shall be initially financed by a transfer of funds from the
23General Revenue Fund. Thereafter, all fees and other monies

 

 

HB5611 Enrolled- 41 -LRB100 20507 RJF 35882 b

1received by the Department of Innovation and Technology Central
2Management Services in payment for information technology and
3related statistical services rendered pursuant to subsection
4(b) of Section 30 of the Department of Innovation and
5Technology Act Section 405-20 of the Department of Central
6Management Services Law (20 ILCS 405/405-20) shall be paid into
7the Technology Management Revolving Fund. On and after July 1,
82017, or after sufficient moneys have been received in the
9Communications Revolving Fund to pay all Fiscal Year 2017
10obligations payable from the Fund, whichever is later, all fees
11and other moneys received by the Department of Central
12Management Services in payment for communications services
13rendered pursuant to the Department of Central Management
14Services Law of the Civil Administrative Code of Illinois or
15sale of surplus State communications equipment shall be paid
16into the Technology Management Revolving Fund. The money in
17this fund shall be used by the Department of Innovation and
18Technology Central Management Services as reimbursement for
19expenditures incurred in rendering information technology and
20related statistical services and, beginning July 1, 2017, as
21reimbursement for expenditures incurred in relation to
22communications services.
23(Source: P.A. 100-23, eff. 7-6-17.)
 
24    (30 ILCS 105/6p-2)  (from Ch. 127, par. 142p2)
25    Sec. 6p-2. The Communications Revolving Fund shall be

 

 

HB5611 Enrolled- 42 -LRB100 20507 RJF 35882 b

1initially financed by a transfer of funds from the General
2Revenue Fund. Thereafter, through June 30, 2017, all fees and
3other monies received by the Department of Innovation and
4Technology Central Management Services in payment for
5communications services rendered pursuant to the Department of
6Innovation and Technology Act Central Management Services Law
7or sale of surplus State communications equipment shall be paid
8into the Communications Revolving Fund. Except as otherwise
9provided in this Section, the money in this fund shall be used
10by the Department of Innovation and Technology Central
11Management Services as reimbursement for expenditures incurred
12in relation to communications services.
13    On the effective date of this amendatory Act of the 93rd
14General Assembly, or as soon as practicable thereafter, the
15State Comptroller shall order transferred and the State
16Treasurer shall transfer $3,000,000 from the Communications
17Revolving Fund to the Emergency Public Health Fund to be used
18for the purposes specified in Section 55.6a of the
19Environmental Protection Act.
20    In addition to any other transfers that may be provided for
21by law, on July 1, 2011, or as soon thereafter as practical,
22the State Comptroller shall direct and the State Treasurer
23shall transfer the sum of $5,000,000 from the General Revenue
24Fund to the Communications Revolving Fund.
25    Notwithstanding any other provision of law, in addition to
26any other transfers that may be provided by law, on July 1,

 

 

HB5611 Enrolled- 43 -LRB100 20507 RJF 35882 b

12017, or after sufficient moneys have been received in the
2Communications Revolving Fund to pay all Fiscal Year 2017
3obligations payable from the Fund, whichever is later, the
4State Comptroller shall direct and the State Treasurer shall
5transfer the remaining balance from the Communications
6Revolving Fund into the Technology Management Revolving Fund.
7Upon completion of the transfer, any future deposits due to
8that Fund and any outstanding obligations or liabilities of
9that Fund pass to the Technology Management Revolving Fund.
10(Source: P.A. 100-23, eff. 7-6-17.)
 
11    (30 ILCS 105/8.16a)  (from Ch. 127, par. 144.16a)
12    Sec. 8.16a. Appropriations for the procurement,
13installation, retention, maintenance and operation of
14electronic data processing and information technology devices
15and software used by State state agencies subject to subsection
16(b) of Section 30 of the Department of Innovation and
17Technology Act Section 405-20 of the Department of Central
18Management Services Law (20 ILCS 405/405-20), the purchase of
19necessary supplies and equipment and accessories thereto, and
20all other expenses incident to the operation and maintenance of
21those electronic data processing and information technology
22devices and software are payable from the Technology Management
23Revolving Fund. However, no contract shall be entered into or
24obligation incurred for any expenditure from the Technology
25Management Revolving Fund until after the purpose and amount

 

 

HB5611 Enrolled- 44 -LRB100 20507 RJF 35882 b

1has been approved in writing by the Secretary of Innovation and
2Technology Director of Central Management Services. Until
3there are sufficient funds in the Technology Management
4Revolving Fund (formerly known as the Statistical Services
5Revolving Fund) to carry out the purposes of this amendatory
6Act of 1965, however, the State agencies subject to subsection
7(b) of Section 30 of the Department of Innovation and
8Technology Act that Section 405-20 shall, on written approval
9of the Secretary of Innovation and Technology Director of
10Central Management Services, pay the cost of operating and
11maintaining electronic data processing systems from current
12appropriations as classified and standardized in the State
13Finance Act.
14(Source: P.A. 100-23, eff. 7-6-17.)
 
15    (30 ILCS 105/8.16b)  (from Ch. 127, par. 144.16b)
16    Sec. 8.16b. Appropriations for expenses related to
17communications services pursuant to the Civil Administrative
18Code of Illinois are payable from the Communications Revolving
19Fund. However, no contract shall be entered into or obligation
20incurred for any expenditure from the Communications Revolving
21Fund until after the purpose and amount has been approved in
22writing by the Secretary of Innovation and Technology Director
23of Central Management Services.
24(Source: P.A. 87-817.)
 

 

 

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1    Section 1-943. The Illinois Procurement Code is amended by
2changing Section 20-60 as follows:
 
3    (30 ILCS 500/20-60)
4    Sec. 20-60. Duration of contracts.
5    (a) Maximum duration. A contract may be entered into for
6any period of time deemed to be in the best interests of the
7State but not exceeding 10 years inclusive, beginning January
81, 2010, of proposed contract renewals. Third parties may lease
9State-owned dark fiber networks for any period of time deemed
10to be in the best interest of the State, but not exceeding 20
11years. The length of a lease for real property or capital
12improvements shall be in accordance with the provisions of
13Section 40-25. The length of energy conservation program
14contracts or energy savings contracts or leases shall be in
15accordance with the provisions of Section 25-45. A contract for
16bond or mortgage insurance awarded by the Illinois Housing
17Development Authority, however, may be entered into for any
18period of time less than or equal to the maximum period of time
19that the subject bond or mortgage may remain outstanding.
20    (b) Subject to appropriation. All contracts made or entered
21into shall recite that they are subject to termination and
22cancellation in any year for which the General Assembly fails
23to make an appropriation to make payments under the terms of
24the contract.
25    (c) The chief procurement officer shall file a proposed

 

 

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1extension or renewal of a contract with the Procurement Policy
2Board prior to entering into any extension or renewal if the
3cost associated with the extension or renewal exceeds $249,999.
4The Procurement Policy Board may object to the proposed
5extension or renewal within 30 calendar days and require a
6hearing before the Board prior to entering into the extension
7or renewal. If the Procurement Policy Board does not object
8within 30 calendar days or takes affirmative action to
9recommend the extension or renewal, the chief procurement
10officer may enter into the extension or renewal of a contract.
11This subsection does not apply to any emergency procurement,
12any procurement under Article 40, or any procurement exempted
13by Section 1-10(b) of this Code. If any State agency contract
14is paid for in whole or in part with federal-aid funds, grants,
15or loans and the provisions of this subsection would result in
16the loss of those federal-aid funds, grants, or loans, then the
17contract is exempt from the provisions of this subsection in
18order to remain eligible for those federal-aid funds, grants,
19or loans, and the State agency shall file notice of this
20exemption with the Procurement Policy Board prior to entering
21into the proposed extension or renewal. Nothing in this
22subsection permits a chief procurement officer to enter into an
23extension or renewal in violation of subsection (a). By August
241 each year, the Procurement Policy Board shall file a report
25with the General Assembly identifying for the previous fiscal
26year (i) the proposed extensions or renewals that were filed

 

 

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1with the Board and whether the Board objected and (ii) the
2contracts exempt from this subsection.
3    (d) Notwithstanding the provisions of subsection (a) of
4this Section, the Department of Innovation and Technology may
5enter into leases for dark fiber networks for any period of
6time deemed to be in the best interests of the State but not
7exceeding 20 years inclusive. The Department of Innovation and
8Technology may lease dark fiber networks from third parties
9only for the primary purpose of providing services to (i) the
10offices of Governor, Lieutenant Governor, Attorney General,
11Secretary of State, Comptroller, or Treasurer and State
12agencies, as defined under Section 5-15 of the Civil
13Administrative Code of Illinois or (ii) for anchor
14institutions, as defined in Section 7 of the Illinois Century
15Network Act. Dark fiber network lease contracts shall be
16subject to all other provisions of this Code and any applicable
17rules or requirements, including, but not limited to,
18publication of lease solicitations, use of standard State
19contracting terms and conditions, and approval of vendor
20certifications and financial disclosures.
21    (e) As used in this Section, "dark fiber network" means a
22network of fiber optic cables laid but currently unused by a
23third party that the third party is leasing for use as network
24infrastructure.
25(Source: P.A. 100-23, eff. 7-6-17.)
 

