HB5095 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5095

 

Introduced , by Rep. Jaime M. Andrade, Jr.

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Creates the Department of Innovation and Technology Act to codify the changes made in Executive Order 2016-001. Creates the Department of Innovation and Technology. Abolishes the Information Technology Office (also known as the Office of the Chief Information Officer) within the Office of the Governor and transfers its functions, personnel, and property to Department of Innovation and Technology. Provides for the transfer of information technology functions, including related personnel and property, from specified State agencies, boards, and commissions to the Department of Innovation and Technology. Provides for the powers and responsibilities of the Department of Innovation and Technology, including specified programs and initiatives. Provides for the appointment of the Secretary and Assistant Secretary of Innovation and Technology by the Governor, with the advice and consent of the Senate. Provides that the Secretary shall serve as the Chief Information Officer of the State. Amends the Illinois Procurement Code concerning the leasing for dark fiber networks. Amends the Open Meetings Act, the Gubernatorial Boards and Commissions Act, the Civil Administrative Code of Illinois, the Department of Central Management Services Law of the Civil Administrative Code of Illinois, the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois, the State Fire Marshal Act, the Illinois Century Network Act, the State Finance Act, the Grant Information Collection Act, the Illinois Pension Code, the Hydraulic Fracturing Regulatory Act, the Public Aid Code, the Methamphetamine Precursor Tracking Act, the Workers' Compensation Act, and the Workers' Occupational Diseases Act to make conforming changes and other changes. Effective immediately.


LRB100 18537 RJF 33755 b

 

 

A BILL FOR

 

HB5095LRB100 18537 RJF 33755 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Department of Innovation and Technology Act.
 
6    Section 5. Definitions. In this Act:
7    "Bureau of Communications and Computer Services" means the
8Bureau of Communications and Computer Services, also known as
9the Bureau of Information and Communication Services, created
10by rule (2 Illinois Administrative Code 750.40) within the
11Department of Central Management Services.
12    "Client agency" means each transferring agency, or its
13successor. "Client agency" also includes each other public
14agency to which the Department provides service.
15    "Dedicated unit" means the dedicated bureau, division,
16office, or other unit within a transferring agency that is
17responsible for the information technology functions of the
18transferring agency. For the Office of the Governor, "dedicated
19unit" means the Information Technology Office, also known as
20the Office of the Chief Information Officer. For the Department
21of Central Management Services, "dedicated unit" means the
22Bureau of Communications and Computer Services, also known as
23the Bureau of Information and Communication Services.

 

 

HB5095- 2 -LRB100 18537 RJF 33755 b

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

 

 

HB5095- 3 -LRB100 18537 RJF 33755 b

1    "State agency" means each State agency, department, board,
2and commission directly responsible to the Governor.
3    "Transferring agency" means the Department on Aging; the
4Departments of Agriculture, Central Management Services,
5Children and Family Services, Commerce and Economic
6Opportunity, Corrections, Employment Security, Financial and
7Professional Regulation, Healthcare and Family Services, Human
8Rights, Human Services, Insurance, Juvenile Justice, Labor,
9Lottery, Military Affairs, Natural Resources, Public Health,
10Revenue, State Police, Transportation, and Veterans' Affairs;
11the Capital Development Board; the Deaf and Hard of Hearing
12Commission; the Environmental Protection Agency; the
13Governor's Office of Management and Budget; the Guardianship
14and Advocacy Commission; the Historic Preservation Agency; the
15Illinois Arts Council; the Illinois Council on Developmental
16Disabilities; the Illinois Emergency Management Agency; the
17Illinois Gaming Board; the Illinois Health Information
18Exchange Authority; the Illinois Liquor Control Commission;
19the Illinois Student Assistance Commission; the Illinois
20Technology Office; the Office of the State Fire Marshal; and
21the Prisoner Review Board.
 
22    Section 10. Transfer of functions. On and after March 25,
232016 (the effective date of Executive Order 2016-001):
24    (a) For each transferring agency, the dedicated unit or
25units within that agency responsible for information

 

 

HB5095- 4 -LRB100 18537 RJF 33755 b

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

 

 

HB5095- 5 -LRB100 18537 RJF 33755 b

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

 

 

HB5095- 6 -LRB100 18537 RJF 33755 b

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

 

 

HB5095- 7 -LRB100 18537 RJF 33755 b

1of powers, duties, rights, and responsibilities relating to
2information technology functions affected by this Act, using
3the procedures for recodification of rules available under the
4Illinois Administrative Procedure Act, except that existing
5title, part, and section numbering for the affected rules may
6be retained. The Department of Innovation and Technology may
7propose and adopt under the Illinois Administrative Procedure
8Act such other rules of each dedicated unit or transferring
9agency that will now be administered by the Department of
10Innovation and Technology.
 
11    Section 15. Powers and duties. The Department shall promote
12best-in-class innovation and technology to client agencies to
13foster collaboration among client agencies, empower client
14agencies to provide better service to residents of Illinois,
15and maximize the value of taxpayer resources. The Department
16shall be responsible for information technology functions on
17behalf of client agencies.
18    The Department shall provide for and coordinate
19information technology for State agencies and, when requested
20and when in the best interests of the State, for State
21constitutional offices, units of federal or local governments,
22and public and not-for-profit institutions of primary,
23secondary, and higher education, or other parties not
24associated with State government. The Department shall
25establish charges for information technology for State

 

 

HB5095- 8 -LRB100 18537 RJF 33755 b

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

 

 

HB5095- 9 -LRB100 18537 RJF 33755 b

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

 

 

HB5095- 10 -LRB100 18537 RJF 33755 b

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

 

 

HB5095- 11 -LRB100 18537 RJF 33755 b

1    economy and provide appropriate assistance in the
2    development of information suitable for management
3    analysis.
4        (2) Establish principles and standards of information
5    technology-related reporting by client agencies and
6    priorities for completion of research by those agencies in
7    accordance with the requirements for management analysis
8    specified by the Department.
9        (3) Establish charges for information technology and
10    related services requested by client agencies and rendered
11    by the Department. The Department is likewise empowered to
12    establish prices or charges for all information technology
13    reports purchased by agencies and individuals not
14    connected with State government.
15        (4) Instruct all client agencies to report regularly to
16    the Department, in the manner the Department may prescribe,
17    their usage of information technology, the cost incurred,
18    the information produced, and the procedures followed in
19    obtaining the information. All client agencies shall
20    request from the Department assistance and consultation in
21    securing any necessary information technology to support
22    their requirements.
23        (5) Examine the accounts and information
24    technology-related data of any organization, body, or
25    agency receiving appropriations from the General Assembly,
26    except for a State constitutional office. For a State

 

 

HB5095- 12 -LRB100 18537 RJF 33755 b

1    constitutional office, the Department shall have the power
2    to examine the accounts and information technology-related
3    data of the State constitutional office when requested by
4    that office.
5        (6) Install and operate a modern information
6    technology system utilizing equipment adequate to satisfy
7    the requirements for analysis and review as specified by
8    the Department. Expenditures for information technology
9    and related services rendered shall be reimbursed by the
10    recipients. The reimbursement shall be determined by the
11    Department as amounts sufficient to reimburse the
12    Technology Management Revolving Fund for expenditures
13    incurred in rendering the services.
14    (c) In addition to the other powers and duties listed in
15subsection (b), the Department shall analyze the present and
16future aims, needs, and requirements of information
17technology, research, and planning in order to provide for the
18formulation of overall policy relative to the use of
19information technology and related equipment by the State of
20Illinois. In making this analysis, the Department shall
21formulate a master plan for information technology, utilizing
22information technology most advantageously, and advising
23whether information technology should be leased or purchased by
24the State. The Department shall prepare and submit interim
25reports of meaningful developments and proposals for
26legislation to the Governor on or before January 30 each year.

 

 

HB5095- 13 -LRB100 18537 RJF 33755 b

1The Department shall engage in a continuing analysis and
2evaluation of the master plan so developed, and it shall be the
3responsibility of the Department to recommend from time to time
4any needed amendments and modifications of any master plan
5enacted by the General Assembly.
6    (d) The Department may make information technology and the
7use of information technology available to units of local
8government, elected State officials, State educational
9institutions, the judicial branch, the legislative branch, and
10all other governmental units of the State requesting them. The
11Department shall establish prices and charges for the
12information technology so furnished and for the use of the
13information technology. The prices and charges shall be
14sufficient to reimburse the cost of furnishing the services and
15use of information technology.
16    (e) The Department may establish standards to provide
17consistency in the operation and use of information technology.
 
18    Section 35. Communications.
19    (a) The Department shall develop and implement a
20comprehensive plan to coordinate or centralize communications
21among State agencies with offices at different locations. The
22plan shall be updated based on a continuing study of
23communications problems of State government and shall include
24any information technology related equipment or service used
25for communication purposes including digital, analog, or

 

 

HB5095- 14 -LRB100 18537 RJF 33755 b

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

 

 

HB5095- 15 -LRB100 18537 RJF 33755 b

1    telecommunication device for the deaf installed and
2    operational within each State agency, to provide public
3    access to agency information for those persons who are
4    hearing or speech impaired. The Department shall consult
5    the Department of Human Services to develop standards and
6    implementation for this equipment.
7        (3) Establish charges for information technology for
8    State agencies and, when requested, for units of federal or
9    local government and public and not-for-profit
10    institutions of primary, secondary, or higher education.
11    Entities charged for these services shall pay the
12    Department.
13        (4) Instruct all State agencies to report their usage
14    of communication services regularly to the Department in
15    the manner the Department may prescribe.
16        (5) Analyze the present and future aims and needs of
17    all State agencies in the area of communications services
18    and plan to serve those aims and needs in the most
19    effective and efficient manner.
20        (6) Provide telecommunications and other
21    communications services.
22        (7) Establish the administrative organization within
23    the Department that is required to accomplish the purpose
24    of this Section.
25    As used in this subsection (b) only, "State agencies" means
26all departments, officers, commissions, boards, institutions,

 

 

HB5095- 16 -LRB100 18537 RJF 33755 b

1and bodies politic and corporate of the State except (i) the
2judicial branch, including, without limitation, the several
3courts of the State, the offices of the clerk of the supreme
4court and the clerks of the appellate court, and the
5Administrative Office of the Illinois Courts, (ii) State
6constitutional offices, and (iii) the General Assembly,
7legislative service agencies, and all officers of the General
8Assembly.
9    This subsection (b) does not apply to the procurement of
10Next Generation 9-1-1 service as governed by Section 15.6b of
11the Emergency Telephone System Act.
 
