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

HB5611ham002 100TH GENERAL ASSEMBLY

Rep. Jaime M. Andrade, Jr.

Filed: 3/30/2018

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 5611

2    AMENDMENT NO. ______. Amend House Bill 5611 by replacing
3everything after the enacting clause with the following:
 
4
"Article 1. Department of Innovation and Technology

 
5    Section 1-1. Short title. This Article may be cited as the
6Department of Innovation and Technology Act. References in this
7Article to "this Act" mean this Article.
 
8    Section 1-5. Definitions. In this Act:
9    "Bureau of Communications and Computer Services" means the
10Bureau of Communications and Computer Services, also known as
11the Bureau of Information and Communication Services, created
12by rule (2 Illinois Administrative Code 750.40) within the
13Department of Central Management Services.
14    "Client agency" means each transferring agency, or its
15successor. "Client agency" also includes each other public

 

 

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

 

 

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1    "Information Technology Office" means the Information
2Technology Office, also known as the Office of the Chief
3Information Officer, within the Office of the Governor, created
4by Executive Order 1999-05, or its successor.
5    "Legacy information technology division" means any
6division, bureau, or other unit of a transferring agency which
7has responsibility for information technology functions for
8the agency prior to the transfer of those functions to the
9Department, including, without limitation, the Bureau of
10Communications and Computer Services.
11    "Secretary" means the Secretary of Innovation and
12Technology.
13    "State agency" means each State agency, department, board,
14and commission directly responsible to the Governor.
15    "Transferring agency" means the Department on Aging; the
16Departments of Agriculture, Central Management Services,
17Children and Family Services, Commerce and Economic
18Opportunity, Corrections, Employment Security, Financial and
19Professional Regulation, Healthcare and Family Services, Human
20Rights, Human Services, Insurance, Juvenile Justice, Labor,
21Lottery, Military Affairs, Natural Resources, Public Health,
22Revenue, State Police, Transportation, and Veterans' Affairs;
23the Capital Development Board; the Deaf and Hard of Hearing
24Commission; the Environmental Protection Agency; the
25Governor's Office of Management and Budget; the Guardianship
26and Advocacy Commission; the Historic Preservation Agency; the

 

 

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1Illinois Arts Council; the Illinois Council on Developmental
2Disabilities; the Illinois Emergency Management Agency; the
3Illinois Gaming Board; the Illinois Health Information
4Exchange Authority; the Illinois Liquor Control Commission;
5the Illinois Student Assistance Commission; the Illinois
6Technology Office; the Office of the State Fire Marshal; and
7the Prisoner Review Board.
 
8    Section 1-10. Transfer of functions. On and after March 25,
92016 (the effective date of Executive Order 2016-001):
10    (a) For each transferring agency, the dedicated unit or
11units within that agency responsible for information
12technology functions together with those information
13technology functions outside of the dedicated unit or units
14within a transferring agency to which this Act applies shall be
15designated by the Governor.
16    (b) All powers, duties, rights, and responsibilities of
17those dedicated units and information technology functions
18designated by the Governor are transferred to the Department of
19Innovation and Technology.
20    (c) The personnel of each transferring agency designated by
21the Governor are transferred to the Department of Innovation
22and Technology. The status and rights of the employees and the
23State of Illinois or its transferring agencies under the
24Personnel Code, the Illinois Public Labor Relations Act, and
25applicable collective bargaining agreements or under any

 

 

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1pension, retirement, or annuity plan shall not be affected by
2this Act. Under the direction of the Governor, the Secretary,
3in consultation with the transferring agencies and labor
4organizations representing the affected employees, shall
5identify each position and employee who is engaged in the
6performance of functions transferred to the Department, or
7engaged in the administration of a law the administration of
8which is transferred to the Department, to be transferred to
9the Department. An employee engaged primarily in providing
10administrative support to a legacy information technology
11division or information technology personnel may be considered
12engaged in the performance of functions transferred to the
13Department.
14    (d) All books, records, papers, documents, property (real
15and personal), contracts, causes of action, and pending
16business pertaining to the powers, duties, rights, and
17responsibilities relating to dedicated units and information
18technology functions transferred under this Act to the
19Department of Innovation and Technology, including, but not
20limited to, material in electronic or magnetic format and
21necessary computer hardware and software, shall be transferred
22to the Department of Innovation and Technology.
23    (e) All unexpended appropriations and balances and other
24funds available for use relating to dedicated units and
25information technology functions transferred under this Act
26shall be transferred for use by the Department of Innovation

 

 

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1and Technology at the direction of the Governor. Unexpended
2balances so transferred shall be expended only for the purpose
3for which the appropriations were originally made.
4    (f) The powers, duties, rights, and responsibilities
5relating to dedicated units and information technology
6functions transferred by this Act shall be vested in and shall
7be exercised by the Department of Innovation and Technology.
8    (g) Whenever reports or notices are now required to be made
9or given or papers or documents furnished or served by any
10person to or upon each dedicated unit in connection with any of
11the powers, duties, rights, and responsibilities relating to
12information technology functions transferred by this Act, the
13same shall be made, given, furnished, or served in the same
14manner to or upon the Department of Innovation and Technology.
15    (h) This Act does not affect any act done, ratified, or
16canceled or any right occurring or established or any action or
17proceeding had or commenced in an administrative, civil, or
18criminal cause by each dedicated unit relating to information
19technology functions before the transfer of responsibilities
20under this Act; such actions or proceedings may be prosecuted
21and continued by the Department of Innovation and Technology.
22    (i) Any rules of a dedicated unit or a transferring agency
23that relate to the powers, duties, rights, and responsibilities
24relating to the dedicated unit or to information technology
25functions and are in full force on the effective date of this
26Act shall become the rules of the Department of Innovation and