 

 

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1    Section 1-945. The Grant Information Collection Act is
2amended by changing Section 10 as follows:
 
3    (30 ILCS 707/10)
4    Sec. 10. Grant information collection. The Secretary of
5Innovation and Technology Chief Information Officer of the
6State, as designated by the Governor, shall coordinate with
7each State agency to develop, with any existing or newly
8available resources and technology, appropriate systems to
9accurately report data containing financial information. These
10systems shall include a module that is specific to the
11management and administration of grant funds.
12    Each grantor agency that is authorized to award grant funds
13to an entity other than the State of Illinois shall coordinate
14with the Secretary of Innovation and Technology Chief
15Information Officer of the State to provide for the
16publication, at data.illinois.gov or any other publicly
17accessible website designated by the Chief Information
18Officer, of data sets containing information regarding awards
19of grant funds that the grantor agency has made during the
20previous fiscal year. Data sets shall be published on at least
21a quarterly basis and shall include, at a minimum, the
22following:
23        (1) the name of the grantor agency;
24        (2) the name and postal zip code of the grantee;
25        (3) a short description of the purpose of the award of

 

 

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1    grant funds;
2        (4) the amount of each award of grant funds;
3        (5) the date of each award of grant funds; and
4        (6) the duration of each award of grant funds.
5    In addition, each grantor agency shall make best efforts,
6with available resources and technology, to make available in
7the data sets any other data that is relevant to its award of
8grant funds.
9    Data not subject to the requirements of this Section
10include data to which a State agency may deny access pursuant
11to any provision of a federal, State, or local law, rule, or
12regulation.
13(Source: P.A. 98-589, eff. 1-1-14.)
 
14    Section 1-950. The Illinois Pension Code is amended by
15changing Sections 1-160, 14-110, 14-152.1, and 15-106 as
16follows:
 
17    (40 ILCS 5/1-160)
18    Sec. 1-160. Provisions applicable to new hires.
19    (a) The provisions of this Section apply to a person who,
20on or after January 1, 2011, first becomes a member or a
21participant under any reciprocal retirement system or pension
22fund established under this Code, other than a retirement
23system or pension fund established under Article 2, 3, 4, 5, 6,
2415 or 18 of this Code, notwithstanding any other provision of

 

 

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1this Code to the contrary, but do not apply to any self-managed
2plan established under this Code, to any person with respect to
3service as a sheriff's law enforcement employee under Article
47, or to any participant of the retirement plan established
5under Section 22-101. Notwithstanding anything to the contrary
6in this Section, for purposes of this Section, a person who
7participated in a retirement system under Article 15 prior to
8January 1, 2011 shall be deemed a person who first became a
9member or participant prior to January 1, 2011 under any
10retirement system or pension fund subject to this Section. The
11changes made to this Section by Public Act 98-596 are a
12clarification of existing law and are intended to be
13retroactive to January 1, 2011 (the effective date of Public
14Act 96-889), notwithstanding the provisions of Section 1-103.1
15of this Code.
16    This Section does not apply to a person who first becomes a
17noncovered employee under Article 14 on or after the
18implementation date of the plan created under Section 1-161 for
19that Article, unless that person elects under subsection (b) of
20Section 1-161 to instead receive the benefits provided under
21this Section and the applicable provisions of that Article.
22    This Section does not apply to a person who first becomes a
23member or participant under Article 16 on or after the
24implementation date of the plan created under Section 1-161 for
25that Article, unless that person elects under subsection (b) of
26Section 1-161 to instead receive the benefits provided under

 

 

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1this Section and the applicable provisions of that Article.
2    This Section does not apply to a person who elects under
3subsection (c-5) of Section 1-161 to receive the benefits under
4Section 1-161.
5    This Section does not apply to a person who first becomes a
6member or participant of an affected pension fund on or after 6
7months after the resolution or ordinance date, as defined in
8Section 1-162, unless that person elects under subsection (c)
9of Section 1-162 to receive the benefits provided under this
10Section and the applicable provisions of the Article under
11which he or she is a member or participant.
12    (b) "Final average salary" means the average monthly (or
13annual) salary obtained by dividing the total salary or
14earnings calculated under the Article applicable to the member
15or participant during the 96 consecutive months (or 8
16consecutive years) of service within the last 120 months (or 10
17years) of service in which the total salary or earnings
18calculated under the applicable Article was the highest by the
19number of months (or years) of service in that period. For the
20purposes of a person who first becomes a member or participant
21of any retirement system or pension fund to which this Section
22applies on or after January 1, 2011, in this Code, "final
23average salary" shall be substituted for the following:
24        (1) In Article 7 (except for service as sheriff's law
25    enforcement employees), "final rate of earnings".
26        (2) In Articles 8, 9, 10, 11, and 12, "highest average

 

 

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1    annual salary for any 4 consecutive years within the last
2    10 years of service immediately preceding the date of
3    withdrawal".
4        (3) In Article 13, "average final salary".
5        (4) In Article 14, "final average compensation".
6        (5) In Article 17, "average salary".
7        (6) In Section 22-207, "wages or salary received by him
8    at the date of retirement or discharge".
9    (b-5) Beginning on January 1, 2011, for all purposes under
10this Code (including without limitation the calculation of
11benefits and employee contributions), the annual earnings,
12salary, or wages (based on the plan year) of a member or
13participant to whom this Section applies shall not exceed
14$106,800; however, that amount shall annually thereafter be
15increased by the lesser of (i) 3% of that amount, including all
16previous adjustments, or (ii) one-half the annual unadjusted
17percentage increase (but not less than zero) in the consumer
18price index-u for the 12 months ending with the September
19preceding each November 1, including all previous adjustments.
20    For the purposes of this Section, "consumer price index-u"
21means the index published by the Bureau of Labor Statistics of
22the United States Department of Labor that measures the average
23change in prices of goods and services purchased by all urban
24consumers, United States city average, all items, 1982-84 =
25100. The new amount resulting from each annual adjustment shall
26be determined by the Public Pension Division of the Department

 

 

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1of Insurance and made available to the boards of the retirement
2systems and pension funds by November 1 of each year.
3    (c) A member or participant is entitled to a retirement
4annuity upon written application if he or she has attained age
567 (beginning January 1, 2015, age 65 with respect to service
6under Article 12 of this Code that is subject to this Section)
7and has at least 10 years of service credit and is otherwise
8eligible under the requirements of the applicable Article.
9    A member or participant who has attained age 62 (beginning
10January 1, 2015, age 60 with respect to service under Article
1112 of this Code that is subject to this Section) and has at
12least 10 years of service credit and is otherwise eligible
13under the requirements of the applicable Article may elect to
14receive the lower retirement annuity provided in subsection (d)
15of this Section.
16    (c-5) A person who first becomes a member or a participant
17under Article 8 or Article 11 of this Code on or after the
18effective date of this amendatory Act of the 100th General
19Assembly, notwithstanding any other provision of this Code to
20the contrary, is entitled to a retirement annuity upon written
21application if he or she has attained age 65 and has at least
2210 years of service credit under Article 8 or Article 11 of
23this Code and is otherwise eligible under the requirements of
24Article 8 or Article 11 of this Code, whichever is applicable.
25    (d) The retirement annuity of a member or participant who
26is retiring after attaining age 62 (beginning January 1, 2015,

 

 

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1age 60 with respect to service under Article 12 of this Code
2that is subject to this Section) with at least 10 years of
3service credit shall be reduced by one-half of 1% for each full
4month that the member's age is under age 67 (beginning January
51, 2015, age 65 with respect to service under Article 12 of
6this Code that is subject to this Section).
7    (d-5) The retirement annuity of a person who first becomes
8a member or a participant under Article 8 or Article 11 of this
9Code on or after the effective date of this amendatory Act of
10the 100th General Assembly who is retiring at age 60 with at
11least 10 years of service credit under Article 8 or Article 11
12shall be reduced by one-half of 1% for each full month that the
13member's age is under age 65.
14    (d-10) Each person who first became a member or participant
15under Article 8 or Article 11 of this Code on or after January
161, 2011 and prior to the effective date of this amendatory Act
17of the 100th General Assembly shall make an irrevocable
18election either:
19        (i) to be eligible for the reduced retirement age
20    provided in subsections (c-5) and (d-5) of this Section,
21    the eligibility for which is conditioned upon the member or
22    participant agreeing to the increases in employee
23    contributions for age and service annuities provided in
24    subsection (a-5) of Section 8-174 of this Code (for service
25    under Article 8) or subsection (a-5) of Section 11-170 of
26    this Code (for service under Article 11); or