12    Section 40. Bulk long distance telephone services for
13military personnel in military service.
14    (a) As used in this Section only:
15    "Immediate family" means a service member's spouse
16residing in the service member's household, brothers and
17sisters of the whole or of the half blood, children, including
18adopted children and stepchildren, parents, and grandparents.
19    "Military service" means any full-time training or duty, no
20matter how described under federal or State law, for which a
21service member is ordered to report by the President, Governor
22of a state, commonwealth, or territory of the United States, or
23other appropriate military authority.
24    "Service member" means a resident of Illinois who is a
25member of any component of the United States Armed Forces or

 

 

HB5095- 17 -LRB100 18537 RJF 33755 b

1the National Guard of any state, the District of Columbia, a
2commonwealth, or a territory of the United States.
3    (b) The Department may enter into a contract to purchase
4bulk long distance telephone services and make them available
5at cost, or may make bulk long distance telephone services
6available at cost under any existing contract the Department
7has entered into, to persons in the immediate family of service
8members that have entered military service so that those
9persons in the service members' families can communicate with
10the service members. If the Department enters into a contract
11under this Section, it shall do so in accordance with the
12Illinois Procurement Code and in a nondiscriminatory manner
13that does not place any potential vendor at a competitive
14disadvantage.
15    (c) In order to be eligible to use bulk long distance
16telephone services purchased by the Department under this
17Section, a service member or person in the service member's
18immediate family must provide the Department with a copy of the
19orders calling the service member to military service in excess
20of 29 consecutive days and of any orders further extending the
21service member's period of military service.
22    (d) If the Department enters into a contract under this
23Section, the Department shall adopt rules as necessary to
24implement this Section.
 
25    Section 45. Grants for distance learning services. The

 

 

HB5095- 18 -LRB100 18537 RJF 33755 b

1Department may award grants to public community colleges and
2education service centers for development and implementation
3of telecommunications systems that provide distance learning
4services.
 
5    Section 50. Rulemaking. The Department may adopt rules
6under the Illinois Administrative Procedure Act necessary to
7carry out its responsibilities under this Act.
 
8    Section 55. Executive Orders.
9    (a) Executive Order 2016-001. The Department of Innovation
10and Technology was created by Executive Order 2016-001. This
11Act is the implementation of that Executive Order, together
12with additional provisions to ensure that the Department of
13Innovation and Technology is able to function as intended under
14that Executive Order. The intent of this Act is to ensure that
15the Department is able to fulfill its duties and purpose under
16that Executive Order. In the event of a conflict between the
17provisions of the Executive Order and this Act, this Act shall
18be controlling.
19    (b) Executive Order 1999-05. The Information Technology
20Office, also known as the Office of the Chief Information
21Officer, was created by Executive Order 1999-05. That Executive
22Order is superseded by this Act.
 
23    Section 60. Construction.

 

 

HB5095- 19 -LRB100 18537 RJF 33755 b

1    (a) Notwithstanding any provision of law to the contrary,
2on and after the effective date of this Act, references to
3"Bureau of Communications and Computer Services", "Bureau of
4Information and Communication Services", "Information
5Technology Office", or "Office of the Chief Information
6Officer" shall be construed as references to the Department of
7Innovation and Technology.
8    (b) Notwithstanding any provision of law to the contrary,
9on and after the effective date of this Act, references to
10"Chief Information Officer of the State" shall be construed as
11references to the Secretary of Innovation and Technology.
 
12    Section 905. The Civil Administrative Code of Illinois is
13amended by changing Sections 5-10, 5-15, 5-20, and 5-605 and by
14adding Sections 5-195 and 5-357 as follows:
 
15    (20 ILCS 5/5-10)  (was 20 ILCS 5/2.1)
16    Sec. 5-10. "Director". As used in the Civil Administrative
17Code of Illinois, unless the context clearly indicates
18otherwise, the word "director" means the several directors of
19the departments of State government as designated in Section
205-20 of this Law and includes the Secretary of Financial and
21Professional Regulation, the Secretary of Innovation and
22Technology, the Secretary of Human Services, and the Secretary
23of Transportation.
24(Source: P.A. 91-239, eff. 1-1-00.)
 

 

 

HB5095- 20 -LRB100 18537 RJF 33755 b

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

 

 

HB5095- 21 -LRB100 18537 RJF 33755 b

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

 

 

HB5095- 22 -LRB100 18537 RJF 33755 b

1the Department of Financial and Professional Regulation.
2    Director of Healthcare and Family Services, for the
3Department of Healthcare and Family Services.
4    Director of Human Rights, for the Department of Human
5Rights.
6    Secretary of Human Services, for the Department of Human
7Services.
8    Secretary of Innovation and Technology, for the Department
9of Innovation and Technology.
10    Director of Juvenile Justice, for the Department of
11Juvenile Justice.
12    Director of Labor, for the Department of Labor.
13    Director of the Lottery, for the Department of the Lottery.
14    Director of Natural Resources, for the Department of
15Natural Resources.
16    Director of Public Health, for the Department of Public
17Health.
18    Director of Revenue, for the Department of Revenue.
19    Director of State Police, for the Department of State
20Police.
21    Secretary of Transportation, for the Department of
22Transportation.
23    Director of Veterans' Affairs, for the Department of
24Veterans' Affairs.
25(Source: P.A. 97-464, eff. 10-15-11; 97-618, eff. 10-26-11;
2697-813, eff. 7-13-12; 98-499, eff. 8-16-13.)
 

 

 

HB5095- 23 -LRB100 18537 RJF 33755 b

1    (20 ILCS 5/5-195 new)
2    Sec. 5-195. In the Department of Innovation and Technology.
3Assistant Secretary of Innovation and Technology.
 
4    (20 ILCS 5/5-357 new)
5    Sec. 5-357. In the Department of Innovation and Technology.
6The Secretary of Innovation and Technology and the Assistant
7Secretary of Innovation and Technology shall each receive an
8annual salary as set by law.
 
9    (20 ILCS 5/5-605)  (was 20 ILCS 5/12)
10    Sec. 5-605. Appointment of officers. Each officer whose
11office is created by the Civil Administrative Code of Illinois
12or by any amendment to the Code shall be appointed by the
13Governor, by and with the advice and consent of the Senate. In
14case of vacancies in those offices during the recess of the
15Senate, the Governor shall make a temporary appointment until
16the next meeting of the Senate, when the Governor shall
17nominate some person to fill the office, and any person so
18nominated who is confirmed by the Senate shall hold office
19during the remainder of the term and until his or her successor
20is appointed and qualified. If the Senate is not in session at
21the time the Code or any amendments to the Code take effect,
22the Governor shall make a temporary appointment as in the case
23of a vacancy.

 

 

HB5095- 24 -LRB100 18537 RJF 33755 b

1    During the absence or inability to act of the director or
2secretary of any department, or of the Secretary of Human
3Services or the Secretary of Transportation, or in case of a
4vacancy in any such office until a successor is appointed and
5qualified, the Governor may designate some person as acting
6director or acting secretary to execute the powers and
7discharge the duties vested by law in that director or
8secretary.
9    During the term of a General Assembly, the Governor may not
10designate a person to serve as an acting director or secretary
11under this Section if that person's nomination to serve as the
12director or secretary of that same Department was rejected by
13the Senate of the same General Assembly. This Section is
14subject to the provisions of subsection (c) of Section 3A-40 of
15the Illinois Governmental Ethics Act.
16(Source: P.A. 97-582, eff. 8-26-11.)
 
17    Section 910. The Department of Central Management Services
18Law of the Civil Administrative Code of Illinois is amended by
19changing Sections 405-10, 405-270, and 405-410 as follows:
 
20    (20 ILCS 405/405-10)  (was 20 ILCS 405/35.3)
21    Sec. 405-10. Director's duties; State policy. It shall be
22the duty of the Director and the policy of the State of
23Illinois to do the following:
24        (1) Place financial responsibility on State agencies

 

 

HB5095- 25 -LRB100 18537 RJF 33755 b

1    (as defined in subsection (b) of Section 405-5) and hold
2    them accountable for the proper discharge of this
3    responsibility.
4        (2) Require professional, accurate, and current
5    accounting with the State agencies (as defined in
6    subsection (b) of Section 405-5).
7        (3) Decentralize fiscal, procedural, and
8    administrative operations to expedite the business of the
9    State and to avoid expense, unwieldiness, inefficiency,
10    and unnecessary duplication where decentralization is
11    consistent with proper fiscal management.
12        (4) (Blank). Manage or delegate the management of the
13    procurement, retention, installation, maintenance, and
14    operation of all electronic data processing equipment used
15    by State agencies as defined in Section 405-20, so as to
16    achieve maximum economy consistent with development of
17    adequate and timely information in a form suitable for
18    management analysis, in a manner that provides for adequate
19    security protection and back-up facilities for that
20    equipment, the establishment of bonding requirements, and
21    a code of conduct for all electronic data processing
22    personnel to ensure the privacy of electronic data
23    processing information as provided by law.
24(Source: P.A. 91-239, eff. 1-1-00.)
 
25    (20 ILCS 405/405-270)  (was 20 ILCS 405/67.18)

 

 

HB5095- 26 -LRB100 18537 RJF 33755 b

1    Sec. 405-270. Broadcast communications Communications
2services. To provide for and coordinate broadcast co-ordinate
3communications services for State agencies and, when requested
4and when in the best interests of the State, for units of
5federal or local governments and public and not-for-profit
6institutions of primary, secondary, and higher education. The
7Department may make use of its satellite uplink available to
8interested parties not associated with State government
9provided that State government usage shall have first priority.
10For this purpose the Department shall have the power and duty
11to do all of the following:
12        (1) Provide for and control the procurement,
13    retention, installation, and maintenance of video
14    recording, satellite uplink, public information, and
15    broadcast communications equipment or services used by
16    State agencies in the interest of efficiency and economy.
17        (2) (Blank). Establish standards by January 1, 1989 for
18    communications services for State agencies which shall
19    include a minimum of one telecommunication device for the
20    deaf installed and operational within each State agency, to
21    provide public access to agency information for those
22    persons who are hearing or speech impaired. The Department
23    shall consult the Department of Human Services to develop
24    standards and implementation for this equipment.
25        (3) Establish charges (i) for video recording,
26    satellite uplink, public information, and broadcast

 

 

HB5095- 27 -LRB100 18537 RJF 33755 b

1    communication services for State agencies and, when
2    requested, for units of federal or local government and
3    public and not-for-profit institutions of primary,
4    secondary, or higher education and (ii) for use of the
5    Department's satellite uplink by parties not associated
6    with State government. Entities charged for these services
7    shall reimburse the Department.
8        (4) Instruct all State agencies to report their usage
9    of video recording, satellite uplink, public information,
10    and broadcast communication services regularly to the
11    Department in the manner the Director may prescribe.
12        (5) Analyze the present and future aims and needs of
13    all State agencies in the area of video recording,
14    satellite uplink, public information, and broadcast
15    communications services and plan to serve those aims and
16    needs in the most effective and efficient manner.
17        (6) Provide services, including, but not limited to,
18    telecommunications, video recording, satellite uplink,
19    public information, and broadcast other communications
20    services.
21        (7) Establish the administrative organization within
22    the Department that is required to accomplish the purpose
23    of this Section.
24    The Department is authorized, in consultation with the
25Department of Innovation and Technology, to conduct a study for
26the purpose of determining technical, engineering, and