 

 

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1Technology. This Act does not affect the legality of any such
2rules in the Illinois Administrative Code.
3    (j) Any proposed rules filed with the Secretary of State by
4the dedicated unit or the transferring agency that are pending
5in the rulemaking process on March 25, 2016 (the effective date
6of Executive Order 2016-001) and that pertain to the powers,
7duties, rights, and responsibilities of the dedicated unit or
8the information technology functions transferred, shall be
9deemed to have been filed by the Department of Innovation and
10Technology. As soon as practicable, the Department of
11Innovation and Technology shall revise and clarify the rules
12transferred to it under this Act to reflect the reorganization
13of powers, duties, rights, and responsibilities relating to
14information technology functions affected by this Act, using
15the procedures for recodification of rules available under the
16Illinois Administrative Procedure Act, except that existing
17title, part, and section numbering for the affected rules may
18be retained. The Department of Innovation and Technology may
19propose and adopt under the Illinois Administrative Procedure
20Act such other rules of each dedicated unit or transferring
21agency that will now be administered by the Department of
22Innovation and Technology.
 
23    Section 1-15. Powers and duties. The Department shall
24promote best-in-class innovation and technology to client
25agencies to foster collaboration among client agencies,

 

 

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1empower client agencies to provide better service to residents
2of Illinois, and maximize the value of taxpayer resources. The
3Department shall be responsible for information technology
4functions on behalf of client agencies.
5    The Department shall provide for and coordinate
6information technology for State agencies and, when requested
7and when in the best interests of the State, for State
8constitutional offices, units of federal or local governments,
9and public and not-for-profit institutions of primary,
10secondary, and higher education, or other parties not
11associated with State government. The Department shall
12establish charges for information technology for State
13agencies and, when requested, for State constitutional
14offices, units of federal or local government, and public and
15not-for-profit institutions of primary, secondary, or higher
16education and for use by other parties not associated with
17State government. Entities charged for these services shall
18make payment to the Department. The Department may instruct all
19State agencies to report their usage of information technology
20regularly to the Department in the manner the Secretary may
21prescribe.
22    The Department and each public agency shall continue to
23have all authority provided to them under the Intergovernmental
24Cooperation Act and other applicable law to enter into
25interagency contracts. The Department may enter into contracts
26to use personnel and other resources that are retained by

 

 

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1client agencies or other public agencies, to provide services
2to public agencies within the State, and for other appropriate
3purposes to accomplish the Department's mission.
 
4    Section 1-20. Security and interoperability. The
5Department shall develop and implement standards, policies,
6and procedures to protect the security and interoperability of
7State data with respect to those agencies under the
8jurisdiction of the Governor, including in particular data that
9are confidential, sensitive, or protected from disclosure by
10privacy or other laws, while recognizing and balancing the need
11for collaboration and public transparency. The Department
12shall comply with applicable federal and State laws pertaining
13to information technology, data, and records of the Department
14and the client agencies, including, without limitation, the
15Freedom of Information Act, the State Records Act, the Personal
16Information Protection Act, the federal Health Insurance
17Portability and Accountability Act, the federal Health
18Information Technology for Economic and Clinical Health Act,
19and the federal Gramm-Leach-Bliley Act.
 
20    Section 1-25. Charges for services; non-State funding. The
21Department may establish charges for services rendered by the
22Department to client agencies from funds provided directly to
23the client agency by appropriation or otherwise. In
24establishing charges, the Department shall consult with client

 

 

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1agencies to make charges transparent and clear and seek to
2minimize or avoid charges for costs for which the Department
3has other funding sources available.
4    Client agencies shall continue to apply for and otherwise
5seek federal funds and other capital and operational resources
6for technology for which the agencies are eligible and, subject
7to compliance with applicable laws, regulations, and grant
8terms, make those funds available for use by the Department.
9The Department shall assist client agencies in identifying
10funding opportunities and, if funds are used by the Department,
11ensuring compliance with all applicable laws, regulations, and
12grant terms.
 
13    Section 1-30. Information technology.
14    (a) The Secretary shall be the Chief Information Officer
15for the State and the steward of State data with respect to
16those agencies under the jurisdiction of the Governor. It shall
17be the duty of the Department and the policy of the State of
18Illinois to manage or delegate the management of the
19procurement, retention, installation, maintenance, and
20operation of all information technology used by client
21agencies, so as to achieve maximum economy consistent with
22development of appropriate and timely information in a form
23suitable for management analysis, in a manner that provides for
24adequate security protection and back-up facilities for that
25equipment, the establishment of bonding requirements, and a

 

 

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

 

 

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1        (4) Instruct all client agencies to report regularly to
2    the Department, in the manner the Department may prescribe,
3    their usage of information technology, the cost incurred,
4    the information produced, and the procedures followed in
5    obtaining the information. All client agencies shall
6    request from the Department assistance and consultation in
7    securing any necessary information technology to support
8    their requirements.
9        (5) Examine the accounts and information
10    technology-related data of any organization, body, or
11    agency receiving appropriations from the General Assembly,
12    except for a State constitutional office. For a State
13    constitutional office, the Department shall have the power
14    to examine the accounts and information technology-related
15    data of the State constitutional office when requested by
16    that office.
17        (6) Install and operate a modern information
18    technology system utilizing equipment adequate to satisfy
19    the requirements for analysis and review as specified by
20    the Department. Expenditures for information technology
21    and related services rendered shall be reimbursed by the
22    recipients. The reimbursement shall be determined by the
23    Department as amounts sufficient to reimburse the
24    Technology Management Revolving Fund for expenditures
25    incurred in rendering the services.
26    (c) In addition to the other powers and duties listed in

 

 

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

 

 

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1use of information technology.
2    (e) The Department may establish standards to provide
3consistency in the operation and use of information technology.
 
