Illinois General Assembly - Illinois Compiled Statutes

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20 ILCS 405/405-410

(20 ILCS 405/405-410)

Sec. 405-410. Transfer of Information Technology functions.

(a) Notwithstanding any other law to the contrary, the Secretary of Innovation and Technology, working in cooperation with
the Director of any other agency, department, board, or commission directly
responsible to the Governor, may direct the transfer, to the Department of Innovation and Technology, of those information technology functions at that
agency, department, board, or commission that are suitable for centralization.

Upon receipt of the written direction to transfer information technology
functions to the Department of Innovation and Technology, the personnel,
equipment, and property (both real and personal) directly relating to the
transferred functions shall be transferred to the Department of Innovation and Technology, and the relevant documents, records, and correspondence
shall be transferred or copied, as the Secretary may prescribe.

(b) Upon receiving written direction from the Secretary of Innovation and Technology, the Comptroller and Treasurer are authorized
to transfer the unexpended balance of any appropriations related to the
information technology functions transferred to the Department of Innovation and Technology and shall make the necessary fund transfers from any
special fund in the State Treasury or from any other federal or State trust
fund held by the Treasurer to the General Revenue Fund or the Technology Management Revolving Fund, as designated by the Secretary of Innovation and Technology, for
use by the Department of Innovation and Technology in support of information
technology functions or any other related costs or expenses of the Department
of Innovation and Technology.

(c) The rights of employees and the State and its agencies under the
Personnel Code and applicable collective bargaining agreements or under any
pension, retirement, or annuity plan shall not be affected by any transfer
under this Section.

(d) The functions transferred to the Department of Innovation and Technology by this Section shall be vested in and shall be exercised by the
Department of Innovation and Technology.  Each act done in the exercise of
those functions shall have the same legal effect as if done by the agencies,
offices, divisions, departments, bureaus, boards and commissions from which
they were transferred.

Every person or other entity shall be subject to the same obligations and
duties and any penalties, civil or criminal, arising therefrom, and shall have
the same rights arising from the exercise of such rights, powers, and duties as
had been exercised by the agencies, offices, divisions, departments, bureaus,
boards, and commissions from which they were transferred.

Whenever reports or notices are now required to be made or given or papers
or documents furnished or served by any person in regards to the functions
transferred to or upon the agencies, offices, divisions, departments, bureaus,
boards, and commissions from which the functions were transferred, the same
shall be made, given, furnished or served in the same manner to or upon the
Department of Innovation and Technology.

This Section does not affect any act done, ratified, or cancelled or any
right occurring or established or any action or proceeding had or commenced
in an administrative, civil, or criminal cause regarding the functions
transferred, but those proceedings may be continued by the Department of Innovation and Technology.

This Section does not affect the legality of any rules in the Illinois
Administrative Code regarding the functions transferred in this Section that
are in force on the effective date of this Section.  If necessary, however,
the affected agencies shall propose, adopt, or repeal rules, rule amendments,
and rule recodifications as appropriate to effectuate this Section.

(Source: P.A. 100-23, eff. 7-6-17; 100-611, eff. 7-20-18.)