 

 

HB5095- 28 -LRB100 18537 RJF 33755 b

1management specifications for the networking, compatible
2connection, or shared use of existing and future public and
3private owned television broadcast and reception facilities,
4including but not limited to terrestrial microwave, fiber
5optic, and satellite, for broadcast and reception of
6educational, governmental, and business programs, and to
7implement those specifications.
8    However, the Department may not control or interfere with
9the input of content into the broadcast communications
10telecommunications systems by the several State agencies or
11units of federal or local government, or public or
12not-for-profit institutions of primary, secondary, and higher
13education, or users of the Department's satellite uplink.
14    As used in this Section, the term "State agencies" means
15all departments, officers, commissions, boards, institutions,
16and bodies politic and corporate of the State except (i) the
17judicial branch, including, without limitation, the several
18courts of the State, the offices of the clerk of the supreme
19court and the clerks of the appellate court, and the
20Administrative Office of the Illinois Courts and (ii) the
21General Assembly, legislative service agencies, and all
22officers of the General Assembly.
23    This Section does not apply to the procurement of Next
24Generation 9-1-1 service as governed by Section 15.6b of the
25Emergency Telephone System Act.
26    In the event of a conflict between the provisions of this

 

 

HB5095- 29 -LRB100 18537 RJF 33755 b

1Section and any provision of the Department of Innovation and
2Technology Act, the Department of Innovation and Technology Act
3shall be controlling.
4(Source: P.A. 99-6, eff. 1-1-16.)
 
5    (20 ILCS 405/405-410)
6    Sec. 405-410. Transfer of Information Technology
7functions.
8    (a) Notwithstanding any other law to the contrary, the
9Secretary of Innovation and Technology Director of Central
10Management Services, working in cooperation with the Director
11of any other agency, department, board, or commission directly
12responsible to the Governor, may direct the transfer, to the
13Department of Innovation and Technology Central Management
14Services, of those information technology functions at that
15agency, department, board, or commission that are suitable for
16centralization.
17    Upon receipt of the written direction to transfer
18information technology functions to the Department of
19Innovation and Technology Central Management Services, the
20personnel, equipment, and property (both real and personal)
21directly relating to the transferred functions shall be
22transferred to the Department of Innovation and Technology
23Central Management Services, and the relevant documents,
24records, and correspondence shall be transferred or copied, as
25the Secretary Director may prescribe.

 

 

HB5095- 30 -LRB100 18537 RJF 33755 b

1    (b) Upon receiving written direction from the Secretary of
2Innovation and Technology Director of Central Management
3Services, the Comptroller and Treasurer are authorized to
4transfer the unexpended balance of any appropriations related
5to the information technology functions transferred to the
6Department of Innovation and Technology Central Management
7Services and shall make the necessary fund transfers from any
8special fund in the State Treasury or from any other federal or
9State trust fund held by the Treasurer to the General Revenue
10Fund or the Technology Management Revolving Fund, as designated
11by the Secretary of Innovation and Technology Director of
12Central Management Services, for use by the Department of
13Innovation and Technology Central Management Services in
14support of information technology functions or any other
15related costs or expenses of the Department of Innovation and
16Technology Central Management Services.
17    (c) The rights of employees and the State and its agencies
18under the Personnel Code and applicable collective bargaining
19agreements or under any pension, retirement, or annuity plan
20shall not be affected by any transfer under this Section.
21    (d) The functions transferred to the Department of
22Innovation and Technology Central Management Services by this
23Section shall be vested in and shall be exercised by the
24Department of Innovation and Technology Central Management
25Services. Each act done in the exercise of those functions
26shall have the same legal effect as if done by the agencies,

 

 

HB5095- 31 -LRB100 18537 RJF 33755 b

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

 

 

HB5095- 32 -LRB100 18537 RJF 33755 b

1date of this Section. If necessary, however, the affected
2agencies shall propose, adopt, or repeal rules, rule
3amendments, and rule recodifications as appropriate to
4effectuate this Section.
5(Source: P.A. 100-23, eff. 7-6-17.)
 
6    (20 ILCS 405/405-20 rep.)
7    (20 ILCS 405/405-250 rep.)
8    (20 ILCS 405/405-255 rep.)
9    (20 ILCS 405/405-260 rep.)
10    (20 ILCS 405/405-265 rep.)
11    Section 915. The Department of Central Management Services
12Law of the Civil Administrative Code of Illinois is amended by
13repealing Sections 405-20, 405-250, 405-255, 405-260, and
14405-265.
 
15    Section 920. The Department of Commerce and Economic
16Opportunity Law of the Civil Administrative Code of Illinois is
17amended by changing Sections 605-680 and 605-1007 as follows:
 
18    (20 ILCS 605/605-680)
19    Sec. 605-680. Illinois goods and services website.
20    (a) The Department, in consultation with the Department of
21Innovation and Technology, must establish and maintain an
22Internet website devoted to the marketing of Illinois goods and
23services by linking potential purchasers with producers of

 

 

HB5095- 33 -LRB100 18537 RJF 33755 b

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

 

 

HB5095- 34 -LRB100 18537 RJF 33755 b

1        (4) contact information for any local government
2    permitting agencies that may be relevant.
3    (c) The Department shall contact all agencies to obtain
4business forms and other information for this website. Those
5agencies shall respond to the Department before July 1, 2016.
6    (d) The website shall also include some mechanism for the
7potential business owner to request more information from the
8Department that may be helpful in starting the business,
9including, but not limited to, State-based incentives that the
10business owner may qualify for when starting or relocating a
11business.
12    (e) The Department shall update the website at least once a
13year before July 1. The Department shall request that other
14State agencies report any changes in applicable application
15forms to the Department by June 1 of every year after 2016.
16(Source: P.A. 99-134, eff. 1-1-16.)
 
17    Section 930. The State Fire Marshal Act is amended by
18changing Section 2.5 as follows:
 
19    (20 ILCS 2905/2.5)
20    Sec. 2.5. Equipment exchange program.
21    (a) The Office shall create and maintain an equipment
22exchange program under which fire departments, fire protection
23districts, and township fire departments can donate or sell
24equipment to, trade equipment with, or buy equipment from each

 

 

HB5095- 35 -LRB100 18537 RJF 33755 b

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

 

 

HB5095- 36 -LRB100 18537 RJF 33755 b

1program.
2    (d) The Office must promote the program to encourage the
3efficient exchange of equipment among local government
4entities.
5    (e) The Office must implement the changes to the equipment
6exchange program required under this amendatory Act of the 94th
7General Assembly no later than July 1, 2006.
8(Source: P.A. 93-305, eff. 7-23-03; 94-175, eff. 7-12-05.)
 
9    Section 935. The Illinois Century Network Act is amended by
10changing Sections 5, 10, and 15 and by adding Section 7 as
11follows:
 
12    (20 ILCS 3921/5)
13    Sec. 5. Legislative findings and declarations. The General
14Assembly finds and declares:
15        (1) That computing and communications technologies are
16    essential for sustaining economic competitiveness and
17    fostering the educational vitality of this State.
18        (2) That there is an established need for a
19    telecommunications infrastructure that will provide
20    high-speed, reliable, and cost-effective digital
21    connections throughout the State.
22        (3) That a network is required that will deliver
23    educational programs, advanced training, and access to the
24    growing global wealth of information services to citizens

 

 

HB5095- 37 -LRB100 18537 RJF 33755 b

1    in all parts of this State.
2        (4) That the State and communication providers shall
3    continue to collaborate to deliver communications links to
4    anchor institutions in Illinois.
5(Source: P.A. 91-21, eff. 7-1-99.)
 
6    (20 ILCS 3921/7 new)
7    Sec. 7. Definitions. Beginning on July 1, 2017, as used in
8this Act, "anchor institutions" means Illinois schools,
9institutions of higher education, libraries, museums, research
10institutions, State agencies, and units of local government.
 
11    (20 ILCS 3921/10)
12    Sec. 10. Illinois Century Network. The Illinois Century
13Network shall be a service creating and maintaining high speed
14telecommunications networks that provide reliable
15communication links for wholesale connections with other
16registered or certified providers and the direct communication
17needs of various anchor institutions throughout Illinois to and
18among Illinois schools, institutions of higher education,
19libraries, museums, research institutions, State agencies,
20units of local government, and other local entities that
21provide services to Illinois citizens. The Illinois Century
22Network may shall build on existing investments in networking
23schools, colleges, and universities, and shall avoid
24duplication of existing communication networks if those

 

 

HB5095- 38 -LRB100 18537 RJF 33755 b

1networks are capable of maintaining future efforts, maintain
2sufficient capacity to meet the requirements of anchor
3institutions the participating institutions, and stay current
4with rapid developments in technology. The Illinois Century
5Network shall be capable of delivering state-of-the-art access
6to education, training, and electronic information and shall
7provide access to networking technologies for institutions
8located in even the most remote areas of this State.
9    By July 1, 2018, the Department of Innovation and
10Technology shall perform a comprehensive review of the Illinois
11Century Network including, but not limited to, assets,
12connections, hardware, and capacity of the current network.
13Nothing in this amendatory Act of the 100th General Assembly
14shall change contractual obligations of the Illinois Century
15Network that are effective on or before the effective date of
16this amendatory Act of the 100th General Assembly.
17(Source: P.A. 91-21, eff. 7-1-99; 92-691, eff. 7-18-02.)
 
18    (20 ILCS 3921/15)
19    Sec. 15. Management of the Illinois Century Network.
20    (a) The Department of Innovation and Technology shall
21govern the staffing and contractual services necessary to
22support the activities of the Illinois Century Network.
23Staffing and contractual services necessary to support the
24network's activities shall be governed by the Illinois Century
25Network Policy Committee. The committee shall include:

 

 

HB5095- 39 -LRB100 18537 RJF 33755 b

1        (1) 6 standing members as follows:
2            (i) the Illinois State Library Director or
3        designee;
4            (ii) the Illinois State Museum Director or
5        designee;
6            (iii) the Executive Director of the Board of Higher
7        Education or designee;
8            (iv) the Executive Director of the Illinois
9        Community College Board or designee;
10            (v) the State Board of Education State
11        Superintendent or designee; and
12            (vi) the Director of Central Management Services
13        or designee;
14        (2) up to 7 members who are appointed by the Governor
15    and who:
16            (i) have experience and background in private K-12
17        education, private higher education, or who are from
18        other participant constituents that are not already
19        represented;
20            (ii) shall serve staggered terms up to 3 years as
21        designated by the Governor; and
22            (iii) shall serve until a successor is appointed
23        and qualified; and
24        (3) a Chairperson who is appointed by the Governor and
25    who shall serve a term of 2 years and until a successor is
26    appointed and qualified.