4    Section 1-35. Communications.
5    (a) The Department shall develop and implement a
6comprehensive plan to coordinate or centralize communications
7among State agencies with offices at different locations. The
8plan shall be updated based on a continuing study of
9communications problems of State government and shall include
10any information technology related equipment or service used
11for communication purposes including digital, analog, or
12future transmission medium, whether for voice, data, or any
13combination thereof. The plan shall take into consideration
14systems that might effect economies, including, but not limited
15to, quantity discount services and may include provision of
16telecommunications service to local and federal government
17entities located within this State if State interests can be
18served by so doing.
19    (b) The Department shall provide for and coordinate
20communications services for State agencies and, when requested
21and when in the best interests of the State, for units of
22federal or local governments and public and not-for-profit
23institutions of primary, secondary, and higher education. The
24Department may make use of, or support or provide any
25information technology related communications equipment or

 

 

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1services necessary and available to support the needs of
2interested parties not associated with State government
3provided that State government usage shall have first priority.
4For this purpose the Department shall have the power to do all
5of the following:
6        (1) Provide for and control the procurement,
7    retention, installation, and maintenance of communications
8    equipment or services used by State agencies in the
9    interest of efficiency and economy.
10        (2) Review existing standards and, where appropriate,
11    propose to establish new or modified standards for State
12    agencies which shall include a minimum of one
13    telecommunication device for the deaf installed and
14    operational within each State agency, to provide public
15    access to agency information for those persons who are
16    hearing or speech impaired. The Department shall consult
17    the Department of Human Services to develop standards and
18    implementation for this equipment.
19        (3) Establish charges for information technology for
20    State agencies and, when requested, for units of federal or
21    local government and public and not-for-profit
22    institutions of primary, secondary, or higher education.
23    Entities charged for these services shall pay the
24    Department.
25        (4) Instruct all State agencies to report their usage
26    of communication services regularly to the Department in

 

 

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1    the manner the Department may prescribe.
2        (5) Analyze the present and future aims and needs of
3    all State agencies in the area of communications services
4    and plan to serve those aims and needs in the most
5    effective and efficient manner.
6        (6) Provide telecommunications and other
7    communications services.
8        (7) Establish the administrative organization within
9    the Department that is required to accomplish the purpose
10    of this Section.
11    As used in this subsection (b) only, "State agencies" means
12all departments, officers, commissions, boards, institutions,
13and bodies politic and corporate of the State except (i) the
14judicial branch, including, without limitation, the several
15courts of the State, the offices of the clerk of the supreme
16court and the clerks of the appellate court, and the
17Administrative Office of the Illinois Courts, (ii) State
18constitutional offices, and (iii) the General Assembly,
19legislative service agencies, and all officers of the General
20Assembly.
21    This subsection (b) does not apply to the procurement of
22Next Generation 9-1-1 service as governed by Section 15.6b of
23the Emergency Telephone System Act.
 
24    Section 1-40. Bulk long distance telephone services for
25military personnel in military service.

 

 

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

 

 

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1    (c) In order to be eligible to use bulk long distance
2telephone services purchased by the Department under this
3Section, a service member or person in the service member's
4immediate family must provide the Department with a copy of the
5orders calling the service member to military service in excess
6of 29 consecutive days and of any orders further extending the
7service member's period of military service.
8    (d) If the Department enters into a contract under this
9Section, the Department shall adopt rules as necessary to
10implement this Section.
 
11    Section 1-45. Grants for distance learning services. The
12Department may award grants to public community colleges and
13education service centers for development and implementation
14of telecommunications systems that provide distance learning
15services.
 
16    Section 1-50. Rulemaking. The Department may adopt rules
17under the Illinois Administrative Procedure Act necessary to
18carry out its responsibilities under this Act.
 
19    Section 1-55. Executive Orders.
20    (a) Executive Order 2016-001. The Department of Innovation
21and Technology was created by Executive Order 2016-001. This
22Act is the implementation of that Executive Order, together
23with additional provisions to ensure that the Department of

 

 

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1Innovation and Technology is able to function as intended under
2that Executive Order. The intent of this Act is to ensure that
3the Department is able to fulfill its duties and purpose under
4that Executive Order. In the event of a conflict between the
5provisions of the Executive Order and this Act, this Act shall
6be controlling.
7    (b) Executive Order 1999-05. The Information Technology
8Office, also known as the Office of the Chief Information
9Officer, was created by Executive Order 1999-05. That Executive
10Order is superseded by this Act.
 
11    Section 1-60. Construction.
12    (a) Notwithstanding any provision of law to the contrary,
13on and after the effective date of this Act, references to
14"Bureau of Communications and Computer Services", "Bureau of
15Information and Communication Services", "Information
16Technology Office", or "Office of the Chief Information
17Officer" shall be construed as references to the Department of
18Innovation and Technology.
19    (b) Notwithstanding any provision of law to the contrary,
20on and after the effective date of this Act, references to
21"Chief Information Officer of the State" shall be construed as
22references to the Secretary of Innovation and Technology.
 