 

 

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1        (ii) to not agree to item (i) of this subsection
2    (d-10), in which case the member or participant shall
3    continue to be subject to the retirement age provisions in
4    subsections (c) and (d) of this Section and the employee
5    contributions for age and service annuity as provided in
6    subsection (a) of Section 8-174 of this Code (for service
7    under Article 8) or subsection (a) of Section 11-170 of
8    this Code (for service under Article 11).
9    The election provided for in this subsection shall be made
10between October 1, 2017 and November 15, 2017. A person subject
11to this subsection who makes the required election shall remain
12bound by that election. A person subject to this subsection who
13fails for any reason to make the required election within the
14time specified in this subsection shall be deemed to have made
15the election under item (ii).
16    (e) Any retirement annuity or supplemental annuity shall be
17subject to annual increases on the January 1 occurring either
18on or after the attainment of age 67 (beginning January 1,
192015, age 65 with respect to service under Article 12 of this
20Code that is subject to this Section and beginning on the
21effective date of this amendatory Act of the 100th General
22Assembly, age 65 with respect to persons who: (i) first became
23members or participants under Article 8 or Article 11 of this
24Code on or after the effective date of this amendatory Act of
25the 100th General Assembly; or (ii) first became members or
26participants under Article 8 or Article 11 of this Code on or

 

 

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1after January 1, 2011 and before the effective date of this
2amendatory Act of the 100th General Assembly and made the
3election under item (i) of subsection (d-10) of this Section)
4or the first anniversary of the annuity start date, whichever
5is later. Each annual increase shall be calculated at 3% or
6one-half the annual unadjusted percentage increase (but not
7less than zero) in the consumer price index-u for the 12 months
8ending with the September preceding each November 1, whichever
9is less, of the originally granted retirement annuity. If the
10annual unadjusted percentage change in the consumer price
11index-u for the 12 months ending with the September preceding
12each November 1 is zero or there is a decrease, then the
13annuity shall not be increased.
14    For the purposes of Section 1-103.1 of this Code, the
15changes made to this Section by this amendatory Act of the
16100th General Assembly are applicable without regard to whether
17the employee was in active service on or after the effective
18date of this amendatory Act of the 100th General Assembly.
19    (f) The initial survivor's or widow's annuity of an
20otherwise eligible survivor or widow of a retired member or
21participant who first became a member or participant on or
22after January 1, 2011 shall be in the amount of 66 2/3% of the
23retired member's or participant's retirement annuity at the
24date of death. In the case of the death of a member or
25participant who has not retired and who first became a member
26or participant on or after January 1, 2011, eligibility for a

 

 

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1survivor's or widow's annuity shall be determined by the
2applicable Article of this Code. The initial benefit shall be
366 2/3% of the earned annuity without a reduction due to age. A
4child's annuity of an otherwise eligible child shall be in the
5amount prescribed under each Article if applicable. Any
6survivor's or widow's annuity shall be increased (1) on each
7January 1 occurring on or after the commencement of the annuity
8if the deceased member died while receiving a retirement
9annuity or (2) in other cases, on each January 1 occurring
10after the first anniversary of the commencement of the annuity.
11Each annual increase shall be calculated at 3% or one-half the
12annual unadjusted percentage increase (but not less than zero)
13in the consumer price index-u for the 12 months ending with the
14September preceding each November 1, whichever is less, of the
15originally granted survivor's annuity. If the annual
16unadjusted percentage change in the consumer price index-u for
17the 12 months ending with the September preceding each November
181 is zero or there is a decrease, then the annuity shall not be
19increased.
20    (g) The benefits in Section 14-110 apply only if the person
21is a State policeman, a fire fighter in the fire protection
22service of a department, or a security employee of the
23Department of Corrections or the Department of Juvenile
24Justice, or a security employee of the Department of Innovation
25and Technology, as those terms are defined in subsection (b)
26and subsection (c) of Section 14-110. A person who meets the

 

 

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1requirements of this Section is entitled to an annuity
2calculated under the provisions of Section 14-110, in lieu of
3the regular or minimum retirement annuity, only if the person
4has withdrawn from service with not less than 20 years of
5eligible creditable service and has attained age 60, regardless
6of whether the attainment of age 60 occurs while the person is
7still in service.
8    (h) If a person who first becomes a member or a participant
9of a retirement system or pension fund subject to this Section
10on or after January 1, 2011 is receiving a retirement annuity
11or retirement pension under that system or fund and becomes a
12member or participant under any other system or fund created by
13this Code and is employed on a full-time basis, except for
14those members or participants exempted from the provisions of
15this Section under subsection (a) of this Section, then the
16person's retirement annuity or retirement pension under that
17system or fund shall be suspended during that employment. Upon
18termination of that employment, the person's retirement
19annuity or retirement pension payments shall resume and be
20recalculated if recalculation is provided for under the
21applicable Article of this Code.
22    If a person who first becomes a member of a retirement
23system or pension fund subject to this Section on or after
24January 1, 2012 and is receiving a retirement annuity or
25retirement pension under that system or fund and accepts on a
26contractual basis a position to provide services to a

 

 

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1governmental entity from which he or she has retired, then that
2person's annuity or retirement pension earned as an active
3employee of the employer shall be suspended during that
4contractual service. A person receiving an annuity or
5retirement pension under this Code shall notify the pension
6fund or retirement system from which he or she is receiving an
7annuity or retirement pension, as well as his or her
8contractual employer, of his or her retirement status before
9accepting contractual employment. A person who fails to submit
10such notification shall be guilty of a Class A misdemeanor and
11required to pay a fine of $1,000. Upon termination of that
12contractual employment, the person's retirement annuity or
13retirement pension payments shall resume and, if appropriate,
14be recalculated under the applicable provisions of this Code.
15    (i) (Blank).
16    (j) In the case of a conflict between the provisions of
17this Section and any other provision of this Code, the
18provisions of this Section shall control.
19(Source: P.A. 100-23, eff. 7-6-17; 100-201, eff. 8-18-17;
20100-563, eff. 12-8-17.)
 
21    (40 ILCS 5/14-110)  (from Ch. 108 1/2, par. 14-110)
22    Sec. 14-110. Alternative retirement annuity.
23    (a) Any member who has withdrawn from service with not less
24than 20 years of eligible creditable service and has attained
25age 55, and any member who has withdrawn from service with not

 

 

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1less than 25 years of eligible creditable service and has
2attained age 50, regardless of whether the attainment of either
3of the specified ages occurs while the member is still in
4service, shall be entitled to receive at the option of the
5member, in lieu of the regular or minimum retirement annuity, a
6retirement annuity computed as follows:
7        (i) for periods of service as a noncovered employee: if
8    retirement occurs on or after January 1, 2001, 3% of final
9    average compensation for each year of creditable service;
10    if retirement occurs before January 1, 2001, 2 1/4% of
11    final average compensation for each of the first 10 years
12    of creditable service, 2 1/2% for each year above 10 years
13    to and including 20 years of creditable service, and 2 3/4%
14    for each year of creditable service above 20 years; and
15        (ii) for periods of eligible creditable service as a
16    covered employee: if retirement occurs on or after January
17    1, 2001, 2.5% of final average compensation for each year
18    of creditable service; if retirement occurs before January
19    1, 2001, 1.67% of final average compensation for each of
20    the first 10 years of such service, 1.90% for each of the
21    next 10 years of such service, 2.10% for each year of such
22    service in excess of 20 but not exceeding 30, and 2.30% for
23    each year in excess of 30.
24    Such annuity shall be subject to a maximum of 75% of final
25average compensation if retirement occurs before January 1,
262001 or to a maximum of 80% of final average compensation if

 

 

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1retirement occurs on or after January 1, 2001.
2    These rates shall not be applicable to any service
3performed by a member as a covered employee which is not
4eligible creditable service. Service as a covered employee
5which is not eligible creditable service shall be subject to
6the rates and provisions of Section 14-108.
7    (b) For the purpose of this Section, "eligible creditable
8service" means creditable service resulting from service in one
9or more of the following positions:
10        (1) State policeman;
11        (2) fire fighter in the fire protection service of a
12    department;
13        (3) air pilot;
14        (4) special agent;
15        (5) investigator for the Secretary of State;
16        (6) conservation police officer;
17        (7) investigator for the Department of Revenue or the
18    Illinois Gaming Board;
19        (8) security employee of the Department of Human
20    Services;
21        (9) Central Management Services security police
22    officer;
23        (10) security employee of the Department of
24    Corrections or the Department of Juvenile Justice;
25        (11) dangerous drugs investigator;
26        (12) investigator for the Department of State Police;