 

 

HB5095- 40 -LRB100 18537 RJF 33755 b

1    (b) (Blank). Illinois Century Network Policy Committee
2members shall serve without compensation but shall be entitled
3to reimbursement for reasonable expenses of travel for members
4who are required to travel for a distance greater than 20 miles
5to participate in business of the Illinois Century Network
6Policy Committee.
7(Source: P.A. 98-719, eff. 1-1-15.)
 
8    (20 ILCS 3921/20 rep.)
9    Section 937. The Illinois Century Network Act is amended by
10repealing Section 20.
 
11    Section 940. The State Finance Act is amended by changing
12Sections 6p-1, 6p-2, 8.16a, and 8.16b as follows:
 
13    (30 ILCS 105/6p-1)  (from Ch. 127, par. 142p1)
14    Sec. 6p-1. The Technology Management Revolving Fund
15(formerly known as the Statistical Services Revolving Fund)
16shall be initially financed by a transfer of funds from the
17General Revenue Fund. Thereafter, all fees and other monies
18received by the Department of Innovation and Technology Central
19Management Services in payment for information technology and
20related statistical services rendered pursuant to subsection
21(b) of Section 30 of the Department of Innovation and
22Technology Act Section 405-20 of the Department of Central
23Management Services Law (20 ILCS 405/405-20) shall be paid into

 

 

HB5095- 41 -LRB100 18537 RJF 33755 b

1the Technology Management Revolving Fund. On and after July 1,
22018 2017, or after sufficient moneys have been received in the
3Communications Revolving Fund to pay all Fiscal Year 2018 2017
4obligations payable from the Fund, whichever is later, all fees
5and other moneys received by the Department of Central
6Management Services in payment for communications services
7rendered pursuant to the Department of Central Management
8Services Law of the Civil Administrative Code of Illinois or
9sale of surplus State communications equipment shall be paid
10into the Technology Management Revolving Fund. The money in
11this fund shall be used by the Department of Innovation and
12Technology Central Management Services as reimbursement for
13expenditures incurred in rendering information technology and
14related statistical services and, beginning July 1, 2017, as
15reimbursement for expenditures incurred in relation to
16communications services.
17(Source: P.A. 100-23, eff. 7-6-17.)
 
18    (30 ILCS 105/6p-2)  (from Ch. 127, par. 142p2)
19    Sec. 6p-2. The Communications Revolving Fund shall be
20initially financed by a transfer of funds from the General
21Revenue Fund. Thereafter, through June 30, 2017, all fees and
22other monies received by the Department of Innovation and
23Technology Central Management Services in payment for
24communications services rendered pursuant to the Department of
25Innovation and Technology Act Central Management Services Law

 

 

HB5095- 42 -LRB100 18537 RJF 33755 b

1or sale of surplus State communications equipment shall be paid
2into the Communications Revolving Fund. Except as otherwise
3provided in this Section, the money in this fund shall be used
4by the Department of Innovation and Technology Central
5Management Services as reimbursement for expenditures incurred
6in relation to communications services.
7    On the effective date of this amendatory Act of the 93rd
8General Assembly, or as soon as practicable thereafter, the
9State Comptroller shall order transferred and the State
10Treasurer shall transfer $3,000,000 from the Communications
11Revolving Fund to the Emergency Public Health Fund to be used
12for the purposes specified in Section 55.6a of the
13Environmental Protection Act.
14    In addition to any other transfers that may be provided for
15by law, on July 1, 2011, or as soon thereafter as practical,
16the State Comptroller shall direct and the State Treasurer
17shall transfer the sum of $5,000,000 from the General Revenue
18Fund to the Communications Revolving Fund.
19    Notwithstanding any other provision of law, in addition to
20any other transfers that may be provided by law, on July 1,
212018 2017, or after sufficient moneys have been received in the
22Communications Revolving Fund to pay all Fiscal Year 2018 2017
23obligations payable from the Fund, whichever is later, the
24State Comptroller shall direct and the State Treasurer shall
25transfer the remaining balance from the Communications
26Revolving Fund into the Technology Management Revolving Fund.

 

 

HB5095- 43 -LRB100 18537 RJF 33755 b

1Upon completion of the transfer, any future deposits due to
2that Fund and any outstanding obligations or liabilities of
3that Fund pass to the Technology Management Revolving Fund.
4(Source: P.A. 100-23, eff. 7-6-17.)
 
5    (30 ILCS 105/8.16a)  (from Ch. 127, par. 144.16a)
6    Sec. 8.16a. Appropriations for the procurement,
7installation, retention, maintenance and operation of
8electronic data processing and information technology devices
9and software used by State state agencies subject to subsection
10(b) of Section 30 of the Department of Innovation and
11Technology Act Section 405-20 of the Department of Central
12Management Services Law (20 ILCS 405/405-20), the purchase of
13necessary supplies and equipment and accessories thereto, and
14all other expenses incident to the operation and maintenance of
15those electronic data processing and information technology
16devices and software are payable from the Technology Management
17Revolving Fund. However, no contract shall be entered into or
18obligation incurred for any expenditure from the Technology
19Management Revolving Fund until after the purpose and amount
20has been approved in writing by the Secretary of Innovation and
21Technology Director of Central Management Services. Until
22there are sufficient funds in the Technology Management
23Revolving Fund (formerly known as the Statistical Services
24Revolving Fund) to carry out the purposes of this amendatory
25Act of 1965, however, the State agencies subject to subsection

 

 

HB5095- 44 -LRB100 18537 RJF 33755 b

1(b) of Section 30 of the Department of Innovation and
2Technology Act that Section 405-20 shall, on written approval
3of the Secretary of Innovation and Technology Director of
4Central Management Services, pay the cost of operating and
5maintaining electronic data processing systems from current
6appropriations as classified and standardized in the State
7Finance Act.
8(Source: P.A. 100-23, eff. 7-6-17.)
 
9    (30 ILCS 105/8.16b)  (from Ch. 127, par. 144.16b)
10    Sec. 8.16b. Appropriations for expenses related to
11communications services pursuant to the Civil Administrative
12Code of Illinois are payable from the Communications Revolving
13Fund. However, no contract shall be entered into or obligation
14incurred for any expenditure from the Communications Revolving
15Fund until after the purpose and amount has been approved in
16writing by the Secretary of Innovation and Technology Director
17of Central Management Services.
18(Source: P.A. 87-817.)
 
19    Section 943. The Illinois Procurement Code is amended by
20changing Section 20-60 as follows:
 
21    (30 ILCS 500/20-60)
22    Sec. 20-60. Duration of contracts.
23    (a) Maximum duration. A contract may be entered into for

 

 

HB5095- 45 -LRB100 18537 RJF 33755 b

1any period of time deemed to be in the best interests of the
2State but not exceeding 10 years inclusive, beginning January
31, 2010, of proposed contract renewals. Third parties may lease
4State-owned dark fiber networks for any period of time deemed
5to be in the best interest of the State, but not exceeding 20
6years. The length of a lease for real property or capital
7improvements shall be in accordance with the provisions of
8Section 40-25. The length of energy conservation program
9contracts or energy savings contracts or leases shall be in
10accordance with the provisions of Section 25-45. A contract for
11bond or mortgage insurance awarded by the Illinois Housing
12Development Authority, however, may be entered into for any
13period of time less than or equal to the maximum period of time
14that the subject bond or mortgage may remain outstanding.
15    (b) Subject to appropriation. All contracts made or entered
16into shall recite that they are subject to termination and
17cancellation in any year for which the General Assembly fails
18to make an appropriation to make payments under the terms of
19the contract.
20    (c) The chief procurement officer shall file a proposed
21extension or renewal of a contract with the Procurement Policy
22Board prior to entering into any extension or renewal if the
23cost associated with the extension or renewal exceeds $249,999.
24The Procurement Policy Board may object to the proposed
25extension or renewal within 30 calendar days and require a
26hearing before the Board prior to entering into the extension

 

 

HB5095- 46 -LRB100 18537 RJF 33755 b

1or renewal. If the Procurement Policy Board does not object
2within 30 calendar days or takes affirmative action to
3recommend the extension or renewal, the chief procurement
4officer may enter into the extension or renewal of a contract.
5This subsection does not apply to any emergency procurement,
6any procurement under Article 40, or any procurement exempted
7by Section 1-10(b) of this Code. If any State agency contract
8is paid for in whole or in part with federal-aid funds, grants,
9or loans and the provisions of this subsection would result in
10the loss of those federal-aid funds, grants, or loans, then the
11contract is exempt from the provisions of this subsection in
12order to remain eligible for those federal-aid funds, grants,
13or loans, and the State agency shall file notice of this
14exemption with the Procurement Policy Board prior to entering
15into the proposed extension or renewal. Nothing in this
16subsection permits a chief procurement officer to enter into an
17extension or renewal in violation of subsection (a). By August
181 each year, the Procurement Policy Board shall file a report
19with the General Assembly identifying for the previous fiscal
20year (i) the proposed extensions or renewals that were filed
21with the Board and whether the Board objected and (ii) the
22contracts exempt from this subsection.
23    (d) Notwithstanding the provisions of subsection (a) of
24this Section, the Department of Innovation and Technology may
25enter into leases for dark fiber networks for any period of
26time deemed to be in the best interests of the State but not

 

 

HB5095- 47 -LRB100 18537 RJF 33755 b

1exceeding 20 years inclusive. The Department of Innovation and
2Technology may lease dark fiber networks from third parties
3only for the primary purpose of providing services to (i) the
4offices of Governor, Lieutenant Governor, Attorney General,
5Secretary of State, Comptroller, or Treasurer and State
6agencies, as defined under Section 5-15 of the Civil
7Administrative Code of Illinois or (ii) for anchor
8institutions, as defined in Section 7 of the Illinois Century
9Network Act. Dark fiber network lease contracts shall be
10subject to all other provisions of this Code and any applicable
11rules or requirements, including, but not limited to,
12publication of lease solicitations, use of standard State
13contracting terms and conditions, and approval of vendor
14certifications and financial disclosures.
15    (e) As used in this Section, "dark fiber network" means a
16network of fiber optic cables laid but currently unused by a
17third party that the third party is leasing for use as network
18infrastructure.
19(Source: P.A. 100-23, eff. 7-6-17.)
 