23    Section 1-905. The Civil Administrative Code of Illinois is
24amended by changing Sections 5-10, 5-15, 5-20, and 5-605 and by

 

 

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1adding Sections 5-195 and 5-357 as follows:
 
2    (20 ILCS 5/5-10)  (was 20 ILCS 5/2.1)
3    Sec. 5-10. "Director". As used in the Civil Administrative
4Code of Illinois, unless the context clearly indicates
5otherwise, the word "director" means the several directors of
6the departments of State government as designated in Section
75-20 of this Law and includes the Secretary of Financial and
8Professional Regulation, the Secretary of Innovation and
9Technology, the Secretary of Human Services, and the Secretary
10of Transportation.
11(Source: P.A. 91-239, eff. 1-1-00.)
 
12    (20 ILCS 5/5-15)  (was 20 ILCS 5/3)
13    Sec. 5-15. Departments of State government. The
14Departments of State government are created as follows:
15    The Department on Aging.
16    The Department of Agriculture.
17    The Department of Central Management Services.
18    The Department of Children and Family Services.
19    The Department of Commerce and Economic Opportunity.
20    The Department of Corrections.
21    The Department of Employment Security.
22    The Illinois Emergency Management Agency.
23    The Department of Financial and Professional Regulation.
24    The Department of Healthcare and Family Services.

 

 

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

 

 

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

 

 

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1Natural Resources.
2    Director of Public Health, for the Department of Public
3Health.
4    Director of Revenue, for the Department of Revenue.
5    Director of State Police, for the Department of State
6Police.
7    Secretary of Transportation, for the Department of
8Transportation.
9    Director of Veterans' Affairs, for the Department of
10Veterans' Affairs.
11(Source: P.A. 97-464, eff. 10-15-11; 97-618, eff. 10-26-11;
1297-813, eff. 7-13-12; 98-499, eff. 8-16-13.)
 
13    (20 ILCS 5/5-195 new)
14    Sec. 5-195. In the Department of Innovation and Technology.
15Assistant Secretary of Innovation and Technology.
 
16    (20 ILCS 5/5-357 new)
17    Sec. 5-357. In the Department of Innovation and Technology.
18The Secretary of Innovation and Technology and the Assistant
19Secretary of Innovation and Technology shall each receive an
20annual salary as set by law.
 
21    (20 ILCS 5/5-605)  (was 20 ILCS 5/12)
22    Sec. 5-605. Appointment of officers. Each officer whose
23office is created by the Civil Administrative Code of Illinois

 

 

10000HB5611ham002- 24 -LRB100 20507 RJF 37875 a

1or by any amendment to the Code shall be appointed by the
2Governor, by and with the advice and consent of the Senate. In
3case of vacancies in those offices during the recess of the
4Senate, the Governor shall make a temporary appointment until
5the next meeting of the Senate, when the Governor shall
6nominate some person to fill the office, and any person so
7nominated who is confirmed by the Senate shall hold office
8during the remainder of the term and until his or her successor
9is appointed and qualified. If the Senate is not in session at
10the time the Code or any amendments to the Code take effect,
11the Governor shall make a temporary appointment as in the case
12of a vacancy.
13    During the absence or inability to act of the director or
14secretary of any department, or of the Secretary of Human
15Services or the Secretary of Transportation, or in case of a
16vacancy in any such office until a successor is appointed and
17qualified, the Governor may designate some person as acting
18director or acting secretary to execute the powers and
19discharge the duties vested by law in that director or
20secretary.
21    During the term of a General Assembly, the Governor may not
22designate a person to serve as an acting director or secretary
23under this Section if that person's nomination to serve as the
24director or secretary of that same Department was rejected by
25the Senate of the same General Assembly. This Section is
26subject to the provisions of subsection (c) of Section 3A-40 of

 

 

10000HB5611ham002- 25 -LRB100 20507 RJF 37875 a

1the Illinois Governmental Ethics Act.
2(Source: P.A. 97-582, eff. 8-26-11.)
 
3    Section 1-910. The Department of Central Management
4Services Law of the Civil Administrative Code of Illinois is
5amended by changing Sections 405-10, 405-270, and 405-410 as
6follows:
 
7    (20 ILCS 405/405-10)  (was 20 ILCS 405/35.3)
8    Sec. 405-10. Director's duties; State policy. It shall be
9the duty of the Director and the policy of the State of
10Illinois to do the following:
11        (1) Place financial responsibility on State agencies
12    (as defined in subsection (b) of Section 405-5) and hold
13    them accountable for the proper discharge of this
14    responsibility.
15        (2) Require professional, accurate, and current
16    accounting with the State agencies (as defined in
17    subsection (b) of Section 405-5).
18        (3) Decentralize fiscal, procedural, and
19    administrative operations to expedite the business of the
20    State and to avoid expense, unwieldiness, inefficiency,
21    and unnecessary duplication where decentralization is
22    consistent with proper fiscal management.
23        (4) (Blank). Manage or delegate the management of the
24    procurement, retention, installation, maintenance, and

 

 

10000HB5611ham002- 26 -LRB100 20507 RJF 37875 a

1    operation of all electronic data processing equipment used
2    by State agencies as defined in Section 405-20, so as to
3    achieve maximum economy consistent with development of
4    adequate and timely information in a form suitable for
5    management analysis, in a manner that provides for adequate
6    security protection and back-up facilities for that
7    equipment, the establishment of bonding requirements, and
8    a code of conduct for all electronic data processing
9    personnel to ensure the privacy of electronic data
10    processing information as provided by law.
11(Source: P.A. 91-239, eff. 1-1-00.)
 