 

 

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1        (13) investigator for the Office of the Attorney
2    General;
3        (14) controlled substance inspector;
4        (15) investigator for the Office of the State's
5    Attorneys Appellate Prosecutor;
6        (16) Commerce Commission police officer;
7        (17) arson investigator;
8        (18) State highway maintenance worker; .
9        (19) security employee of the Department of Innovation
10    and Technology; or
11        (20) transferred employee.
12    A person employed in one of the positions specified in this
13subsection is entitled to eligible creditable service for
14service credit earned under this Article while undergoing the
15basic police training course approved by the Illinois Law
16Enforcement Training Standards Board, if completion of that
17training is required of persons serving in that position. For
18the purposes of this Code, service during the required basic
19police training course shall be deemed performance of the
20duties of the specified position, even though the person is not
21a sworn peace officer at the time of the training.
22    A person under paragraph (20) is entitled to eligible
23creditable service for service credit earned under this Article
24on and after his or her transfer by Executive Order No.
252003-10, Executive Order No. 2004-2, or Executive Order No.
262016-1.

 

 

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1    (c) For the purposes of this Section:
2        (1) The term "State policeman" includes any title or
3    position in the Department of State Police that is held by
4    an individual employed under the State Police Act.
5        (2) The term "fire fighter in the fire protection
6    service of a department" includes all officers in such fire
7    protection service including fire chiefs and assistant
8    fire chiefs.
9        (3) The term "air pilot" includes any employee whose
10    official job description on file in the Department of
11    Central Management Services, or in the department by which
12    he is employed if that department is not covered by the
13    Personnel Code, states that his principal duty is the
14    operation of aircraft, and who possesses a pilot's license;
15    however, the change in this definition made by this
16    amendatory Act of 1983 shall not operate to exclude any
17    noncovered employee who was an "air pilot" for the purposes
18    of this Section on January 1, 1984.
19        (4) The term "special agent" means any person who by
20    reason of employment by the Division of Narcotic Control,
21    the Bureau of Investigation or, after July 1, 1977, the
22    Division of Criminal Investigation, the Division of
23    Internal Investigation, the Division of Operations, or any
24    other Division or organizational entity in the Department
25    of State Police is vested by law with duties to maintain
26    public order, investigate violations of the criminal law of

 

 

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1    this State, enforce the laws of this State, make arrests
2    and recover property. The term "special agent" includes any
3    title or position in the Department of State Police that is
4    held by an individual employed under the State Police Act.
5        (5) The term "investigator for the Secretary of State"
6    means any person employed by the Office of the Secretary of
7    State and vested with such investigative duties as render
8    him ineligible for coverage under the Social Security Act
9    by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
10    218(l)(1) of that Act.
11        A person who became employed as an investigator for the
12    Secretary of State between January 1, 1967 and December 31,
13    1975, and who has served as such until attainment of age
14    60, either continuously or with a single break in service
15    of not more than 3 years duration, which break terminated
16    before January 1, 1976, shall be entitled to have his
17    retirement annuity calculated in accordance with
18    subsection (a), notwithstanding that he has less than 20
19    years of credit for such service.
20        (6) The term "Conservation Police Officer" means any
21    person employed by the Division of Law Enforcement of the
22    Department of Natural Resources and vested with such law
23    enforcement duties as render him ineligible for coverage
24    under the Social Security Act by reason of Sections
25    218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of that Act. The
26    term "Conservation Police Officer" includes the positions

 

 

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1    of Chief Conservation Police Administrator and Assistant
2    Conservation Police Administrator.
3        (7) The term "investigator for the Department of
4    Revenue" means any person employed by the Department of
5    Revenue and vested with such investigative duties as render
6    him ineligible for coverage under the Social Security Act
7    by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
8    218(l)(1) of that Act.
9        The term "investigator for the Illinois Gaming Board"
10    means any person employed as such by the Illinois Gaming
11    Board and vested with such peace officer duties as render
12    the person ineligible for coverage under the Social
13    Security Act by reason of Sections 218(d)(5)(A),
14    218(d)(8)(D), and 218(l)(1) of that Act.
15        (8) The term "security employee of the Department of
16    Human Services" means any person employed by the Department
17    of Human Services who (i) is employed at the Chester Mental
18    Health Center and has daily contact with the residents
19    thereof, (ii) is employed within a security unit at a
20    facility operated by the Department and has daily contact
21    with the residents of the security unit, (iii) is employed
22    at a facility operated by the Department that includes a
23    security unit and is regularly scheduled to work at least
24    50% of his or her working hours within that security unit,
25    or (iv) is a mental health police officer. "Mental health
26    police officer" means any person employed by the Department

 

 

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1    of Human Services in a position pertaining to the
2    Department's mental health and developmental disabilities
3    functions who is vested with such law enforcement duties as
4    render the person ineligible for coverage under the Social
5    Security Act by reason of Sections 218(d)(5)(A),
6    218(d)(8)(D) and 218(l)(1) of that Act. "Security unit"
7    means that portion of a facility that is devoted to the
8    care, containment, and treatment of persons committed to
9    the Department of Human Services as sexually violent
10    persons, persons unfit to stand trial, or persons not
11    guilty by reason of insanity. With respect to past
12    employment, references to the Department of Human Services
13    include its predecessor, the Department of Mental Health
14    and Developmental Disabilities.
15        The changes made to this subdivision (c)(8) by Public
16    Act 92-14 apply to persons who retire on or after January
17    1, 2001, notwithstanding Section 1-103.1.
18        (9) "Central Management Services security police
19    officer" means any person employed by the Department of
20    Central Management Services who is vested with such law
21    enforcement duties as render him ineligible for coverage
22    under the Social Security Act by reason of Sections
23    218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
24        (10) For a member who first became an employee under
25    this Article before July 1, 2005, the term "security
26    employee of the Department of Corrections or the Department

 

 

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1    of Juvenile Justice" means any employee of the Department
2    of Corrections or the Department of Juvenile Justice or the
3    former Department of Personnel, and any member or employee
4    of the Prisoner Review Board, who has daily contact with
5    inmates or youth by working within a correctional facility
6    or Juvenile facility operated by the Department of Juvenile
7    Justice or who is a parole officer or an employee who has
8    direct contact with committed persons in the performance of
9    his or her job duties. For a member who first becomes an
10    employee under this Article on or after July 1, 2005, the
11    term means an employee of the Department of Corrections or
12    the Department of Juvenile Justice who is any of the
13    following: (i) officially headquartered at a correctional
14    facility or Juvenile facility operated by the Department of
15    Juvenile Justice, (ii) a parole officer, (iii) a member of
16    the apprehension unit, (iv) a member of the intelligence
17    unit, (v) a member of the sort team, or (vi) an
18    investigator.
19        (11) The term "dangerous drugs investigator" means any
20    person who is employed as such by the Department of Human
21    Services.
22        (12) The term "investigator for the Department of State
23    Police" means a person employed by the Department of State
24    Police who is vested under Section 4 of the Narcotic
25    Control Division Abolition Act with such law enforcement
26    powers as render him ineligible for coverage under the

 

 

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1    Social Security Act by reason of Sections 218(d)(5)(A),
2    218(d)(8)(D) and 218(l)(1) of that Act.
3        (13) "Investigator for the Office of the Attorney
4    General" means any person who is employed as such by the
5    Office of the Attorney General and is vested with such
6    investigative duties as render him ineligible for coverage
7    under the Social Security Act by reason of Sections
8    218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. For
9    the period before January 1, 1989, the term includes all
10    persons who were employed as investigators by the Office of
11    the Attorney General, without regard to social security
12    status.
13        (14) "Controlled substance inspector" means any person
14    who is employed as such by the Department of Professional
15    Regulation and is vested with such law enforcement duties
16    as render him ineligible for coverage under the Social
17    Security Act by reason of Sections 218(d)(5)(A),
18    218(d)(8)(D) and 218(l)(1) of that Act. The term
19    "controlled substance inspector" includes the Program
20    Executive of Enforcement and the Assistant Program
21    Executive of Enforcement.
22        (15) The term "investigator for the Office of the
23    State's Attorneys Appellate Prosecutor" means a person
24    employed in that capacity on a full time basis under the
25    authority of Section 7.06 of the State's Attorneys
26    Appellate Prosecutor's Act.