20    Section 945. The Grant Information Collection Act is
21amended by changing Section 10 as follows:
 
22    (30 ILCS 707/10)
23    Sec. 10. Grant information collection. The Secretary of
24Innovation and Technology Chief Information Officer of the

 

 

HB5095- 48 -LRB100 18537 RJF 33755 b

1State, as designated by the Governor, shall coordinate with
2each State agency to develop, with any existing or newly
3available resources and technology, appropriate systems to
4accurately report data containing financial information. These
5systems shall include a module that is specific to the
6management and administration of grant funds.
7    Each grantor agency that is authorized to award grant funds
8to an entity other than the State of Illinois shall coordinate
9with the Secretary of Innovation and Technology Chief
10Information Officer of the State to provide for the
11publication, at data.illinois.gov or any other publicly
12accessible website designated by the Chief Information
13Officer, of data sets containing information regarding awards
14of grant funds that the grantor agency has made during the
15previous fiscal year. Data sets shall be published on at least
16a quarterly basis and shall include, at a minimum, the
17following:
18        (1) the name of the grantor agency;
19        (2) the name and postal zip code of the grantee;
20        (3) a short description of the purpose of the award of
21    grant funds;
22        (4) the amount of each award of grant funds;
23        (5) the date of each award of grant funds; and
24        (6) the duration of each award of grant funds.
25    In addition, each grantor agency shall make best efforts,
26with available resources and technology, to make available in

 

 

HB5095- 49 -LRB100 18537 RJF 33755 b

1the data sets any other data that is relevant to its award of
2grant funds.
3    Data not subject to the requirements of this Section
4include data to which a State agency may deny access pursuant
5to any provision of a federal, State, or local law, rule, or
6regulation.
7(Source: P.A. 98-589, eff. 1-1-14.)
 
8    Section 950. The Illinois Pension Code is amended by
9changing Sections 1-160, 14-110, and 15-106 as follows:
 
10    (40 ILCS 5/1-160)
11    Sec. 1-160. Provisions applicable to new hires.
12    (a) The provisions of this Section apply to a person who,
13on or after January 1, 2011, first becomes a member or a
14participant under any reciprocal retirement system or pension
15fund established under this Code, other than a retirement
16system or pension fund established under Article 2, 3, 4, 5, 6,
1715 or 18 of this Code, notwithstanding any other provision of
18this Code to the contrary, but do not apply to any self-managed
19plan established under this Code, to any person with respect to
20service as a sheriff's law enforcement employee under Article
217, or to any participant of the retirement plan established
22under Section 22-101. Notwithstanding anything to the contrary
23in this Section, for purposes of this Section, a person who
24participated in a retirement system under Article 15 prior to

 

 

HB5095- 50 -LRB100 18537 RJF 33755 b

1January 1, 2011 shall be deemed a person who first became a
2member or participant prior to January 1, 2011 under any
3retirement system or pension fund subject to this Section. The
4changes made to this Section by Public Act 98-596 are a
5clarification of existing law and are intended to be
6retroactive to January 1, 2011 (the effective date of Public
7Act 96-889), notwithstanding the provisions of Section 1-103.1
8of this Code.
9    This Section does not apply to a person who first becomes a
10noncovered employee under Article 14 on or after the
11implementation date of the plan created under Section 1-161 for
12that Article, unless that person elects under subsection (b) of
13Section 1-161 to instead receive the benefits provided under
14this Section and the applicable provisions of that Article.
15    This Section does not apply to a person who first becomes a
16member or participant under Article 16 on or after the
17implementation date of the plan created under Section 1-161 for
18that Article, unless that person elects under subsection (b) of
19Section 1-161 to instead receive the benefits provided under
20this Section and the applicable provisions of that Article.
21    This Section does not apply to a person who elects under
22subsection (c-5) of Section 1-161 to receive the benefits under
23Section 1-161.
24    This Section does not apply to a person who first becomes a
25member or participant of an affected pension fund on or after 6
26months after the resolution or ordinance date, as defined in

 

 

HB5095- 51 -LRB100 18537 RJF 33755 b

1Section 1-162, unless that person elects under subsection (c)
2of Section 1-162 to receive the benefits provided under this
3Section and the applicable provisions of the Article under
4which he or she is a member or participant.
5    (b) "Final average salary" means the average monthly (or
6annual) salary obtained by dividing the total salary or
7earnings calculated under the Article applicable to the member
8or participant during the 96 consecutive months (or 8
9consecutive years) of service within the last 120 months (or 10
10years) of service in which the total salary or earnings
11calculated under the applicable Article was the highest by the
12number of months (or years) of service in that period. For the
13purposes of a person who first becomes a member or participant
14of any retirement system or pension fund to which this Section
15applies on or after January 1, 2011, in this Code, "final
16average salary" shall be substituted for the following:
17        (1) In Article 7 (except for service as sheriff's law
18    enforcement employees), "final rate of earnings".
19        (2) In Articles 8, 9, 10, 11, and 12, "highest average
20    annual salary for any 4 consecutive years within the last
21    10 years of service immediately preceding the date of
22    withdrawal".
23        (3) In Article 13, "average final salary".
24        (4) In Article 14, "final average compensation".
25        (5) In Article 17, "average salary".
26        (6) In Section 22-207, "wages or salary received by him

 

 

HB5095- 52 -LRB100 18537 RJF 33755 b

1    at the date of retirement or discharge".
2    (b-5) Beginning on January 1, 2011, for all purposes under
3this Code (including without limitation the calculation of
4benefits and employee contributions), the annual earnings,
5salary, or wages (based on the plan year) of a member or
6participant to whom this Section applies shall not exceed
7$106,800; however, that amount shall annually thereafter be
8increased by the lesser of (i) 3% of that amount, including all
9previous adjustments, or (ii) one-half the annual unadjusted
10percentage increase (but not less than zero) in the consumer
11price index-u for the 12 months ending with the September
12preceding each November 1, including all previous adjustments.
13    For the purposes of this Section, "consumer price index-u"
14means the index published by the Bureau of Labor Statistics of
15the United States Department of Labor that measures the average
16change in prices of goods and services purchased by all urban
17consumers, United States city average, all items, 1982-84 =
18100. The new amount resulting from each annual adjustment shall
19be determined by the Public Pension Division of the Department
20of Insurance and made available to the boards of the retirement
21systems and pension funds by November 1 of each year.
22    (c) A member or participant is entitled to a retirement
23annuity upon written application if he or she has attained age
2467 (beginning January 1, 2015, age 65 with respect to service
25under Article 12 of this Code that is subject to this Section)
26and has at least 10 years of service credit and is otherwise

 

 

HB5095- 53 -LRB100 18537 RJF 33755 b

1eligible under the requirements of the applicable Article.
2    A member or participant who has attained age 62 (beginning
3January 1, 2015, age 60 with respect to service under Article
412 of this Code that is subject to this Section) and has at
5least 10 years of service credit and is otherwise eligible
6under the requirements of the applicable Article may elect to
7receive the lower retirement annuity provided in subsection (d)
8of this Section.
9    (c-5) A person who first becomes a member or a participant
10under Article 8 or Article 11 of this Code on or after the
11effective date of this amendatory Act of the 100th General
12Assembly, notwithstanding any other provision of this Code to
13the contrary, is entitled to a retirement annuity upon written
14application if he or she has attained age 65 and has at least
1510 years of service credit under Article 8 or Article 11 of
16this Code and is otherwise eligible under the requirements of
17Article 8 or Article 11 of this Code, whichever is applicable.
18    (d) The retirement annuity of a member or participant who
19is retiring after attaining age 62 (beginning January 1, 2015,
20age 60 with respect to service under Article 12 of this Code
21that is subject to this Section) with at least 10 years of
22service credit shall be reduced by one-half of 1% for each full
23month that the member's age is under age 67 (beginning January
241, 2015, age 65 with respect to service under Article 12 of
25this Code that is subject to this Section).
26    (d-5) The retirement annuity of a person who first becomes

 

 

HB5095- 54 -LRB100 18537 RJF 33755 b

1a member or a participant under Article 8 or Article 11 of this
2Code on or after the effective date of this amendatory Act of
3the 100th General Assembly who is retiring at age 60 with at
4least 10 years of service credit under Article 8 or Article 11
5shall be reduced by one-half of 1% for each full month that the
6member's age is under age 65.
7    (d-10) Each person who first became a member or participant
8under Article 8 or Article 11 of this Code on or after January
91, 2011 and prior to the effective date of this amendatory Act
10of the 100th General Assembly shall make an irrevocable
11election either:
12        (i) to be eligible for the reduced retirement age
13    provided in subsections (c-5) and (d-5) of this Section,
14    the eligibility for which is conditioned upon the member or
15    participant agreeing to the increases in employee
16    contributions for age and service annuities provided in
17    subsection (a-5) of Section 8-174 of this Code (for service
18    under Article 8) or subsection (a-5) of Section 11-170 of
19    this Code (for service under Article 11); or
20        (ii) to not agree to item (i) of this subsection
21    (d-10), in which case the member or participant shall
22    continue to be subject to the retirement age provisions in
23    subsections (c) and (d) of this Section and the employee
24    contributions for age and service annuity as provided in
25    subsection (a) of Section 8-174 of this Code (for service
26    under Article 8) or subsection (a) of Section 11-170 of

 

 

HB5095- 55 -LRB100 18537 RJF 33755 b

1    this Code (for service under Article 11).
2    The election provided for in this subsection shall be made
3between October 1, 2017 and November 15, 2017. A person subject
4to this subsection who makes the required election shall remain
5bound by that election. A person subject to this subsection who
6fails for any reason to make the required election within the
7time specified in this subsection shall be deemed to have made
8the election under item (ii).
9    (e) Any retirement annuity or supplemental annuity shall be
10subject to annual increases on the January 1 occurring either
11on or after the attainment of age 67 (beginning January 1,
122015, age 65 with respect to service under Article 12 of this
13Code that is subject to this Section and beginning on the
14effective date of this amendatory Act of the 100th General
15Assembly, age 65 with respect to persons who: (i) first became
16members or participants under Article 8 or Article 11 of this
17Code on or after the effective date of this amendatory Act of
18the 100th General Assembly; or (ii) first became members or
19participants under Article 8 or Article 11 of this Code on or
20after January 1, 2011 and before the effective date of this
21amendatory Act of the 100th General Assembly and made the
22election under item (i) of subsection (d-10) of this Section)
23or the first anniversary of the annuity start date, whichever
24is later. Each annual increase shall be calculated at 3% or
25one-half the annual unadjusted percentage increase (but not
26less than zero) in the consumer price index-u for the 12 months

 

 