12    (20 ILCS 405/405-270)  (was 20 ILCS 405/67.18)
13    Sec. 405-270. Broadcast communications Communications
14services. To provide for and coordinate broadcast co-ordinate
15communications services for State agencies and, when requested
16and when in the best interests of the State, for units of
17federal or local governments and public and not-for-profit
18institutions of primary, secondary, and higher education. The
19Department may make use of its satellite uplink available to
20interested parties not associated with State government
21provided that State government usage shall have first priority.
22For this purpose the Department shall have the power and duty
23to do all of the following:
24        (1) Provide for and control the procurement,
25    retention, installation, and maintenance of video

 

 

10000HB5611ham002- 27 -LRB100 20507 RJF 37875 a

1    recording, satellite uplink, public information, and
2    broadcast communications equipment or services used by
3    State agencies in the interest of efficiency and economy.
4        (2) (Blank). Establish standards by January 1, 1989 for
5    communications services for State agencies which shall
6    include a minimum of one telecommunication device for the
7    deaf installed and operational within each State agency, to
8    provide public access to agency information for those
9    persons who are hearing or speech impaired. The Department
10    shall consult the Department of Human Services to develop
11    standards and implementation for this equipment.
12        (3) Establish charges (i) for video recording,
13    satellite uplink, public information, and broadcast
14    communication services for State agencies and, when
15    requested, for units of federal or local government and
16    public and not-for-profit institutions of primary,
17    secondary, or higher education and (ii) for use of the
18    Department's satellite uplink by parties not associated
19    with State government. Entities charged for these services
20    shall reimburse the Department.
21        (4) Instruct all State agencies to report their usage
22    of video recording, satellite uplink, public information,
23    and broadcast communication services regularly to the
24    Department in the manner the Director may prescribe.
25        (5) Analyze the present and future aims and needs of
26    all State agencies in the area of video recording,

 

 

10000HB5611ham002- 28 -LRB100 20507 RJF 37875 a

1    satellite uplink, public information, and broadcast
2    communications services and plan to serve those aims and
3    needs in the most effective and efficient manner.
4        (6) Provide services, including, but not limited to,
5    telecommunications, video recording, satellite uplink,
6    public information, and broadcast other communications
7    services.
8        (7) Establish the administrative organization within
9    the Department that is required to accomplish the purpose
10    of this Section.
11    The Department is authorized, in consultation with the
12Department of Innovation and Technology, to conduct a study for
13the purpose of determining technical, engineering, and
14management specifications for the networking, compatible
15connection, or shared use of existing and future public and
16private owned television broadcast and reception facilities,
17including but not limited to terrestrial microwave, fiber
18optic, and satellite, for broadcast and reception of
19educational, governmental, and business programs, and to
20implement those specifications.
21    However, the Department may not control or interfere with
22the input of content into the broadcast communications
23telecommunications systems by the several State agencies or
24units of federal or local government, or public or
25not-for-profit institutions of primary, secondary, and higher
26education, or users of the Department's satellite uplink.

 

 

10000HB5611ham002- 29 -LRB100 20507 RJF 37875 a

1    As used in this Section, the term "State agencies" means
2all departments, officers, commissions, boards, institutions,
3and bodies politic and corporate of the State except (i) the
4judicial branch, including, without limitation, the several
5courts of the State, the offices of the clerk of the supreme
6court and the clerks of the appellate court, and the
7Administrative Office of the Illinois Courts and (ii) the
8General Assembly, legislative service agencies, and all
9officers of the General Assembly.
10    This Section does not apply to the procurement of Next
11Generation 9-1-1 service as governed by Section 15.6b of the
12Emergency Telephone System Act.
13    In the event of a conflict between the provisions of this
14Section and any provision of the Department of Innovation and
15Technology Act, the Department of Innovation and Technology Act
16shall be controlling.
17(Source: P.A. 99-6, eff. 1-1-16.)
 
18    (20 ILCS 405/405-410)
19    Sec. 405-410. Transfer of Information Technology
20functions.
21    (a) Notwithstanding any other law to the contrary, the
22Secretary of Innovation and Technology Director of Central
23Management Services, working in cooperation with the Director
24of any other agency, department, board, or commission directly
25responsible to the Governor, may direct the transfer, to the

 

 

10000HB5611ham002- 30 -LRB100 20507 RJF 37875 a

1Department of Innovation and Technology Central Management
2Services, of those information technology functions at that
3agency, department, board, or commission that are suitable for
4centralization.
5    Upon receipt of the written direction to transfer
6information technology functions to the Department of
7Innovation and Technology Central Management Services, the
8personnel, equipment, and property (both real and personal)
9directly relating to the transferred functions shall be
10transferred to the Department of Innovation and Technology
11Central Management Services, and the relevant documents,
12records, and correspondence shall be transferred or copied, as
13the Secretary Director may prescribe.
14    (b) Upon receiving written direction from the Secretary of
15Innovation and Technology Director of Central Management
16Services, the Comptroller and Treasurer are authorized to
17transfer the unexpended balance of any appropriations related
18to the information technology functions transferred to the
19Department of Innovation and Technology Central Management
20Services and shall make the necessary fund transfers from any
21special fund in the State Treasury or from any other federal or
22State trust fund held by the Treasurer to the General Revenue
23Fund or the Technology Management Revolving Fund, as designated
24by the Secretary of Innovation and Technology Director of
25Central Management Services, for use by the Department of
26Innovation and Technology Central Management Services in

 

 