 

 

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1        (16) "Commerce Commission police officer" means any
2    person employed by the Illinois Commerce Commission who is
3    vested with such law enforcement duties as render him
4    ineligible for coverage under the Social Security Act by
5    reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
6    218(l)(1) of that Act.
7        (17) "Arson investigator" means any person who is
8    employed as such by the Office of the State Fire Marshal
9    and is vested with such law enforcement duties as render
10    the person ineligible for coverage under the Social
11    Security Act by reason of Sections 218(d)(5)(A),
12    218(d)(8)(D), and 218(l)(1) of that Act. A person who was
13    employed as an arson investigator on January 1, 1995 and is
14    no longer in service but not yet receiving a retirement
15    annuity may convert his or her creditable service for
16    employment as an arson investigator into eligible
17    creditable service by paying to the System the difference
18    between the employee contributions actually paid for that
19    service and the amounts that would have been contributed if
20    the applicant were contributing at the rate applicable to
21    persons with the same social security status earning
22    eligible creditable service on the date of application.
23        (18) The term "State highway maintenance worker" means
24    a person who is either of the following:
25            (i) A person employed on a full-time basis by the
26        Illinois Department of Transportation in the position

 

 

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1        of highway maintainer, highway maintenance lead
2        worker, highway maintenance lead/lead worker, heavy
3        construction equipment operator, power shovel
4        operator, or bridge mechanic; and whose principal
5        responsibility is to perform, on the roadway, the
6        actual maintenance necessary to keep the highways that
7        form a part of the State highway system in serviceable
8        condition for vehicular traffic.
9            (ii) A person employed on a full-time basis by the
10        Illinois State Toll Highway Authority in the position
11        of equipment operator/laborer H-4, equipment
12        operator/laborer H-6, welder H-4, welder H-6,
13        mechanical/electrical H-4, mechanical/electrical H-6,
14        water/sewer H-4, water/sewer H-6, sign maker/hanger
15        H-4, sign maker/hanger H-6, roadway lighting H-4,
16        roadway lighting H-6, structural H-4, structural H-6,
17        painter H-4, or painter H-6; and whose principal
18        responsibility is to perform, on the roadway, the
19        actual maintenance necessary to keep the Authority's
20        tollways in serviceable condition for vehicular
21        traffic.
22        (19) The term "security employee of the Department of
23    Innovation and Technology" means a person who was a
24    security employee of the Department of Corrections or the
25    Department of Juvenile Justice, was transferred to the
26    Department of Innovation and Technology pursuant to

 

 

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1    Executive Order 2016-01, and continues to perform similar
2    job functions under that Department.
3        (20) "Transferred employee" means an employee who was
4    transferred to the Department of Central Management
5    Services by Executive Order No. 2003-10 or Executive Order
6    No. 2004-2 or transferred to the Department of Innovation
7    and Technology by Executive Order No. 2016-1, or both, and
8    was entitled to eligible creditable service for services
9    immediately preceding the transfer.
10    (d) A security employee of the Department of Corrections or
11the Department of Juvenile Justice, and a security employee of
12the Department of Human Services who is not a mental health
13police officer, and a security employee of the Department of
14Innovation and Technology shall not be eligible for the
15alternative retirement annuity provided by this Section unless
16he or she meets the following minimum age and service
17requirements at the time of retirement:
18        (i) 25 years of eligible creditable service and age 55;
19    or
20        (ii) beginning January 1, 1987, 25 years of eligible
21    creditable service and age 54, or 24 years of eligible
22    creditable service and age 55; or
23        (iii) beginning January 1, 1988, 25 years of eligible
24    creditable service and age 53, or 23 years of eligible
25    creditable service and age 55; or
26        (iv) beginning January 1, 1989, 25 years of eligible

 

 

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1    creditable service and age 52, or 22 years of eligible
2    creditable service and age 55; or
3        (v) beginning January 1, 1990, 25 years of eligible
4    creditable service and age 51, or 21 years of eligible
5    creditable service and age 55; or
6        (vi) beginning January 1, 1991, 25 years of eligible
7    creditable service and age 50, or 20 years of eligible
8    creditable service and age 55.
9    Persons who have service credit under Article 16 of this
10Code for service as a security employee of the Department of
11Corrections or the Department of Juvenile Justice, or the
12Department of Human Services in a position requiring
13certification as a teacher may count such service toward
14establishing their eligibility under the service requirements
15of this Section; but such service may be used only for
16establishing such eligibility, and not for the purpose of
17increasing or calculating any benefit.
18    (e) If a member enters military service while working in a
19position in which eligible creditable service may be earned,
20and returns to State service in the same or another such
21position, and fulfills in all other respects the conditions
22prescribed in this Article for credit for military service,
23such military service shall be credited as eligible creditable
24service for the purposes of the retirement annuity prescribed
25in this Section.
26    (f) For purposes of calculating retirement annuities under

 

 

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1this Section, periods of service rendered after December 31,
21968 and before October 1, 1975 as a covered employee in the
3position of special agent, conservation police officer, mental
4health police officer, or investigator for the Secretary of
5State, shall be deemed to have been service as a noncovered
6employee, provided that the employee pays to the System prior
7to retirement an amount equal to (1) the difference between the
8employee contributions that would have been required for such
9service as a noncovered employee, and the amount of employee
10contributions actually paid, plus (2) if payment is made after
11July 31, 1987, regular interest on the amount specified in item
12(1) from the date of service to the date of payment.
13    For purposes of calculating retirement annuities under
14this Section, periods of service rendered after December 31,
151968 and before January 1, 1982 as a covered employee in the
16position of investigator for the Department of Revenue shall be
17deemed to have been service as a noncovered employee, provided
18that the employee pays to the System prior to retirement an
19amount equal to (1) the difference between the employee
20contributions that would have been required for such service as
21a noncovered employee, and the amount of employee contributions
22actually paid, plus (2) if payment is made after January 1,
231990, regular interest on the amount specified in item (1) from
24the date of service to the date of payment.
25    (g) A State policeman may elect, not later than January 1,
261990, to establish eligible creditable service for up to 10

 

 

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1years of his service as a policeman under Article 3, by filing
2a written election with the Board, accompanied by payment of an
3amount to be determined by the Board, equal to (i) the
4difference between the amount of employee and employer
5contributions transferred to the System under Section 3-110.5,
6and the amounts that would have been contributed had such
7contributions been made at the rates applicable to State
8policemen, plus (ii) interest thereon at the effective rate for
9each year, compounded annually, from the date of service to the
10date of payment.
11    Subject to the limitation in subsection (i), a State
12policeman may elect, not later than July 1, 1993, to establish
13eligible creditable service for up to 10 years of his service
14as a member of the County Police Department under Article 9, by
15filing a written election with the Board, accompanied by
16payment of an amount to be determined by the Board, equal to
17(i) the difference between the amount of employee and employer
18contributions transferred to the System under Section 9-121.10
19and the amounts that would have been contributed had those
20contributions been made at the rates applicable to State
21policemen, plus (ii) interest thereon at the effective rate for
22each year, compounded annually, from the date of service to the
23date of payment.
24    (h) Subject to the limitation in subsection (i), a State
25policeman or investigator for the Secretary of State may elect
26to establish eligible creditable service for up to 12 years of

 

 

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1his service as a policeman under Article 5, by filing a written
2election with the Board on or before January 31, 1992, and
3paying to the System by January 31, 1994 an amount to be
4determined by the Board, equal to (i) the difference between
5the amount of employee and employer contributions transferred
6to the System under Section 5-236, and the amounts that would
7have been contributed had such contributions been made at the
8rates applicable to State policemen, plus (ii) interest thereon
9at the effective rate for each year, compounded annually, from
10the date of service to the date of payment.
11    Subject to the limitation in subsection (i), a State
12policeman, conservation police officer, or investigator for
13the Secretary of State may elect to establish eligible
14creditable service for up to 10 years of service as a sheriff's
15law enforcement employee under Article 7, by filing a written
16election with the Board on or before January 31, 1993, and
17paying to the System by January 31, 1994 an amount to be
18determined by the Board, equal to (i) the difference between
19the amount of employee and employer contributions transferred
20to the System under Section 7-139.7, and the amounts that would
21have been contributed had such contributions been made at the
22rates applicable to State policemen, plus (ii) interest thereon
23at the effective rate for each year, compounded annually, from
24the date of service to the date of payment.
25    Subject to the limitation in subsection (i), a State
26policeman, conservation police officer, or investigator for

 

 