HB5095- 56 -LRB100 18537 RJF 33755 b

1ending with the September preceding each November 1, whichever
2is less, of the originally granted retirement annuity. If the
3annual unadjusted percentage change in the consumer price
4index-u for the 12 months ending with the September preceding
5each November 1 is zero or there is a decrease, then the
6annuity shall not be increased.
7    For the purposes of Section 1-103.1 of this Code, the
8changes made to this Section by this amendatory Act of the
9100th General Assembly are applicable without regard to whether
10the employee was in active service on or after the effective
11date of this amendatory Act of the 100th General Assembly.
12    (f) The initial survivor's or widow's annuity of an
13otherwise eligible survivor or widow of a retired member or
14participant who first became a member or participant on or
15after January 1, 2011 shall be in the amount of 66 2/3% of the
16retired member's or participant's retirement annuity at the
17date of death. In the case of the death of a member or
18participant who has not retired and who first became a member
19or participant on or after January 1, 2011, eligibility for a
20survivor's or widow's annuity shall be determined by the
21applicable Article of this Code. The initial benefit shall be
2266 2/3% of the earned annuity without a reduction due to age. A
23child's annuity of an otherwise eligible child shall be in the
24amount prescribed under each Article if applicable. Any
25survivor's or widow's annuity shall be increased (1) on each
26January 1 occurring on or after the commencement of the annuity

 

 

HB5095- 57 -LRB100 18537 RJF 33755 b

1if the deceased member died while receiving a retirement
2annuity or (2) in other cases, on each January 1 occurring
3after the first anniversary of the commencement of the annuity.
4Each annual increase shall be calculated at 3% or one-half the
5annual unadjusted percentage increase (but not less than zero)
6in the consumer price index-u for the 12 months ending with the
7September preceding each November 1, whichever is less, of the
8originally granted survivor's annuity. If the annual
9unadjusted percentage change in the consumer price index-u for
10the 12 months ending with the September preceding each November
111 is zero or there is a decrease, then the annuity shall not be
12increased.
13    (g) The benefits in Section 14-110 apply only if the person
14is a State policeman, a fire fighter in the fire protection
15service of a department, or a security employee of the
16Department of Corrections or the Department of Juvenile
17Justice, or a security employee of the Department of Innovation
18and Technology, as those terms are defined in subsection (b)
19and subsection (c) of Section 14-110. A person who meets the
20requirements of this Section is entitled to an annuity
21calculated under the provisions of Section 14-110, in lieu of
22the regular or minimum retirement annuity, only if the person
23has withdrawn from service with not less than 20 years of
24eligible creditable service and has attained age 60, regardless
25of whether the attainment of age 60 occurs while the person is
26still in service.

 

 

HB5095- 58 -LRB100 18537 RJF 33755 b

1    (h) If a person who first becomes a member or a participant
2of a retirement system or pension fund subject to this Section
3on or after January 1, 2011 is receiving a retirement annuity
4or retirement pension under that system or fund and becomes a
5member or participant under any other system or fund created by
6this Code and is employed on a full-time basis, except for
7those members or participants exempted from the provisions of
8this Section under subsection (a) of this Section, then the
9person's retirement annuity or retirement pension under that
10system or fund shall be suspended during that employment. Upon
11termination of that employment, the person's retirement
12annuity or retirement pension payments shall resume and be
13recalculated if recalculation is provided for under the
14applicable Article of this Code.
15    If a person who first becomes a member of a retirement
16system or pension fund subject to this Section on or after
17January 1, 2012 and is receiving a retirement annuity or
18retirement pension under that system or fund and accepts on a
19contractual basis a position to provide services to a
20governmental entity from which he or she has retired, then that
21person's annuity or retirement pension earned as an active
22employee of the employer shall be suspended during that
23contractual service. A person receiving an annuity or
24retirement pension under this Code shall notify the pension
25fund or retirement system from which he or she is receiving an
26annuity or retirement pension, as well as his or her

 

 

HB5095- 59 -LRB100 18537 RJF 33755 b

1contractual employer, of his or her retirement status before
2accepting contractual employment. A person who fails to submit
3such notification shall be guilty of a Class A misdemeanor and
4required to pay a fine of $1,000. Upon termination of that
5contractual employment, the person's retirement annuity or
6retirement pension payments shall resume and, if appropriate,
7be recalculated under the applicable provisions of this Code.
8    (i) (Blank).
9    (j) In the case of a conflict between the provisions of
10this Section and any other provision of this Code, the
11provisions of this Section shall control.
12(Source: P.A. 100-23, eff. 7-6-17; 100-201, eff. 8-18-17;
13100-563, eff. 12-8-17.)
 
14    (40 ILCS 5/14-110)  (from Ch. 108 1/2, par. 14-110)
15    Sec. 14-110. Alternative retirement annuity.
16    (a) Any member who has withdrawn from service with not less
17than 20 years of eligible creditable service and has attained
18age 55, and any member who has withdrawn from service with not
19less than 25 years of eligible creditable service and has
20attained age 50, regardless of whether the attainment of either
21of the specified ages occurs while the member is still in
22service, shall be entitled to receive at the option of the
23member, in lieu of the regular or minimum retirement annuity, a
24retirement annuity computed as follows:
25        (i) for periods of service as a noncovered employee: if

 

 

HB5095- 60 -LRB100 18537 RJF 33755 b

1    retirement occurs on or after January 1, 2001, 3% of final
2    average compensation for each year of creditable service;
3    if retirement occurs before January 1, 2001, 2 1/4% of
4    final average compensation for each of the first 10 years
5    of creditable service, 2 1/2% for each year above 10 years
6    to and including 20 years of creditable service, and 2 3/4%
7    for each year of creditable service above 20 years; and
8        (ii) for periods of eligible creditable service as a
9    covered employee: if retirement occurs on or after January
10    1, 2001, 2.5% of final average compensation for each year
11    of creditable service; if retirement occurs before January
12    1, 2001, 1.67% of final average compensation for each of
13    the first 10 years of such service, 1.90% for each of the
14    next 10 years of such service, 2.10% for each year of such
15    service in excess of 20 but not exceeding 30, and 2.30% for
16    each year in excess of 30.
17    Such annuity shall be subject to a maximum of 75% of final
18average compensation if retirement occurs before January 1,
192001 or to a maximum of 80% of final average compensation if
20retirement occurs on or after January 1, 2001.
21    These rates shall not be applicable to any service
22performed by a member as a covered employee which is not
23eligible creditable service. Service as a covered employee
24which is not eligible creditable service shall be subject to
25the rates and provisions of Section 14-108.
26    (b) For the purpose of this Section, "eligible creditable

 

 

HB5095- 61 -LRB100 18537 RJF 33755 b

1service" means creditable service resulting from service in one
2or more of the following positions:
3        (1) State policeman;
4        (2) fire fighter in the fire protection service of a
5    department;
6        (3) air pilot;
7        (4) special agent;
8        (5) investigator for the Secretary of State;
9        (6) conservation police officer;
10        (7) investigator for the Department of Revenue or the
11    Illinois Gaming Board;
12        (8) security employee of the Department of Human
13    Services;
14        (9) Central Management Services security police
15    officer;
16        (10) security employee of the Department of
17    Corrections or the Department of Juvenile Justice;
18        (11) dangerous drugs investigator;
19        (12) investigator for the Department of State Police;
20        (13) investigator for the Office of the Attorney
21    General;
22        (14) controlled substance inspector;
23        (15) investigator for the Office of the State's
24    Attorneys Appellate Prosecutor;
25        (16) Commerce Commission police officer;
26        (17) arson investigator;

 

 

HB5095- 62 -LRB100 18537 RJF 33755 b

1        (18) State highway maintenance worker ; .
2        (19) security employee of the Department of Innovation
3    and Technology.
4    A person employed in one of the positions specified in this
5subsection is entitled to eligible creditable service for
6service credit earned under this Article while undergoing the
7basic police training course approved by the Illinois Law
8Enforcement Training Standards Board, if completion of that
9training is required of persons serving in that position. For
10the purposes of this Code, service during the required basic
11police training course shall be deemed performance of the
12duties of the specified position, even though the person is not
13a sworn peace officer at the time of the training.
14    (c) For the purposes of this Section:
15        (1) The term "State policeman" includes any title or
16    position in the Department of State Police that is held by
17    an individual employed under the State Police Act.
18        (2) The term "fire fighter in the fire protection
19    service of a department" includes all officers in such fire
20    protection service including fire chiefs and assistant
21    fire chiefs.
22        (3) The term "air pilot" includes any employee whose
23    official job description on file in the Department of
24    Central Management Services, or in the department by which
25    he is employed if that department is not covered by the
26    Personnel Code, states that his principal duty is the

 

 

HB5095- 63 -LRB100 18537 RJF 33755 b

1    operation of aircraft, and who possesses a pilot's license;
2    however, the change in this definition made by this
3    amendatory Act of 1983 shall not operate to exclude any
4    noncovered employee who was an "air pilot" for the purposes
5    of this Section on January 1, 1984.
6        (4) The term "special agent" means any person who by
7    reason of employment by the Division of Narcotic Control,
8    the Bureau of Investigation or, after July 1, 1977, the
9    Division of Criminal Investigation, the Division of
10    Internal Investigation, the Division of Operations, or any
11    other Division or organizational entity in the Department
12    of State Police is vested by law with duties to maintain
13    public order, investigate violations of the criminal law of
14    this State, enforce the laws of this State, make arrests
15    and recover property. The term "special agent" includes any
16    title or position in the Department of State Police that is
17    held by an individual employed under the State Police Act.
18        (5) The term "investigator for the Secretary of State"
19    means any person employed by the Office of the Secretary of
20    State and vested with such investigative duties as render
21    him ineligible for coverage under the Social Security Act
22    by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
23    218(l)(1) of that Act.
24        A person who became employed as an investigator for the
25    Secretary of State between January 1, 1967 and December 31,
26    1975, and who has served as such until attainment of age

 

 

HB5095- 64 -LRB100 18537 RJF 33755 b

1    60, either continuously or with a single break in service
2    of not more than 3 years duration, which break terminated
3    before January 1, 1976, shall be entitled to have his
4    retirement annuity calculated in accordance with
5    subsection (a), notwithstanding that he has less than 20
6    years of credit for such service.
7        (6) The term "Conservation Police Officer" means any
8    person employed by the Division of Law Enforcement of the
9    Department of Natural Resources and vested with such law
10    enforcement duties as render him ineligible for coverage
11    under the Social Security Act by reason of Sections
12    218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of that Act. The
13    term "Conservation Police Officer" includes the positions
14    of Chief Conservation Police Administrator and Assistant
15    Conservation Police Administrator.
16        (7) The term "investigator for the Department of
17    Revenue" means any person employed by the Department of
18    Revenue and vested with such investigative duties as render
19    him ineligible for coverage under the Social Security Act
20    by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
21    218(l)(1) of that Act.
22        The term "investigator for the Illinois Gaming Board"
23    means any person employed as such by the Illinois Gaming
24    Board and vested with such peace officer duties as render
25    the person ineligible for coverage under the Social
26    Security Act by reason of Sections 218(d)(5)(A),

