20 ILCS 1370/ Department of Innovation and Technology Act.

(20 ILCS 1370/Art. 1 heading) Article 1. Department of Innovation and Technology (Source: P.A. 100-611, eff. 7-20-18.)

(20 ILCS 1370/1-1)

Sec. 1-1. Short title. This Article may be cited as the Department of Innovation and Technology Act. References in this Article to "this Act" mean this Article.

(Source: P.A. 100-611, eff. 7-20-18.)

(20 ILCS 1370/1-3)

Sec. 1-3. Purpose. The Department of Innovation and Technology was created by Executive Order 2016-001. This Act is the implementation of that Executive Order, together with additional provisions to ensure that the Department is able to function as intended under that Executive Order. The intent of this Act is to ensure that the Department is able to fulfill its duties and purpose under that Executive Order. If there is a conflict between the provisions of the Executive Order and this Act, this Act shall be controlling.

(Source: P.A. 102-376, eff. 1-1-22.)

(20 ILCS 1370/1-5)

Sec. 1-5. Definitions. In this Act:

"Client agency" means each transferring agency, or its successor, and any other public agency to which the Department provides service to the extent specified in an interagency agreement with the public agency.

"Dedicated unit" means the dedicated bureau, division, office, or other unit within a transferring agency that is responsible for the information technology functions of the transferring agency.

"Department" means the Department of Innovation and Technology.

"Information technology" means technology, infrastructure, equipment, systems, software, networks, and processes used to create, send, receive, and store electronic or digital information, including, without limitation, computer systems and telecommunication services and systems. "Information technology" shall be construed broadly to incorporate future technologies that change or supplant those in effect as of the effective date of this Act.

"Information technology functions" means the development, procurement, installation, retention, maintenance, operation, possession, storage, and related functions of all information technology.

"Secretary" means the Secretary of Innovation and Technology.

"State agency" means each State agency, department, board, and commission under the jurisdiction of the Governor.

"Transferring agency" means the Department on Aging; the Departments of Agriculture, Central Management Services, Children and Family Services, Commerce and Economic Opportunity, Corrections, Employment Security, Financial and Professional Regulation, Healthcare and Family Services, Human Rights, Human Services, Insurance, Juvenile Justice, Labor, Lottery, Military Affairs, Natural Resources, Public Health, Revenue, Transportation, and Veterans' Affairs; the Illinois State Police; the Capital Development Board; the Deaf and Hard of Hearing Commission; the Environmental Protection Agency; the Governor's Office of Management and Budget; the Guardianship and Advocacy Commission; the Abraham Lincoln Presidential Library and Museum; the Illinois Arts Council; the Illinois Council on Developmental Disabilities; the Illinois Emergency Management Agency; the Illinois Gaming Board; the Illinois Liquor Control Commission; the Office of the State Fire Marshal; and the Prisoner Review Board.

(Source: P.A. 102-376, eff. 1-1-22; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 102-870, eff. 1-1-23.)

(20 ILCS 1370/1-10)

Sec. 1-10. Transfer of functions. On and after March 25, 2016 (the effective date of Executive Order 2016-001):

(a) (Blank).

(b) (Blank).

(c) The personnel of each transferring agency designated by the Governor are transferred to the Department. The status and rights of the employees and the State of Illinois or its transferring agencies under the Personnel Code, the Illinois Public Labor Relations Act, and applicable collective bargaining agreements or under any pension, retirement, or annuity plan shall not be affected by this Act. Under the direction of the Governor, the Secretary, in consultation with the transferring agencies and labor organizations representing the affected employees, shall identify each position and employee who is engaged in the performance of functions transferred to the Department, or engaged in the administration of a law the administration of which is transferred to the Department, to be transferred to the Department. An employee engaged primarily in providing administrative support for information technology functions may be considered engaged in the performance of functions transferred to the Department.

(d) All books, records, papers, documents, property (real and personal), contracts, causes of action, and pending business pertaining to the powers, duties, rights, and responsibilities relating to dedicated units and information technology functions transferred under this Act to the Department, including, but not limited to, material in electronic or magnetic format and necessary computer hardware and software, shall be transferred to the Department.

(e) All unexpended appropriations and balances and other funds available for use relating to dedicated units and information technology functions transferred under this Act shall be transferred for use by the Department at the direction of the Governor. Unexpended balances so transferred shall be expended only for the purpose for which the appropriations were originally made.

(f) The powers, duties, rights, and responsibilities relating to dedicated units and information technology functions transferred by this Act shall be vested in and shall be exercised by the Department.