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1the Secretary of State may elect to establish eligible
2creditable service for up to 5 years of service as a police
3officer under Article 3, a policeman under Article 5, a
4sheriff's law enforcement employee under Article 7, a member of
5the county police department under Article 9, or a police
6officer under Article 15 by filing a written election with the
7Board and paying to the System an amount to be determined by
8the Board, equal to (i) the difference between the amount of
9employee and employer contributions transferred to the System
10under Section 3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4
11and the amounts that would have been contributed had such
12contributions been made at the rates applicable to State
13policemen, plus (ii) interest thereon at the effective rate for
14each year, compounded annually, from the date of service to the
15date of payment.
16    Subject to the limitation in subsection (i), an
17investigator for the Office of the Attorney General, or an
18investigator for the Department of Revenue, may elect to
19establish eligible creditable service for up to 5 years of
20service as a police officer under Article 3, a policeman under
21Article 5, a sheriff's law enforcement employee under Article
227, or a member of the county police department under Article 9
23by filing a written election with the Board within 6 months
24after August 25, 2009 (the effective date of Public Act 96-745)
25and paying to the System an amount to be determined by the
26Board, equal to (i) the difference between the amount of

 

 

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1employee and employer contributions transferred to the System
2under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the
3amounts that would have been contributed had such contributions
4been made at the rates applicable to State policemen, plus (ii)
5interest thereon at the actuarially assumed rate for each year,
6compounded annually, from the date of service to the date of
7payment.
8    Subject to the limitation in subsection (i), a State
9policeman, conservation police officer, investigator for the
10Office of the Attorney General, an investigator for the
11Department of Revenue, or investigator for the Secretary of
12State may elect to establish eligible creditable service for up
13to 5 years of service as a person employed by a participating
14municipality to perform police duties, or law enforcement
15officer employed on a full-time basis by a forest preserve
16district under Article 7, a county corrections officer, or a
17court services officer under Article 9, by filing a written
18election with the Board within 6 months after August 25, 2009
19(the effective date of Public Act 96-745) and paying to the
20System an amount to be determined by the Board, equal to (i)
21the difference between the amount of employee and employer
22contributions transferred to the System under Sections 7-139.8
23and 9-121.10 and the amounts that would have been contributed
24had such contributions been made at the rates applicable to
25State policemen, plus (ii) interest thereon at the actuarially
26assumed rate for each year, compounded annually, from the date

 

 

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1of service to the date of payment.
2    (i) The total amount of eligible creditable service
3established by any person under subsections (g), (h), (j), (k),
4and (l) of this Section shall not exceed 12 years.
5    (j) Subject to the limitation in subsection (i), an
6investigator for the Office of the State's Attorneys Appellate
7Prosecutor or a controlled substance inspector may elect to
8establish eligible creditable service for up to 10 years of his
9service as a policeman under Article 3 or a sheriff's law
10enforcement employee under Article 7, by filing a written
11election with the Board, accompanied by payment of an amount to
12be determined by the Board, equal to (1) the difference between
13the amount of employee and employer contributions transferred
14to the System under Section 3-110.6 or 7-139.8, and the amounts
15that would have been contributed had such contributions been
16made at the rates applicable to State policemen, plus (2)
17interest thereon at the effective rate for each year,
18compounded annually, from the date of service to the date of
19payment.
20    (k) Subject to the limitation in subsection (i) of this
21Section, an alternative formula employee may elect to establish
22eligible creditable service for periods spent as a full-time
23law enforcement officer or full-time corrections officer
24employed by the federal government or by a state or local
25government located outside of Illinois, for which credit is not
26held in any other public employee pension fund or retirement

 

 

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1system. To obtain this credit, the applicant must file a
2written application with the Board by March 31, 1998,
3accompanied by evidence of eligibility acceptable to the Board
4and payment of an amount to be determined by the Board, equal
5to (1) employee contributions for the credit being established,
6based upon the applicant's salary on the first day as an
7alternative formula employee after the employment for which
8credit is being established and the rates then applicable to
9alternative formula employees, plus (2) an amount determined by
10the Board to be the employer's normal cost of the benefits
11accrued for the credit being established, plus (3) regular
12interest on the amounts in items (1) and (2) from the first day
13as an alternative formula employee after the employment for
14which credit is being established to the date of payment.
15    (l) Subject to the limitation in subsection (i), a security
16employee of the Department of Corrections may elect, not later
17than July 1, 1998, to establish eligible creditable service for
18up to 10 years of his or her service as a policeman under
19Article 3, by filing a written election with the Board,
20accompanied by payment of an amount to be determined by the
21Board, equal to (i) the difference between the amount of
22employee and employer contributions transferred to the System
23under Section 3-110.5, and the amounts that would have been
24contributed had such contributions been made at the rates
25applicable to security employees of the Department of
26Corrections, plus (ii) interest thereon at the effective rate

 

 

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1for each year, compounded annually, from the date of service to
2the date of payment.
3    (m) The amendatory changes to this Section made by this
4amendatory Act of the 94th General Assembly apply only to: (1)
5security employees of the Department of Juvenile Justice
6employed by the Department of Corrections before the effective
7date of this amendatory Act of the 94th General Assembly and
8transferred to the Department of Juvenile Justice by this
9amendatory Act of the 94th General Assembly; and (2) persons
10employed by the Department of Juvenile Justice on or after the
11effective date of this amendatory Act of the 94th General
12Assembly who are required by subsection (b) of Section 3-2.5-15
13of the Unified Code of Corrections to have any bachelor's or
14advanced degree from an accredited college or university or, in
15the case of persons who provide vocational training, who are
16required to have adequate knowledge in the skill for which they
17are providing the vocational training.
18    (n) A person employed in a position under subsection (b) of
19this Section who has purchased service credit under subsection
20(j) of Section 14-104 or subsection (b) of Section 14-105 in
21any other capacity under this Article may convert up to 5 years
22of that service credit into service credit covered under this
23Section by paying to the Fund an amount equal to (1) the
24additional employee contribution required under Section
2514-133, plus (2) the additional employer contribution required
26under Section 14-131, plus (3) interest on items (1) and (2) at

 

 

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1the actuarially assumed rate from the date of the service to
2the date of payment.
3(Source: P.A. 100-19, eff. 1-1-18.)
 
4    (40 ILCS 5/14-152.1)
5    Sec. 14-152.1. Application and expiration of new benefit
6increases.
7    (a) As used in this Section, "new benefit increase" means
8an increase in the amount of any benefit provided under this
9Article, or an expansion of the conditions of eligibility for
10any benefit under this Article, that results from an amendment
11to this Code that takes effect after June 1, 2005 (the
12effective date of Public Act 94-4). "New benefit increase",
13however, does not include any benefit increase resulting from
14the changes made to Article 1 or this Article by Public Act
1596-37, Public Act 100-23, or this amendatory Act of the 100th
16General Assembly or by this amendatory Act of the 100th General
17Assembly.
18    (b) Notwithstanding any other provision of this Code or any
19subsequent amendment to this Code, every new benefit increase
20is subject to this Section and shall be deemed to be granted
21only in conformance with and contingent upon compliance with
22the provisions of this Section.
23    (c) The Public Act enacting a new benefit increase must
24identify and provide for payment to the System of additional
25funding at least sufficient to fund the resulting annual

 

 

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1increase in cost to the System as it accrues.
2    Every new benefit increase is contingent upon the General
3Assembly providing the additional funding required under this
4subsection. The Commission on Government Forecasting and
5Accountability shall analyze whether adequate additional
6funding has been provided for the new benefit increase and
7shall report its analysis to the Public Pension Division of the
8Department of Insurance. A new benefit increase created by a
9Public Act that does not include the additional funding
10required under this subsection is null and void. If the Public
11Pension Division determines that the additional funding
12provided for a new benefit increase under this subsection is or
13has become inadequate, it may so certify to the Governor and
14the State Comptroller and, in the absence of corrective action
15by the General Assembly, the new benefit increase shall expire
16at the end of the fiscal year in which the certification is
17made.
18    (d) Every new benefit increase shall expire 5 years after
19its effective date or on such earlier date as may be specified
20in the language enacting the new benefit increase or provided
21under subsection (c). This does not prevent the General
22Assembly from extending or re-creating a new benefit increase
23by law.
24    (e) Except as otherwise provided in the language creating
25the new benefit increase, a new benefit increase that expires
26under this Section continues to apply to persons who applied

 

 

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1and qualified for the affected benefit while the new benefit
2increase was in effect and to the affected beneficiaries and
3alternate payees of such persons, but does not apply to any
4other person, including without limitation a person who
5continues in service after the expiration date and did not
6apply and qualify for the affected benefit while the new
7benefit increase was in effect.
8(Source: P.A. 100-23, eff. 7-6-17.)
 