 

 

HB5095- 65 -LRB100 18537 RJF 33755 b

1    218(d)(8)(D), and 218(l)(1) of that Act.
2        (8) The term "security employee of the Department of
3    Human Services" means any person employed by the Department
4    of Human Services who (i) is employed at the Chester Mental
5    Health Center and has daily contact with the residents
6    thereof, (ii) is employed within a security unit at a
7    facility operated by the Department and has daily contact
8    with the residents of the security unit, (iii) is employed
9    at a facility operated by the Department that includes a
10    security unit and is regularly scheduled to work at least
11    50% of his or her working hours within that security unit,
12    or (iv) is a mental health police officer. "Mental health
13    police officer" means any person employed by the Department
14    of Human Services in a position pertaining to the
15    Department's mental health and developmental disabilities
16    functions who is vested with such law enforcement duties as
17    render the person ineligible for coverage under the Social
18    Security Act by reason of Sections 218(d)(5)(A),
19    218(d)(8)(D) and 218(l)(1) of that Act. "Security unit"
20    means that portion of a facility that is devoted to the
21    care, containment, and treatment of persons committed to
22    the Department of Human Services as sexually violent
23    persons, persons unfit to stand trial, or persons not
24    guilty by reason of insanity. With respect to past
25    employment, references to the Department of Human Services
26    include its predecessor, the Department of Mental Health

 

 

HB5095- 66 -LRB100 18537 RJF 33755 b

1    and Developmental Disabilities.
2        The changes made to this subdivision (c)(8) by Public
3    Act 92-14 apply to persons who retire on or after January
4    1, 2001, notwithstanding Section 1-103.1.
5        (9) "Central Management Services security police
6    officer" means any person employed by the Department of
7    Central Management Services who is vested with such law
8    enforcement duties as render him ineligible for coverage
9    under the Social Security Act by reason of Sections
10    218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
11        (10) For a member who first became an employee under
12    this Article before July 1, 2005, the term "security
13    employee of the Department of Corrections or the Department
14    of Juvenile Justice" means any employee of the Department
15    of Corrections or the Department of Juvenile Justice or the
16    former Department of Personnel, and any member or employee
17    of the Prisoner Review Board, who has daily contact with
18    inmates or youth by working within a correctional facility
19    or Juvenile facility operated by the Department of Juvenile
20    Justice or who is a parole officer or an employee who has
21    direct contact with committed persons in the performance of
22    his or her job duties. For a member who first becomes an
23    employee under this Article on or after July 1, 2005, the
24    term means an employee of the Department of Corrections or
25    the Department of Juvenile Justice who is any of the
26    following: (i) officially headquartered at a correctional

 

 

HB5095- 67 -LRB100 18537 RJF 33755 b

1    facility or Juvenile facility operated by the Department of
2    Juvenile Justice, (ii) a parole officer, (iii) a member of
3    the apprehension unit, (iv) a member of the intelligence
4    unit, (v) a member of the sort team, or (vi) an
5    investigator.
6        (11) The term "dangerous drugs investigator" means any
7    person who is employed as such by the Department of Human
8    Services.
9        (12) The term "investigator for the Department of State
10    Police" means a person employed by the Department of State
11    Police who is vested under Section 4 of the Narcotic
12    Control Division Abolition Act with such law enforcement
13    powers as render him ineligible for coverage under the
14    Social Security Act by reason of Sections 218(d)(5)(A),
15    218(d)(8)(D) and 218(l)(1) of that Act.
16        (13) "Investigator for the Office of the Attorney
17    General" means any person who is employed as such by the
18    Office of the Attorney General and is vested with such
19    investigative duties as render him ineligible for coverage
20    under the Social Security Act by reason of Sections
21    218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. For
22    the period before January 1, 1989, the term includes all
23    persons who were employed as investigators by the Office of
24    the Attorney General, without regard to social security
25    status.
26        (14) "Controlled substance inspector" means any person

 

 

HB5095- 68 -LRB100 18537 RJF 33755 b

1    who is employed as such by the Department of Professional
2    Regulation and is vested with such law enforcement duties
3    as render him ineligible for coverage under the Social
4    Security Act by reason of Sections 218(d)(5)(A),
5    218(d)(8)(D) and 218(l)(1) of that Act. The term
6    "controlled substance inspector" includes the Program
7    Executive of Enforcement and the Assistant Program
8    Executive of Enforcement.
9        (15) The term "investigator for the Office of the
10    State's Attorneys Appellate Prosecutor" means a person
11    employed in that capacity on a full time basis under the
12    authority of Section 7.06 of the State's Attorneys
13    Appellate Prosecutor's Act.
14        (16) "Commerce Commission police officer" means any
15    person employed by the Illinois Commerce Commission who is
16    vested with such law enforcement duties as render him
17    ineligible for coverage under the Social Security Act by
18    reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
19    218(l)(1) of that Act.
20        (17) "Arson investigator" means any person who is
21    employed as such by the Office of the State Fire Marshal
22    and is vested with such law enforcement duties as render
23    the person ineligible for coverage under the Social
24    Security Act by reason of Sections 218(d)(5)(A),
25    218(d)(8)(D), and 218(l)(1) of that Act. A person who was
26    employed as an arson investigator on January 1, 1995 and is

 

 

HB5095- 69 -LRB100 18537 RJF 33755 b

1    no longer in service but not yet receiving a retirement
2    annuity may convert his or her creditable service for
3    employment as an arson investigator into eligible
4    creditable service by paying to the System the difference
5    between the employee contributions actually paid for that
6    service and the amounts that would have been contributed if
7    the applicant were contributing at the rate applicable to
8    persons with the same social security status earning
9    eligible creditable service on the date of application.
10        (18) The term "State highway maintenance worker" means
11    a person who is either of the following:
12            (i) A person employed on a full-time basis by the
13        Illinois Department of Transportation in the position
14        of highway maintainer, highway maintenance lead
15        worker, highway maintenance lead/lead worker, heavy
16        construction equipment operator, power shovel
17        operator, or bridge mechanic; and whose principal
18        responsibility is to perform, on the roadway, the
19        actual maintenance necessary to keep the highways that
20        form a part of the State highway system in serviceable
21        condition for vehicular traffic.
22            (ii) A person employed on a full-time basis by the
23        Illinois State Toll Highway Authority in the position
24        of equipment operator/laborer H-4, equipment
25        operator/laborer H-6, welder H-4, welder H-6,
26        mechanical/electrical H-4, mechanical/electrical H-6,

 

 

HB5095- 70 -LRB100 18537 RJF 33755 b

1        water/sewer H-4, water/sewer H-6, sign maker/hanger
2        H-4, sign maker/hanger H-6, roadway lighting H-4,
3        roadway lighting H-6, structural H-4, structural H-6,
4        painter H-4, or painter H-6; and whose principal
5        responsibility is to perform, on the roadway, the
6        actual maintenance necessary to keep the Authority's
7        tollways in serviceable condition for vehicular
8        traffic.
9        (19) The term "security employee of the Department of
10    Innovation and Technology" means a person who was a
11    security employee of the Department of Corrections or the
12    Department of Juvenile Justice, was transferred to the
13    Department of Innovation and Technology pursuant to
14    Executive Order 2016-01, and continues to perform similar
15    job functions under that Department.
16    (d) A security employee of the Department of Corrections or
17the Department of Juvenile Justice, and a security employee of
18the Department of Human Services who is not a mental health
19police officer, and a security employee of the Department of
20Innovation and Technology shall not be eligible for the
21alternative retirement annuity provided by this Section unless
22he or she meets the following minimum age and service
23requirements at the time of retirement:
24        (i) 25 years of eligible creditable service and age 55;
25    or
26        (ii) beginning January 1, 1987, 25 years of eligible

 

 

HB5095- 71 -LRB100 18537 RJF 33755 b

1    creditable service and age 54, or 24 years of eligible
2    creditable service and age 55; or
3        (iii) beginning January 1, 1988, 25 years of eligible
4    creditable service and age 53, or 23 years of eligible
5    creditable service and age 55; or
6        (iv) beginning January 1, 1989, 25 years of eligible
7    creditable service and age 52, or 22 years of eligible
8    creditable service and age 55; or
9        (v) beginning January 1, 1990, 25 years of eligible
10    creditable service and age 51, or 21 years of eligible
11    creditable service and age 55; or
12        (vi) beginning January 1, 1991, 25 years of eligible
13    creditable service and age 50, or 20 years of eligible
14    creditable service and age 55.
15    Persons who have service credit under Article 16 of this
16Code for service as a security employee of the Department of
17Corrections or the Department of Juvenile Justice, or the
18Department of Human Services in a position requiring
19certification as a teacher may count such service toward
20establishing their eligibility under the service requirements
21of this Section; but such service may be used only for
22establishing such eligibility, and not for the purpose of
23increasing or calculating any benefit.
24    (e) If a member enters military service while working in a
25position in which eligible creditable service may be earned,
26and returns to State service in the same or another such

 

 

HB5095- 72 -LRB100 18537 RJF 33755 b

1position, and fulfills in all other respects the conditions
2prescribed in this Article for credit for military service,
3such military service shall be credited as eligible creditable
4service for the purposes of the retirement annuity prescribed
5in this Section.
6    (f) For purposes of calculating retirement annuities under
7this Section, periods of service rendered after December 31,
81968 and before October 1, 1975 as a covered employee in the
9position of special agent, conservation police officer, mental
10health police officer, or investigator for the Secretary of
11State, shall be deemed to have been service as a noncovered
12employee, provided that the employee pays to the System prior
13to retirement an amount equal to (1) the difference between the
14employee contributions that would have been required for such
15service as a noncovered employee, and the amount of employee
16contributions actually paid, plus (2) if payment is made after
17July 31, 1987, regular interest on the amount specified in item
18(1) from the date of service to the date of payment.
19    For purposes of calculating retirement annuities under
20this Section, periods of service rendered after December 31,
211968 and before January 1, 1982 as a covered employee in the
22position of investigator for the Department of Revenue shall be
23deemed to have been service as a noncovered employee, provided
24that the employee pays to the System prior to retirement an
25amount equal to (1) the difference between the employee
26contributions that would have been required for such service as

 

 