(g) Whenever reports or notices are now required to be made or given or papers or documents furnished or served by any person to or upon each dedicated unit in connection with any of the powers, duties, rights, and responsibilities relating to information technology functions transferred by this Act, the same shall be made, given, furnished, or served in the same manner to or upon the Department.

(h) This Act does not affect any act done, ratified, or canceled or any right occurring or established or any action or proceeding had or commenced in an administrative, civil, or criminal cause by each dedicated unit relating to information technology functions before the transfer of responsibilities under this Act; such actions or proceedings may be prosecuted and continued by the Department.

(i) (Blank).

(j) (Blank).

(Source: P.A. 102-376, eff. 1-1-22.)

(20 ILCS 1370/1-15)

Sec. 1-15. Powers and duties.

(a) The head officer of the Department is the Secretary, who shall be the chief information officer for the State and the steward of State data with respect to those agencies under the jurisdiction of the Governor. The Secretary shall be appointed by the Governor, with the advice and consent of the Senate. The Department may employ or retain other persons to assist in the discharge of its functions, subject to the Personnel Code.

(b) The Department shall promote best-in-class innovation and technology to client agencies to foster collaboration among client agencies, empower client agencies to provide better service to residents of Illinois, and maximize the value of taxpayer resources. The Department shall be responsible for information technology functions on behalf of client agencies.

(c) The Department shall provide for and coordinate information technology for State agencies and, when requested and when in the best interests of the State, for State constitutional offices, units of federal or local governments, and public and not-for-profit institutions of primary, secondary, and higher education, or other parties not associated with State government. The Department shall establish charges for information technology for State agencies and, when requested, for State constitutional offices, units of federal or local government, and public and not-for-profit institutions of primary, secondary, or higher education and for use by other parties not associated with State government. Entities charged for these services shall make payment to the Department. The Department may instruct all State agencies to report their usage of information technology regularly to the Department in the manner the Secretary may prescribe.

(d) The Department shall develop and implement standards, policies, and procedures to protect the security and interoperability of State data with respect to those agencies under the jurisdiction of the Governor, including in particular data that are confidential, sensitive, or protected from disclosure by privacy or other laws, while recognizing and balancing the need for collaboration and public transparency.

(e) The Department shall be responsible for providing the Governor with timely, comprehensive, and meaningful information pertinent to the formulation and execution of fiscal policy. In performing this responsibility, the Department shall have the power to do the following:

(1) Control the procurement, retention, installation, maintenance, and operation, as specified by the Department, of information technology equipment used by client agencies in such a manner as to achieve maximum economy and provide appropriate assistance in the development of information suitable for management analysis.

(2) Establish principles and standards of information technology-related reporting by client agencies and priorities for completion of research by those agencies in accordance with the requirements for management analysis specified by the Department.

(3) Establish charges for information technology and related services requested by client agencies and rendered by the Department. The Department is likewise empowered to establish prices or charges for all information technology reports purchased by agencies and individuals not connected with State government.

(4) Instruct all client agencies to report regularly to the Department, in the manner the Department may prescribe, their usage of information technology, the cost incurred, the information produced, and the procedures followed in obtaining the information. All client agencies shall request from the Department assistance and consultation in securing any necessary information technology to support their requirements.

(5) Examine the accounts and information technology-related data of any organization, body, or agency receiving appropriations from the General Assembly, except for a State constitutional office, the Office of the Executive Inspector General, or any office of the legislative or judicial branches of State government. For a State constitutional office, the Office of the Executive Inspector General, or any office of the legislative or judicial branches of State government, the Department shall have the power to examine the accounts and information technology-related data of the State constitutional office, the Office of the Executive Inspector General, or any office of the legislative or judicial branches of State government when requested by those offices.

(6) Install and operate a modern information technology system using equipment adequate to satisfy the requirements for analysis and review as specified by the Department. Expenditures for information technology and related services rendered shall be reimbursed by the recipients. The reimbursement shall be determined by the Department as amounts sufficient to reimburse the Technology Management Revolving Fund for expenditures incurred in rendering the services.

(f) In addition to the other powers and duties listed in subsection (e), the Department shall analyze the present and future aims, needs, and requirements of information technology, research, and planning in order to provide for the formulation of overall policy relative to the use of information technology and related equipment by the State of Illinois. In making this analysis, the Department shall formulate a master plan for information technology, using information technology most advantageously, and advising whether information technology should be leased or purchased by the State. The Department shall prepare and submit interim reports of meaningful developments and proposals for legislation to the Governor on or before January 30 each year. The Department shall engage in a continuing analysis and evaluation of the master plan so developed, and it shall be the responsibility of the Department to recommend from time to time any needed amendments and modifications of any master plan enacted by the General Assembly.