10000HB5611ham002- 31 -LRB100 20507 RJF 37875 a

1support of information technology functions or any other
2related costs or expenses of the Department of Innovation and
3Technology Central Management Services.
4    (c) The rights of employees and the State and its agencies
5under the Personnel Code and applicable collective bargaining
6agreements or under any pension, retirement, or annuity plan
7shall not be affected by any transfer under this Section.
8    (d) The functions transferred to the Department of
9Innovation and Technology Central Management Services by this
10Section shall be vested in and shall be exercised by the
11Department of Innovation and Technology Central Management
12Services. Each act done in the exercise of those functions
13shall have the same legal effect as if done by the agencies,
14offices, divisions, departments, bureaus, boards and
15commissions from which they were transferred.
16    Every person or other entity shall be subject to the same
17obligations and duties and any penalties, civil or criminal,
18arising therefrom, and shall have the same rights arising from
19the exercise of such rights, powers, and duties as had been
20exercised by the agencies, offices, divisions, departments,
21bureaus, boards, and commissions from which they were
22transferred.
23    Whenever reports or notices are now required to be made or
24given or papers or documents furnished or served by any person
25in regards to the functions transferred to or upon the
26agencies, offices, divisions, departments, bureaus, boards,

 

 

10000HB5611ham002- 32 -LRB100 20507 RJF 37875 a

1and commissions from which the functions were transferred, the
2same shall be made, given, furnished or served in the same
3manner to or upon the Department of Innovation and Technology
4Central Management Services.
5    This Section does not affect any act done, ratified, or
6cancelled or any right occurring or established or any action
7or proceeding had or commenced in an administrative, civil, or
8criminal cause regarding the functions transferred, but those
9proceedings may be continued by the Department of Innovation
10and Technology Central Management Services.
11    This Section does not affect the legality of any rules in
12the Illinois Administrative Code regarding the functions
13transferred in this Section that are in force on the effective
14date of this Section. If necessary, however, the affected
15agencies shall propose, adopt, or repeal rules, rule
16amendments, and rule recodifications as appropriate to
17effectuate this Section.
18(Source: P.A. 100-23, eff. 7-6-17.)
 
19    (20 ILCS 405/405-20 rep.)
20    (20 ILCS 405/405-250 rep.)
21    (20 ILCS 405/405-255 rep.)
22    (20 ILCS 405/405-260 rep.)
23    (20 ILCS 405/405-265 rep.)
24    Section 1-915. The Department of Central Management
25Services Law of the Civil Administrative Code of Illinois is

 

 

10000HB5611ham002- 33 -LRB100 20507 RJF 37875 a

1amended by repealing Sections 405-20, 405-250, 405-255,
2405-260, and 405-265.
 
3    Section 1-920. The Department of Commerce and Economic
4Opportunity Law of the Civil Administrative Code of Illinois is
5amended by changing Sections 605-680 and 605-1007 as follows:
 
6    (20 ILCS 605/605-680)
7    Sec. 605-680. Illinois goods and services website.
8    (a) The Department, in consultation with the Department of
9Innovation and Technology, must establish and maintain an
10Internet website devoted to the marketing of Illinois goods and
11services by linking potential purchasers with producers of
12goods and services who are located in the State.
13    (b) The Department must advertise the website to encourage
14inclusion of producers on the website and to encourage the use
15of the website by potential purchasers.
16(Source: P.A. 93-868, eff. 1-1-05.)
 
17    Section 1-925. The Department of Commerce and Economic
18Opportunity Law of the Civil Administrative Code of Illinois is
19amended by changing Section 605-1007 as follows:
 
20    (20 ILCS 605/605-1007)
21    Sec. 605-1007. New business permitting portal.
22    (a) By July 1, 2017, the Department shall create and

 

 

10000HB5611ham002- 34 -LRB100 20507 RJF 37875 a

1maintain, in consultation with the Department of Innovation and
2Technology, a website to help persons wishing to create new
3businesses or relocate businesses to Illinois. The Department
4shall consult with at least one organization representing small
5businesses in this State while creating the website.
6    (b) The website shall include:
7        (1) an estimate of license and permitting fees for
8    different businesses;
9        (2) State government application forms for business
10    licensing or registration;
11        (3) hyperlinks to websites of the responsible agency or
12    organization responsible for accepting the application;
13    and
14        (4) contact information for any local government
15    permitting agencies that may be relevant.
16    (c) The Department shall contact all agencies to obtain
17business forms and other information for this website. Those
18agencies shall respond to the Department before July 1, 2016.
19    (d) The website shall also include some mechanism for the
20potential business owner to request more information from the
21Department that may be helpful in starting the business,
22including, but not limited to, State-based incentives that the
23business owner may qualify for when starting or relocating a
24business.
25    (e) The Department shall update the website at least once a
26year before July 1. The Department shall request that other

 

 

10000HB5611ham002- 35 -LRB100 20507 RJF 37875 a

1State agencies report any changes in applicable application
2forms to the Department by June 1 of every year after 2016.
3(Source: P.A. 99-134, eff. 1-1-16.)
 