9    (40 ILCS 5/15-106)  (from Ch. 108 1/2, par. 15-106)
10    Sec. 15-106. Employer. "Employer": The University of
11Illinois, Southern Illinois University, Chicago State
12University, Eastern Illinois University, Governors State
13University, Illinois State University, Northeastern Illinois
14University, Northern Illinois University, Western Illinois
15University, the State Board of Higher Education, the Illinois
16Mathematics and Science Academy, the University Civil Service
17Merit Board, the Board of Trustees of the State Universities
18Retirement System, the Illinois Community College Board,
19community college boards, any association of community college
20boards organized under Section 3-55 of the Public Community
21College Act, the Board of Examiners established under the
22Illinois Public Accounting Act, and, only during the period for
23which employer contributions required under Section 15-155 are
24paid, the following organizations: the alumni associations,
25the foundations and the athletic associations which are

 

 

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1affiliated with the universities and colleges included in this
2Section as employers. An individual who begins employment on or
3after the effective date of this amendatory Act of the 99th
4General Assembly with any association of community college
5boards organized under Section 3-55 of the Public Community
6College Act, the Association of Illinois Middle-Grade Schools,
7the Illinois Association of School Administrators, the
8Illinois Association for Supervision and Curriculum
9Development, the Illinois Principals Association, the Illinois
10Association of School Business Officials, the Illinois Special
11Olympics, or an entity not defined as an employer in this
12Section shall not be deemed an employee for the purposes of
13this Article with respect to that employment and shall not be
14eligible to participate in the System with respect to that
15employment; provided, however, that those individuals who are
16both employed by such an entity and are participating in the
17System with respect to that employment on the effective date of
18this amendatory Act of the 99th General Assembly shall be
19allowed to continue as participants in the System for the
20duration of that employment.
21    A department as defined in Section 14-103.04 is an employer
22for any person appointed by the Governor under the Civil
23Administrative Code of Illinois who is a participating employee
24as defined in Section 15-109. The Department of Central
25Management Services is an employer with respect to persons
26employed by the State Board of Higher Education in positions

 

 

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1with the Illinois Century Network as of June 30, 2004 who
2remain continuously employed after that date by the Department
3of Central Management Services in positions with the Illinois
4Century Network, the Bureau of Communication and Computer
5Services, or, if applicable, any successor bureau or the
6Department of Innovation and Technology.
7    The cities of Champaign and Urbana shall be considered
8employers, but only during the period for which contributions
9are required to be made under subsection (b-1) of Section
1015-155 and only with respect to individuals described in
11subsection (h) of Section 15-107.
12(Source: P.A. 99-830, eff. 1-1-17; 99-897, eff. 1-1-17.)
 
13    Section 1-955. The Hydraulic Fracturing Regulatory Act is
14amended by changing Section 1-110 as follows:
 
15    (225 ILCS 732/1-110)
16    Sec. 1-110. Public information; website.
17    (a) All information submitted to the Department under this
18Act is deemed public information, except information deemed to
19constitute a trade secret under Section 1-77 of this Act and
20private information and personal information as defined in the
21Freedom of Information Act.
22    (b) To provide the public and concerned citizens with a
23centralized repository of information, the Department, in
24consultation with the Department of Innovation and Technology,

 

 

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1shall create and maintain a comprehensive website dedicated to
2providing information concerning high volume horizontal
3hydraulic fracturing operations. The website shall contain,
4assemble, and link the documents and information required by
5this Act to be posted on the Department's or other agencies'
6websites. The Department of Innovation and Technology, on
7behalf of the Department, shall also create and maintain an
8online searchable database that provides information related
9to high volume horizontal hydraulic fracturing operations on
10wells that, at a minimum, includes, for each well it permits,
11the identity of its operators, its waste disposal, its chemical
12disclosure information, and any complaints or violations under
13this Act. The website created under this Section shall allow
14users to search for completion reports by well name and
15location, dates of fracturing and drilling operations,
16operator, and by chemical additives.
17(Source: P.A. 98-22, eff. 6-17-13; 99-78, eff. 7-20-15.)
 
18    Section 1-960. The Illinois Public Aid Code is amended by
19changing Section 12-10.10 as follows:
 
20    (305 ILCS 5/12-10.10)
21    Sec. 12-10.10. DHS Technology Initiative Fund.
22    (a) The DHS Technology Initiative Fund is hereby created as
23a trust fund within the State treasury with the State Treasurer
24as the ex-officio custodian of the Fund.

 

 

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1    (b) The Department of Human Services may accept and receive
2grants, awards, gifts, and bequests from any source, public or
3private, in support of information technology initiatives.
4Moneys received in support of information technology
5initiatives, and any interest earned thereon, shall be
6deposited into the DHS Technology Initiative Fund.
7    (c) Moneys in the Fund may be used by the Department of
8Human Services for the purpose of making grants associated with
9the development and implementation of information technology
10projects or paying for operational expenses of the Department
11of Human Services related to such projects.
12    (d) The Department of Human Services, in consultation with
13the Department of Innovation and Technology, shall use the
14funds deposited in the DHS Technology Fund to pay for
15information technology solutions either provided by Department
16of Innovation and Technology or arranged or coordinated by the
17Department of Innovation and Technology.
18(Source: P.A. 98-24, eff. 6-19-13.)
 
19    Section 1-965. The Methamphetamine Precursor Tracking Act
20is amended by changing Section 20 as follows:
 
21    (720 ILCS 649/20)
22    Sec. 20. Secure website.
23    (a) The Illinois State Police, in consultation with the
24Department of Innovation and Technology, shall establish a

 

 

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1secure website for the transmission of electronic transaction
2records and make it available free of charge to covered
3pharmacies.
4    (b) The secure website shall enable covered pharmacies to
5transmit to the Central Repository an electronic transaction
6record each time the pharmacy distributes a targeted
7methamphetamine precursor to a recipient.
8    (c) If the secure website becomes unavailable to a covered
9pharmacy, the covered pharmacy may, during the period in which
10the secure website is not available, continue to distribute
11targeted methamphetamine precursor without using the secure
12website if, during this period, the covered pharmacy maintains
13and transmits handwritten logs as described in Sections 20 and
1425 of the Methamphetamine Precursor Control Act.
15(Source: P.A. 97-670, eff. 1-19-12.)
 
16
Article 5. Illinois Information Security Improvement

 
17    Section 5-1. Short title. This Article may be cited as the
18Illinois Information Security Improvement Act. References in
19this Article to "this Act" mean this Article.
 
20    Section 5-5. Definitions. As used in this Act:
21    "Critical information system" means any information system
22(including any telecommunications system) used or operated by a
23State agency or by a contractor of a State agency or other

 

 

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1organization or entity on behalf of a State agency: that
2contains health insurance information, medical information, or
3personal information as defined in the Personal Information
4Protection Act; where the unauthorized disclosure,
5modification, destruction of information in the information
6system could be expected to have a serious, severe, or
7catastrophic adverse effect on State agency operations,
8assets, or individuals; or where the disruption of access to or
9use of the information or information system could be expected
10to have a serious, severe, or catastrophic adverse effect on
11State operations, assets, or individuals.
12    "Department" means the Department of Innovation and
13Technology.
14    "Information security" means protecting information and
15information systems from unauthorized access, use, disclosure,
16disruption, modification, or destruction in order to provide:
17integrity, which means guarding against improper information
18modification or destruction, and includes ensuring information
19non-repudiation and authenticity; confidentiality, which means
20preserving authorized restrictions on access and disclosure,
21including means for protecting personal privacy and
22proprietary information; and availability, which means
23ensuring timely and reliable access to and use of information.
24    "Incident" means an occurrence that: actually or
25imminently jeopardizes, without lawful authority, the
26confidentiality, integrity, or availability of information or

 

 

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1an information system; or constitutes a violation or imminent
2threat of violation of law, security policies, security
3procedures, or acceptable use policies or standard security
4practices.
5    "Information system" means a discrete set of information
6resources organized for the collection, processing,
7maintenance, use, sharing, dissemination, or disposition of
8information created or maintained by or for the State of
9Illinois.
10    "Office" means the Office of the Statewide Chief
11Information Security Officer.
12    "Secretary" means the Secretary of Innovation and
13Technology.
14    "Security controls" means the management, operational, and
15technical controls (including safeguards and countermeasures)
16for an information system that protect the confidentiality,
17integrity, and availability of the system and its information.
18    "State agency" means any agency under the jurisdiction of
19the Governor.
 