(g) The Department may make information technology and the use of information technology available to units of local government, elected State officials, State educational institutions, the judicial branch, the legislative branch, and all other governmental units of the State requesting them. The Department shall establish prices and charges for the information technology so furnished and for the use of the information technology. The prices and charges shall be sufficient to reimburse the cost of furnishing the services and use of information technology.

(h) The Department may establish standards to provide consistency in the operation and use of information technology.

(i) The Department may adopt rules under the Illinois Administrative Procedure Act necessary to carry out its responsibilities under this Act.

(Source: P.A. 102-376, eff. 1-1-22.)

(20 ILCS 1370/1-16)

Sec. 1-16. Personnel. The Governor may, with the advice and consent of the Senate, appoint a person within the Department to serve as the Deputy Secretary. The Deputy Secretary shall receive an annual salary as set by the Governor and shall be paid out of appropriations to the Department. The Deputy Secretary shall not be subject to the Personnel Code. The duties of the Deputy Secretary shall include the coordination of the State's digital modernization and other duties as assigned by the Secretary.

(Source: P.A. 103-8, eff. 6-7-23.)

(20 ILCS 1370/1-20)

Sec. 1-20. (Repealed).

(Source: P.A. 100-611, eff. 7-20-18. Repealed by P.A. 102-376, eff. 1-1-22.)

(20 ILCS 1370/1-25)

Sec. 1-25. Charges for services; non-State funding. The Department may establish charges for services rendered by the Department to client agencies from funds provided directly to the client agency by appropriation or otherwise. In establishing charges, the Department shall consult with client agencies to make charges transparent and clear and seek to minimize or avoid charges for costs for which the Department has other funding sources available.

Client agencies shall continue to apply for and otherwise seek federal funds and other capital and operational resources for technology for which the agencies are eligible and, subject to compliance with applicable laws, regulations, and grant terms, make those funds available for use by the Department.

(Source: P.A. 102-870, eff. 1-1-23.)

(20 ILCS 1370/1-30)

Sec. 1-30. (Repealed).

(Source: P.A. 100-611, eff. 7-20-18; 100-1169, eff. 1-4-19. Repealed by P.A. 102-376, eff. 1-1-22.)

(20 ILCS 1370/1-35)

Sec. 1-35. Communications services.

(a) (Blank).

(b) The Department shall provide for and coordinate communications services for State agencies and, when requested and when in the best interests of the State, for units of federal or local governments and public and not-for-profit institutions of primary, secondary, and higher education. The Department may make use of, or support or provide any information technology-related communications equipment or services necessary and available to support the needs of interested parties not associated with State government provided that State government usage shall have first priority. For this purpose the Department shall have the power to do all of the following:

(1) Provide for and control the procurement, retention, installation, and maintenance of communications equipment or services used by State agencies in the interest of efficiency and economy.

(2) Review existing standards and, where appropriate, propose to establish new or modified standards for State agencies which shall include a minimum of one telecommunication device for the deaf installed and operational within each State agency, to provide public access to agency information for those persons who are hearing or speech impaired. The Department shall consult the Department of Human Services to develop standards and implementation for this equipment.

(3) Establish charges for information technology for State agencies and, when requested, for units of federal or local government and public and not-for-profit institutions of primary, secondary, or higher education. Entities charged for these services shall pay the Department.

(4) Instruct all State agencies to report their usage of communication services regularly to the Department in the manner the Department may prescribe.

(5) Analyze the present and future aims and needs of all State agencies in the area of communications services and plan to serve those aims and needs in the most effective and efficient manner.

(6) Provide telecommunications and other communications services.

(7) Establish the administrative organization within the Department that is required to accomplish the purpose of this Section.

This subsection (b) does not apply to the procurement of Next Generation 9-1-1 service as governed by Section 15.6b of the Emergency Telephone System Act.

(Source: P.A. 101-81, eff. 7-12-19; 102-376, eff. 1-1-22; 102-870, eff. 1-1-23.)

(20 ILCS 1370/1-40)

Sec. 1-40. Bulk long distance telephone services for military personnel in military service.

(a) As used in this Section only:

"Immediate family" means a service member's spouse residing in the service member's household, brothers and sisters of the whole or of the half blood, children, including adopted children and stepchildren, parents, and grandparents.

"Military service" means any full-time training or duty, no matter how described under federal or State law, for which a service member is ordered to report by the President, Governor of a state, commonwealth, or territory of the United States, or other appropriate military authority.