4    Section 1-930. The State Fire Marshal Act is amended by
5changing Section 2.5 as follows:
 
6    (20 ILCS 2905/2.5)
7    Sec. 2.5. Equipment exchange program.
8    (a) The Office shall create and maintain an equipment
9exchange program under which fire departments, fire protection
10districts, and township fire departments can donate or sell
11equipment to, trade equipment with, or buy equipment from each
12other.
13    (b) Under this program, the Office, in consultation with
14the Department of Innovation and Technology shall maintain a
15website that allows fire departments, fire protection
16districts, and township fire departments to post information
17and photographs about needed equipment and equipment that is
18available for trade, donation, or sale. This website must be
19separate from, and not a part of, the Office's main website;
20however, the Office must post a hyperlink on its main website
21that points to the website established under this subsection
22(b).
23    (c) The Office or a fire department, fire protection
24district, or township fire department that donates, trades, or

 

 

10000HB5611ham002- 36 -LRB100 20507 RJF 37875 a

1sells fire protection equipment to another fire department,
2fire protection district, or township fire department under
3this Section is not liable for any damage or injury caused by
4the donated, traded, or sold fire protection equipment, except
5for damage or injury caused by its willful and wanton
6misconduct, if it discloses in writing to the recipient at the
7time of the donation, trade, or sale any known damage to or
8deficiencies in the equipment.
9    This Section does not relieve any fire department, fire
10protection district, or township fire department from
11liability, unless otherwise provided by law, for any damage or
12injury caused by donated, traded, or sold fire protection
13equipment that was received through the equipment exchange
14program.
15    (d) The Office must promote the program to encourage the
16efficient exchange of equipment among local government
17entities.
18    (e) The Office must implement the changes to the equipment
19exchange program required under this amendatory Act of the 94th
20General Assembly no later than July 1, 2006.
21(Source: P.A. 93-305, eff. 7-23-03; 94-175, eff. 7-12-05.)
 
22    Section 1-935. The Illinois Century Network Act is amended
23by changing Sections 5, 10, and 15 and by adding Section 7 as
24follows:
 

 

 

10000HB5611ham002- 37 -LRB100 20507 RJF 37875 a

1    (20 ILCS 3921/5)
2    Sec. 5. Legislative findings and declarations. The General
3Assembly finds and declares:
4        (1) That computing and communications technologies are
5    essential for sustaining economic competitiveness and
6    fostering the educational vitality of this State.
7        (2) That there is an established need for a
8    telecommunications infrastructure that will provide
9    high-speed, reliable, and cost-effective digital
10    connections throughout the State.
11        (3) That a network is required that will deliver
12    educational programs, advanced training, and access to the
13    growing global wealth of information services to citizens
14    in all parts of this State.
15        (4) That the State and communication providers shall
16    continue to collaborate to deliver communications links to
17    anchor institutions in Illinois.
18(Source: P.A. 91-21, eff. 7-1-99.)
 
19    (20 ILCS 3921/7 new)
20    Sec. 7. Definitions. Beginning on July 1, 2018, as used in
21this Act, "anchor institutions" means Illinois schools,
22institutions of higher education, libraries, museums, research
23institutions, State agencies, and units of local government.
 
24    (20 ILCS 3921/10)

 

 

10000HB5611ham002- 38 -LRB100 20507 RJF 37875 a

1    Sec. 10. Illinois Century Network. The Illinois Century
2Network shall be a service creating and maintaining high speed
3telecommunications networks that provide reliable
4communication links for wholesale connections with other
5registered or certified providers and the direct communication
6needs of various anchor institutions throughout Illinois to and
7among Illinois schools, institutions of higher education,
8libraries, museums, research institutions, State agencies,
9units of local government, and other local entities that
10provide services to Illinois citizens. The Illinois Century
11Network may shall build on existing investments in networking
12schools, colleges, and universities, and shall avoid
13duplication of existing communication networks if those
14networks are capable of maintaining future efforts, maintain
15sufficient capacity to meet the requirements of anchor
16institutions the participating institutions, and stay current
17with rapid developments in technology. The Illinois Century
18Network shall be capable of delivering state-of-the-art access
19to education, training, and electronic information and shall
20provide access to networking technologies for institutions
21located in even the most remote areas of this State.
22    By July 1, 2019, the Department of Innovation and
23Technology shall perform a comprehensive review of the Illinois
24Century Network including, but not limited to, assets,
25connections, hardware, and capacity of the current network.
26Nothing in this amendatory Act of the 100th General Assembly

 

 

10000HB5611ham002- 39 -LRB100 20507 RJF 37875 a

1shall change contractual obligations of the Illinois Century
2Network that are effective on or before the effective date of
3this amendatory Act of the 100th General Assembly.
4(Source: P.A. 91-21, eff. 7-1-99; 92-691, eff. 7-18-02.)
 
5    (20 ILCS 3921/15)
6    Sec. 15. Management of the Illinois Century Network.
7    (a) The Department of Innovation and Technology shall
8govern the staffing and contractual services necessary to
9support the activities of the Illinois Century Network.
10Staffing and contractual services necessary to support the
11network's activities shall be governed by the Illinois Century
12Network Policy Committee. The committee shall include:
13        (1) 6 standing members as follows:
14            (i) the Illinois State Library Director or
15        designee;
16            (ii) the Illinois State Museum Director or
17        designee;
18            (iii) the Executive Director of the Board of Higher
19        Education or designee;
20            (iv) the Executive Director of the Illinois
21        Community College Board or designee;
22            (v) the State Board of Education State
23        Superintendent or designee; and
24            (vi) the Director of Central Management Services
25        or designee;

 

 

10000HB5611ham002- 40 -LRB100 20507 RJF 37875 a

1        (2) up to 7 members who are appointed by the Governor
2    and who:
3            (i) have experience and background in private K-12
4        education, private higher education, or who are from
5        other participant constituents that are not already
6        represented;
7            (ii) shall serve staggered terms up to 3 years as
8        designated by the Governor; and
9            (iii) shall serve until a successor is appointed
10        and qualified; and
11        (3) a Chairperson who is appointed by the Governor and
12    who shall serve a term of 2 years and until a successor is
13    appointed and qualified.
14    (b) (Blank). Illinois Century Network Policy Committee
15members shall serve without compensation but shall be entitled
16to reimbursement for reasonable expenses of travel for members
17who are required to travel for a distance greater than 20 miles
18to participate in business of the Illinois Century Network
19Policy Committee.
20(Source: P.A. 98-719, eff. 1-1-15.)
 