HB5095- 73 -LRB100 18537 RJF 33755 b

1a noncovered employee, and the amount of employee contributions
2actually paid, plus (2) if payment is made after January 1,
31990, regular interest on the amount specified in item (1) from
4the date of service to the date of payment.
5    (g) A State policeman may elect, not later than January 1,
61990, to establish eligible creditable service for up to 10
7years of his service as a policeman under Article 3, by filing
8a written election with the Board, accompanied by payment of an
9amount to be determined by the Board, equal to (i) the
10difference between the amount of employee and employer
11contributions transferred to the System under Section 3-110.5,
12and the amounts that would have been contributed had such
13contributions been made at the rates applicable to State
14policemen, plus (ii) interest thereon at the effective rate for
15each year, compounded annually, from the date of service to the
16date of payment.
17    Subject to the limitation in subsection (i), a State
18policeman may elect, not later than July 1, 1993, to establish
19eligible creditable service for up to 10 years of his service
20as a member of the County Police Department under Article 9, by
21filing a written election with the Board, accompanied by
22payment of an amount to be determined by the Board, equal to
23(i) the difference between the amount of employee and employer
24contributions transferred to the System under Section 9-121.10
25and the amounts that would have been contributed had those
26contributions been made at the rates applicable to State

 

 

HB5095- 74 -LRB100 18537 RJF 33755 b

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

 

 

HB5095- 75 -LRB100 18537 RJF 33755 b

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

 

 

HB5095- 76 -LRB100 18537 RJF 33755 b

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

 

 

HB5095- 77 -LRB100 18537 RJF 33755 b

1the difference between the amount of employee and employer
2contributions transferred to the System under Sections 7-139.8
3and 9-121.10 and the amounts that would have been contributed
4had such contributions been made at the rates applicable to
5State policemen, plus (ii) interest thereon at the actuarially
6assumed rate for each year, compounded annually, from the date
7of service to the date of payment.
8    (i) The total amount of eligible creditable service
9established by any person under subsections (g), (h), (j), (k),
10and (l) of this Section shall not exceed 12 years.
11    (j) Subject to the limitation in subsection (i), an
12investigator for the Office of the State's Attorneys Appellate
13Prosecutor or a controlled substance inspector may elect to
14establish eligible creditable service for up to 10 years of his
15service as a policeman under Article 3 or a sheriff's law
16enforcement employee under Article 7, by filing a written
17election with the Board, accompanied by payment of an amount to
18be determined by the Board, equal to (1) the difference between
19the amount of employee and employer contributions transferred
20to the System under Section 3-110.6 or 7-139.8, and the amounts
21that would have been contributed had such contributions been
22made at the rates applicable to State policemen, plus (2)
23interest thereon at the effective rate for each year,
24compounded annually, from the date of service to the date of
25payment.
26    (k) Subject to the limitation in subsection (i) of this

 

 

HB5095- 78 -LRB100 18537 RJF 33755 b

1Section, an alternative formula employee may elect to establish
2eligible creditable service for periods spent as a full-time
3law enforcement officer or full-time corrections officer
4employed by the federal government or by a state or local
5government located outside of Illinois, for which credit is not
6held in any other public employee pension fund or retirement
7system. To obtain this credit, the applicant must file a
8written application with the Board by March 31, 1998,
9accompanied by evidence of eligibility acceptable to the Board
10and payment of an amount to be determined by the Board, equal
11to (1) employee contributions for the credit being established,
12based upon the applicant's salary on the first day as an
13alternative formula employee after the employment for which
14credit is being established and the rates then applicable to
15alternative formula employees, plus (2) an amount determined by
16the Board to be the employer's normal cost of the benefits
17accrued for the credit being established, plus (3) regular
18interest on the amounts in items (1) and (2) from the first day
19as an alternative formula employee after the employment for
20which credit is being established to the date of payment.
21    (l) Subject to the limitation in subsection (i), a security
22employee of the Department of Corrections may elect, not later
23than July 1, 1998, to establish eligible creditable service for
24up to 10 years of his or her service as a policeman under
25Article 3, by filing a written election with the Board,
26accompanied by payment of an amount to be determined by the

 

 

HB5095- 79 -LRB100 18537 RJF 33755 b

1Board, equal to (i) the difference between the amount of
2employee and employer contributions transferred to the System
3under Section 3-110.5, and the amounts that would have been
4contributed had such contributions been made at the rates
5applicable to security employees of the Department of
6Corrections, plus (ii) interest thereon at the effective rate
7for each year, compounded annually, from the date of service to
8the date of payment.
9    (m) The amendatory changes to this Section made by this
10amendatory Act of the 94th General Assembly apply only to: (1)
11security employees of the Department of Juvenile Justice
12employed by the Department of Corrections before the effective
13date of this amendatory Act of the 94th General Assembly and
14transferred to the Department of Juvenile Justice by this
15amendatory Act of the 94th General Assembly; and (2) persons
16employed by the Department of Juvenile Justice on or after the
17effective date of this amendatory Act of the 94th General
18Assembly who are required by subsection (b) of Section 3-2.5-15
19of the Unified Code of Corrections to have any bachelor's or
20advanced degree from an accredited college or university or, in
21the case of persons who provide vocational training, who are
22required to have adequate knowledge in the skill for which they
23are providing the vocational training.
24    (n) A person employed in a position under subsection (b) of
25this Section who has purchased service credit under subsection
26(j) of Section 14-104 or subsection (b) of Section 14-105 in

 

 

HB5095- 80 -LRB100 18537 RJF 33755 b

1any other capacity under this Article may convert up to 5 years
2of that service credit into service credit covered under this
3Section by paying to the Fund an amount equal to (1) the
4additional employee contribution required under Section
514-133, plus (2) the additional employer contribution required
6under Section 14-131, plus (3) interest on items (1) and (2) at
7the actuarially assumed rate from the date of the service to
8the date of payment.
9(Source: P.A. 100-19, eff. 1-1-18.)
 
10    (40 ILCS 5/15-106)  (from Ch. 108 1/2, par. 15-106)
11    Sec. 15-106. Employer. "Employer": The University of
12Illinois, Southern Illinois University, Chicago State
13University, Eastern Illinois University, Governors State
14University, Illinois State University, Northeastern Illinois
15University, Northern Illinois University, Western Illinois
16University, the State Board of Higher Education, the Illinois
17Mathematics and Science Academy, the University Civil Service
18Merit Board, the Board of Trustees of the State Universities
19Retirement System, the Illinois Community College Board,
20community college boards, any association of community college
21boards organized under Section 3-55 of the Public Community
22College Act, the Board of Examiners established under the
23Illinois Public Accounting Act, and, only during the period for
24which employer contributions required under Section 15-155 are
25paid, the following organizations: the alumni associations,

 

 

HB5095- 81 -LRB100 18537 RJF 33755 b

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

 

 

HB5095- 82 -LRB100 18537 RJF 33755 b

1employed by the State Board of Higher Education in positions
2with the Illinois Century Network as of June 30, 2004 who
3remain continuously employed after that date by the Department
4of Central Management Services in positions with the Illinois
5Century Network, the Bureau of Communication and Computer
6Services, or, if applicable, any successor bureau or the
7Department of Innovation and Technology.
8    The cities of Champaign and Urbana shall be considered
9employers, but only during the period for which contributions
10are required to be made under subsection (b-1) of Section
1115-155 and only with respect to individuals described in
12subsection (h) of Section 15-107.
13(Source: P.A. 99-830, eff. 1-1-17; 99-897, eff. 1-1-17.)
 
14    Section 955. The Hydraulic Fracturing Regulatory Act is
15amended by changing Section 1-110 as follows:
 
16    (225 ILCS 732/1-110)
17    Sec. 1-110. Public information; website.
18    (a) All information submitted to the Department under this
19Act is deemed public information, except information deemed to
20constitute a trade secret under Section 1-77 of this Act and
21private information and personal information as defined in the
22Freedom of Information Act.
23    (b) To provide the public and concerned citizens with a
24centralized repository of information, the Department, in

 

 

HB5095- 83 -LRB100 18537 RJF 33755 b

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

 

 

HB5095- 84 -LRB100 18537 RJF 33755 b

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

 

 

HB5095- 85 -LRB100 18537 RJF 33755 b

1Department of Innovation and Technology, shall establish a
2secure website for the transmission of electronic transaction
3records and make it available free of charge to covered
4pharmacies.
5    (b) The secure website shall enable covered pharmacies to
6transmit to the Central Repository an electronic transaction
7record each time the pharmacy distributes a targeted
8methamphetamine precursor to a recipient.
9    (c) If the secure website becomes unavailable to a covered
10pharmacy, the covered pharmacy may, during the period in which
11the secure website is not available, continue to distribute
12targeted methamphetamine precursor without using the secure
13website if, during this period, the covered pharmacy maintains
14and transmits handwritten logs as described in Sections 20 and
1525 of the Methamphetamine Precursor Control Act.
16(Source: P.A. 97-670, eff. 1-19-12.)
 
17    Section 997. Severability. The provisions of this Act are
18severable under Section 1.31 of the Statute on Statutes.
 
19    Section 999. Effective date. This Act takes effect upon
20becoming law.

 

 

HB5095- 86 -LRB100 18537 RJF 33755 b

1 INDEX
2 Statutes amended in order of appearance
3    New Act
4    20 ILCS 5/5-10was 20 ILCS 5/2.1
5    20 ILCS 5/5-15was 20 ILCS 5/3
6    20 ILCS 5/5-20was 20 ILCS 5/4
7    20 ILCS 5/5-195 new
8    20 ILCS 5/5-357 new
9    20 ILCS 5/5-605was 20 ILCS 5/12
10    20 ILCS 405/405-10was 20 ILCS 405/35.3
11    20 ILCS 405/405-270was 20 ILCS 405/67.18
12    20 ILCS 405/405-410
13    20 ILCS 405/405-20 rep.
14    20 ILCS 405/405-250 rep.
15    20 ILCS 405/405-255 rep.
16    20 ILCS 405/405-260 rep.
17    20 ILCS 405/405-265 rep.
18    20 ILCS 605/605-680
19    20 ILCS 605/605-1007
20    20 ILCS 2905/2.5
21    20 ILCS 3921/5
22    20 ILCS 3921/7 new
23    20 ILCS 3921/10
24    20 ILCS 3921/15
25    20 ILCS 3921/20 rep.

 

 

HB5095- 87 -LRB100 18537 RJF 33755 b

1    30 ILCS 105/6p-1from Ch. 127, par. 142p1
2    30 ILCS 105/6p-2from Ch. 127, par. 142p2
3    30 ILCS 105/8.16afrom Ch. 127, par. 144.16a
4    30 ILCS 105/8.16bfrom Ch. 127, par. 144.16b
5    30 ILCS 500/20-60
6    30 ILCS 707/10
7    40 ILCS 5/1-160
8    40 ILCS 5/14-110from Ch. 108 1/2, par. 14-110
9    40 ILCS 5/15-106from Ch. 108 1/2, par. 15-106
10    225 ILCS 732/1-110
11    305 ILCS 5/12-10.10
12    720 ILCS 649/20