20    Section 5-10. Purpose. The purposes of this Act are to:
21        (1) provide a comprehensive framework for ensuring the
22    effectiveness of information security controls over
23    information resources that support State agency operations
24    and assets;
25        (2) recognize the critical role of information and

 

 

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1    information systems in the provision of life, health,
2    safety, and other crucial services to the citizens of the
3    State of Illinois and the risk posed to these services due
4    to the ever-evolving cybersecurity threat;
5        (3) recognize the highly networked nature of the
6    current State of Illinois working environment and provide
7    effective statewide management and oversight of the
8    related information security risks, including coordination
9    of information security efforts across State agencies;
10        (4) provide for the development and maintenance of
11    minimum security controls required to protect State of
12    Illinois information and information systems;
13        (5) provide a mechanism for improved oversight of State
14    agency information security programs, including through
15    automated security tools to continuously diagnose and
16    improve security;
17        (6) recognize that information security risk is both a
18    business and public safety issue, and the acceptance of
19    risk is a decision to be made at the executive levels of
20    State government; and
21        (7) ensure a continued and deliberate effort to reduce
22    the risk posed to the State by cyberattacks and other
23    information security incidents that could impact the
24    information security of the State.
 
25    Section 5-15. Office of the Statewide Chief Information

 

 

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1Security Officer.
2    (a) The Office of the Statewide Chief Information Security
3Officer is established within the Department of Innovation and
4Technology. The Office is directly subordinate to the Secretary
5of Innovation and Technology.
6    (b) The Office shall:
7        (1) serve as the strategic planning, facilitation, and
8    coordination office for information technology security in
9    this State and as the lead and central coordinating entity
10    to guide and oversee the information security functions of
11    State agencies;
12        (2) provide information security services to support
13    the secure delivery of State agency services that utilize
14    information systems and to assist State agencies with
15    fulfilling their responsibilities under this Act;
16        (3) conduct information and cybersecurity strategic,
17    operational, and resource planning and facilitating an
18    effective enterprise information security architecture
19    capable of protecting the State;
20        (4) identify information security risks to each State
21    agency, to third-party providers, and to key supply chain
22    partners, including an assessment of the extent to which
23    information resources or processes are vulnerable to
24    unauthorized access or harm, including the extent to which
25    the agency's or contractor's electronically stored
26    information is vulnerable to unauthorized access, use,

 

 

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1    disclosure, disruption, modification, or destruction, and
2    recommend risk mitigation strategies, methods, and
3    procedures to reduce those risks. These assessments shall
4    also include, but not be limited to, assessments of
5    information systems, computers, printers, software,
6    computer networks, interfaces to computer systems, mobile
7    and peripheral device sensors, and other devices or systems
8    which access the State's network, computer software, and
9    information processing or operational procedures of the
10    agency or of a contractor of the agency.
11        (5) manage the response to information security and
12    information security incidents involving State of Illinois
13    information systems and ensure the completeness of
14    information system security plans for critical information
15    systems;
16        (6) conduct pre-deployment information security
17    assessments for critical information systems and submit
18    findings and recommendations to the Secretary and State
19    agency heads;
20        (7) develop and conduct targeted operational
21    evaluations, including threat and vulnerability
22    assessments on information systems;
23        (8) monitor and report compliance of each State agency
24    with State information security policies, standards, and
25    procedures;
26        (9) coordinate statewide information security

 

 

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1    awareness and training programs; and
2        (10) develop and execute other strategies as necessary
3    to protect this State's information technology
4    infrastructure and the data stored on or transmitted by
5    such infrastructure.
6    (c) The Office may temporarily suspend operation of an
7information system or information technology infrastructure
8that is owned, leased, outsourced, or shared by one or more
9State agencies in order to isolate the source of, or stop the
10spread of, an information security breach or other similar
11information security incident. State agencies shall comply
12with directives to temporarily discontinue or suspend
13operations of information systems or information technology
14infrastructure.
 
15    Section 5-20. Statewide Chief Information Security
16Officer. The position of Statewide Chief Information Security
17Officer is established within the Office. The Secretary shall
18appoint a Statewide Chief Information Security Officer who
19shall serve at the pleasure of the Secretary. The Statewide
20Chief Information Security Officer shall report to and be under
21the supervision of the Secretary. The Statewide Chief
22Information Security Officer shall exhibit a background and
23experience in information security, information technology, or
24risk management, or exhibit other appropriate expertise
25required to fulfill the duties of the Statewide Chief

 

 

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1Information Security Officer. If the Statewide Chief
2Information Security Officer is unable or unavailable to
3perform the duties and responsibilities under Section 25, all
4powers and authority granted to the Statewide Chief Information
5Security Officer may be exercised by the Secretary or his or
6her designee.
 
7    Section 5-25. Responsibilities.
8    (a) The Secretary shall:
9        (1) appoint a Statewide Chief Information Security
10    Officer pursuant to Section 20;
11        (2) provide the Office with the staffing and resources
12    deemed necessary by the Secretary to fulfill the
13    responsibilities of the Office;
14        (3) oversee statewide information security policies
15    and practices, including:
16            (A) directing and overseeing the development,
17        implementation, and communication of statewide
18        information security policies, standards, and
19        guidelines;
20            (B) overseeing the education of State agency
21        personnel regarding the requirement to identify and
22        provide information security protections commensurate
23        with the risk and magnitude of the harm resulting from
24        the unauthorized access, use, disclosure, disruption,
25        modification, or destruction of information in a

 

 

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1        critical information system;
2            (C) overseeing the development and implementation
3        of a statewide information security risk management
4        program;
5            (D) overseeing State agency compliance with the
6        requirements of this Section;
7            (E) coordinating Information Security policies and
8        practices with related information and personnel
9        resources management policies and procedures; and
10            (F) providing an effective and efficient process
11        to assist State agencies with complying with the
12        requirements of this Act.
13    (b) The Statewide Chief Information Security Officer
14shall:
15        (1) serve as the head of the Office and ensure the
16    execution of the responsibilities of the Office as set
17    forth in subsection (c) of Section 15, the Statewide Chief
18    Information Security Officer shall also oversee State
19    agency personnel with significant responsibilities for
20    information security and ensure a competent workforce that
21    keeps pace with the changing information security
22    environment;
23        (2) develop and recommend information security
24    policies, standards, procedures, and guidelines to the
25    Secretary for statewide adoption and monitor compliance
26    with these policies, standards, guidelines, and procedures

 

 

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1    through periodic testing;
2        (3) develop and maintain risk-based, cost-effective
3    information security programs and control techniques to
4    address all applicable security and compliance
5    requirements throughout the life cycle of State agency
6    information systems;
7        (4) establish the procedures, processes, and
8    technologies to rapidly and effectively identify threats,
9    risks, and vulnerabilities to State information systems,
10    and ensure the prioritization of the remediation of
11    vulnerabilities that pose risk to the State;
12        (5) develop and implement capabilities and procedures
13    for detecting, reporting, and responding to information
14    security incidents;
15        (6) establish and direct a statewide information
16    security risk management program to identify information
17    security risks in State agencies and deploy risk mitigation
18    strategies, processes, and procedures;
19        (7) establish the State's capability to sufficiently
20    protect the security of data through effective information
21    system security planning, secure system development,
22    acquisition, and deployment, the application of protective
23    technologies and information system certification,
24    accreditation, and assessments;
25        (8) ensure that State agency personnel, including
26    contractors, are appropriately screened and receive

 

 

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1    information security awareness training;
2        (9) convene meetings with agency heads and other State
3    officials to help ensure:
4            (A) the ongoing communication of risk and risk
5        reduction strategies,
6            (B) effective implementation of information
7        security policies and practices, and
8            (C) the incorporation of and compliance with
9        information security policies, standards, and
10        guidelines into the policies and procedures of the
11        agencies;
12        (10) provide operational and technical assistance to
13    State agencies in implementing policies, principles,
14    standards, and guidelines on information security,
15    including implementation of standards promulgated under
16    subparagraph (A) of paragraph (3) of subsection (a) of this
17    Section, and provide assistance and effective and
18    efficient means for State agencies to comply with the State
19    agency requirements under this Act;
20        (11) in coordination and consultation with the
21    Secretary and the Governor's Office of Management and
22    Budget, review State agency budget requests related to
23    Information Security systems and provide recommendations
24    to the Governor's Office of Management and Budget;
25        (12) ensure the preparation and maintenance of plans
26    and procedures to provide cyber resilience and continuity

 

 

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1    of operations for critical information systems that
2    support the operations of the State; and
3        (13) take such other actions as the Secretary may
4    direct.
 
5
Article 99.

 
6    Section 99-95. No acceleration or delay. Where this Act
7makes changes in a statute that is represented in this Act by
8text that is not yet or no longer in effect (for example, a
9Section represented by multiple versions), the use of that text
10does not accelerate or delay the taking effect of (i) the
11changes made by this Act or (ii) provisions derived from any
12other Public Act.
 
13    Section 99-97. Severability. The provisions of this Act are
14severable under Section 1.31 of the Statute on Statutes.
 
15    Section 99-99. Effective date. This Act takes effect upon
16becoming law.