"Service member" means a resident of Illinois who is a member of any component of the United States Armed Forces or the National Guard of any state, the District of Columbia, a commonwealth, or a territory of the United States.

(b) The Department may enter into a contract to purchase bulk long distance telephone services and make them available at cost, or may make bulk long distance telephone services available at cost under any existing contract the Department has entered into, to immediate family of service members that have entered military service so that immediate family can communicate with the service members. If the Department enters into a contract under this Section, it shall do so in accordance with the Illinois Procurement Code and in a nondiscriminatory manner that does not place any potential vendor at a competitive disadvantage.

(c) In order to be eligible to use bulk long distance telephone services purchased by the Department under this Section, a service member or immediate family must provide the Department with a copy of the orders calling the service member to military service in excess of 29 consecutive days and of any orders further extending the service member's period of military service.

(d) If the Department enters into a contract under this Section, the Department shall adopt rules as necessary to implement this Section.

(Source: P.A. 102-376, eff. 1-1-22.)

(20 ILCS 1370/1-45)

Sec. 1-45. Grants for distance learning services. The Department may award grants to public community colleges and educational service centers for development and implementation of telecommunications systems that provide distance learning services.

(Source: P.A. 100-611, eff. 7-20-18; 101-81, eff. 7-12-19.)

(20 ILCS 1370/1-46)

Sec. 1-46. Persons committed to Department of Corrections institutions and facilities; access to job and career building websites. The Secretary and the Director of Corrections shall jointly adopt a rule or best practices protocol that permits each committed person in a Department of Corrections institution or facility to access specific and approved job search and career building websites within a specified period before the person's release from the Department of Corrections institution or facility and to access only those job search and career building websites.

(Source: P.A. 101-397, eff. 1-1-20.)

(20 ILCS 1370/1-50)

Sec. 1-50. (Repealed).

(Source: P.A. 100-611, eff. 7-20-18. Repealed by P.A. 102-376, eff. 1-1-22.)

(20 ILCS 1370/1-55)

Sec. 1-55. (Repealed).

(Source: P.A. 100-611, eff. 7-20-18. Repealed by P.A. 102-376, eff. 1-1-22.)

(20 ILCS 1370/1-60)

Sec. 1-60. (Repealed).

(Source: P.A. 100-611, eff. 7-20-18. Repealed by P.A. 102-376, eff. 1-1-22.)

(20 ILCS 1370/1-65)

Sec. 1-65. Authority to receive financial and in-kind assistance. The Department may receive federal financial assistance, either directly from the federal government or indirectly through another source, public or private. The Department may also receive transfers, gifts, grants, or donations from any source, public or private, in the form of funds, services, equipment, supplies, or materials. Any funds received pursuant to this Section shall be deposited in the DoIT Special Projects Fund unless deposit in a different fund is otherwise mandated, and shall be used in accordance with the requirements of the federal financial assistance, gift, grant, or donation for purposes related to information technology within the powers and duties of the Department.

(Source: P.A. 102-16, eff. 6-17-21.)

(20 ILCS 1370/1-75)

Sec. 1-75. Local government cybersecurity designee. The principal executive officer, or his or her designee, of each municipality with a population of 35,000 or greater and of each county shall designate a local official or employee as the primary point of contact for local cybersecurity issues. Each jurisdiction must provide the name and contact information of the cybersecurity designee to the Department and update the information as necessary.

(Source: P.A. 102-753, eff. 1-1-23.)

(20 ILCS 1370/1-80)

Sec. 1-80. Generative AI and Natural Language Processing Task Force.

(a) As used in this Section, "Task Force" means the Generative AI and Natural Language Processing Task Force established by this Section.

(b) The Department shall establish the Generative AI and Natural Language Processing Task Force. The Task Force shall investigate and provide a report on generative artificial intelligence software and natural language processing software.

(c) The Task Force shall be composed of all of the following members:

(1) One member appointed by the Speaker of the House of Representatives, who shall serve as a co-chairperson.

(2) One member appointed by the Minority Leader of the House of Representatives.

(3) One member appointed by the President of the Senate, who shall serve as a co-chairperson.

(4) One member appointed by the Minority Leader of the Senate.

(5) The Secretary of the Department of Innovation and Technology or his or her designee.

(6) The State Superintendent of Education or his or her designee.

(7) The Executive Director of the Illinois Community College Board or his or her designee.

(8) The Executive Director of the Board of Higher Education or his or her designee.

(9) Two teachers recommended by a statewide association representing teachers, appointed by the Governor.

(10) Two principals recommended by a statewide principals association, appointed by the Governor.

(11) Two experts on cybersecurity, appointed by the Governor.

(12) Two experts on artificial intelligence, appointed by the Governor.

(13) Two members of statewide business associations, appointed by the Governor.

(14) The Statewide Chief Information Security Officer or his or her designee.

(15) Two members of statewide labor associations, appointed by the Governor.

(16) The Attorney General or his or her designee.

(d) The Task Force shall hold at least 5 public meetings in a hybrid format, with both virtual and in-person options to attend. Of those required 5 meetings, one shall be held in each of the following locations:

(1) Chicago;

(2) Springfield;

(3) the Metro East region;

(4) the Quad Cities region; and

(5) Southern Illinois.

(e) The responsibilities of the Task Force shall include all of the following:

(1) recommending legislation or regulations to protect consumer information as it relates to generative artificial intelligence;

(2) recommending model policies for schools to address the use of generative artificial intelligence by students in the classroom;

(3) assessing the use of generative artificial intelligence to improve delivery of public services;

(5) protecting civil rights and civil liberties of individuals and consumers as it relates to generative artificial intelligence;

(6) assessing the use of generative artificial intelligence in the workforce and how this could affect employment levels, types of employment, and the deployment of workers;

(7) assessing the challenges of generative artificial intelligence for cybersecurity; and

(8) other topics related to generative artificial intelligence software and natural language processing software that may arise from testimony or reports to the Task Force submitted by its members or the public.

(f) The Department shall provide administrative and technical support to the Task Force.

(g) The Task Force shall file a report by December 31, 2024 with the Governor and the General Assembly covering the Task Force's investigation into generative artificial intelligence software and natural language processing software and the Task Force's responsibilities under subsection (e).

(Source: P.A. 103-451, eff. 8-4-23.)

(20 ILCS 1370/1-905)

Sec. 1-905. (Amendatory provisions; text omitted).

(Source: P.A. 100-611, eff. 7-20-18; text omitted.)

(20 ILCS 1370/1-910)

Sec. 1-910. (Amendatory provisions; text omitted).

(Source: P.A. 100-611, eff. 7-20-18; text omitted.)

(20 ILCS 1370/1-915)

Sec. 1-915. The Department of Central Management Services Law of the Civil Administrative Code of Illinois is amended by repealing Sections 405-20, 405-250, 405-255, 405-260, and 405-265.

(Source: P.A. 100-611, eff. 7-20-18.)

(20 ILCS 1370/1-920)

Sec. 1-920. (Amendatory provisions; text omitted).

(Source: P.A. 100-611, eff. 7-20-18; text omitted.)

(20 ILCS 1370/1-925)

Sec. 1-925. (Amendatory provisions; text omitted).

(Source: P.A. 100-611, eff. 7-20-18; text omitted.)

(20 ILCS 1370/1-930)

Sec. 1-930. (Amendatory provisions; text omitted).

(Source: P.A. 100-611, eff. 7-20-18; text omitted.)

(20 ILCS 1370/1-935)

Sec. 1-935. (Amendatory provisions; text omitted).

(Source: P.A. 100-611, eff. 7-20-18; text omitted.)

(20 ILCS 1370/1-937)

Sec. 1-937. The Illinois Century Network Act is amended by repealing Section 20.

(Source: P.A. 100-611, eff. 7-20-18.)

(20 ILCS 1370/1-940)

Sec. 1-940. (Amendatory provisions; text omitted).

(Source: P.A. 100-611, eff. 7-20-18; text omitted.)

(20 ILCS 1370/1-943)

Sec. 1-943. (Amendatory provisions; text omitted).

(Source: P.A. 100-611, eff. 7-20-18; text omitted.)

(20 ILCS 1370/1-945)

Sec. 1-945. (Amendatory provisions; text omitted).

(Source: P.A. 100-611, eff. 7-20-18; text omitted.)

(20 ILCS 1370/1-950)

Sec. 1-950. (Amendatory provisions; text omitted).

(Source: P.A. 100-611, eff. 7-20-18; text omitted.)

(20 ILCS 1370/1-955)

Sec. 1-955. (Amendatory provisions; text omitted).

(Source: P.A. 100-611, eff. 7-20-18; text omitted.)

(20 ILCS 1370/1-960)

Sec. 1-960. (Amendatory provisions; text omitted).

(Source: P.A. 100-611, eff. 7-20-18; text omitted.)

(20 ILCS 1370/1-965)

Sec. 1-965. (Amendatory provisions; text omitted).

(Source: P.A. 100-611, eff. 7-20-18; text omitted.)