21    (20 ILCS 3921/20 rep.)
22    Section 1-937. The Illinois Century Network Act is amended
23by repealing Section 20.
 
24    Section 1-940. The State Finance Act is amended by changing

 

 

10000HB5611ham002- 41 -LRB100 20507 RJF 37875 a

1Sections 6p-1, 6p-2, 8.16a, and 8.16b as follows:
 
2    (30 ILCS 105/6p-1)  (from Ch. 127, par. 142p1)
3    Sec. 6p-1. The Technology Management Revolving Fund
4(formerly known as the Statistical Services Revolving Fund)
5shall be initially financed by a transfer of funds from the
6General Revenue Fund. Thereafter, all fees and other monies
7received by the Department of Innovation and Technology Central
8Management Services in payment for information technology and
9related statistical services rendered pursuant 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) shall be paid into
13the Technology Management Revolving Fund. On and after July 1,
142017, or after sufficient moneys have been received in the
15Communications Revolving Fund to pay all Fiscal Year 2017
16obligations payable from the Fund, whichever is later, all fees
17and other moneys received by the Department of Central
18Management Services in payment for communications services
19rendered pursuant to the Department of Central Management
20Services Law of the Civil Administrative Code of Illinois or
21sale of surplus State communications equipment shall be paid
22into the Technology Management Revolving Fund. The money in
23this fund shall be used by the Department of Innovation and
24Technology Central Management Services as reimbursement for
25expenditures incurred in rendering information technology and

 

 

10000HB5611ham002- 42 -LRB100 20507 RJF 37875 a

1related statistical services and, beginning July 1, 2017, as
2reimbursement for expenditures incurred in relation to
3communications services.
4(Source: P.A. 100-23, eff. 7-6-17.)
 
5    (30 ILCS 105/6p-2)  (from Ch. 127, par. 142p2)
6    Sec. 6p-2. The Communications Revolving Fund shall be
7initially financed by a transfer of funds from the General
8Revenue Fund. Thereafter, through June 30, 2017, all fees and
9other monies received by the Department of Innovation and
10Technology Central Management Services in payment for
11communications services rendered pursuant to the Department of
12Innovation and Technology Act Central Management Services Law
13or sale of surplus State communications equipment shall be paid
14into the Communications Revolving Fund. Except as otherwise
15provided in this Section, the money in this fund shall be used
16by the Department of Innovation and Technology Central
17Management Services as reimbursement for expenditures incurred
18in relation to communications services.
19    On the effective date of this amendatory Act of the 93rd
20General Assembly, or as soon as practicable thereafter, the
21State Comptroller shall order transferred and the State
22Treasurer shall transfer $3,000,000 from the Communications
23Revolving Fund to the Emergency Public Health Fund to be used
24for the purposes specified in Section 55.6a of the
25Environmental Protection Act.

 

 

10000HB5611ham002- 43 -LRB100 20507 RJF 37875 a

1    In addition to any other transfers that may be provided for
2by law, on July 1, 2011, or as soon thereafter as practical,
3the State Comptroller shall direct and the State Treasurer
4shall transfer the sum of $5,000,000 from the General Revenue
5Fund to the Communications Revolving Fund.
6    Notwithstanding any other provision of law, in addition to
7any other transfers that may be provided by law, on July 1,
82017, or after sufficient moneys have been received in the
9Communications Revolving Fund to pay all Fiscal Year 2017
10obligations payable from the Fund, whichever is later, the
11State Comptroller shall direct and the State Treasurer shall
12transfer the remaining balance from the Communications
13Revolving Fund into the Technology Management Revolving Fund.
14Upon completion of the transfer, any future deposits due to
15that Fund and any outstanding obligations or liabilities of
16that Fund pass to the Technology Management Revolving Fund.
17(Source: P.A. 100-23, eff. 7-6-17.)
 
18    (30 ILCS 105/8.16a)  (from Ch. 127, par. 144.16a)
19    Sec. 8.16a. Appropriations for the procurement,
20installation, retention, maintenance and operation of
21electronic data processing and information technology devices
22and software used by State state agencies subject to subsection
23(b) of Section 30 of the Department of Innovation and
24Technology Act Section 405-20 of the Department of Central
25Management Services Law (20 ILCS 405/405-20), the purchase of

 

 

10000HB5611ham002- 44 -LRB100 20507 RJF 37875 a

1necessary supplies and equipment and accessories thereto, and
2all other expenses incident to the operation and maintenance of
3those electronic data processing and information technology
4devices and software are payable from the Technology Management
5Revolving Fund. However, no contract shall be entered into or
6obligation incurred for any expenditure from the Technology
7Management Revolving Fund until after the purpose and amount
8has been approved in writing by the Secretary of Innovation and
9Technology Director of Central Management Services. Until
10there are sufficient funds in the Technology Management
11Revolving Fund (formerly known as the Statistical Services
12Revolving Fund) to carry out the purposes of this amendatory
13Act of 1965, however, the State agencies subject to subsection
14(b) of Section 30 of the Department of Innovation and
15Technology Act that Section 405-20 shall, on written approval
16of the Secretary of Innovation and Technology Director of
17Central Management Services, pay the cost of operating and
18maintaining electronic data processing systems from current
19appropriations as classified and standardized in the State
20Finance Act.
21(Source: P.A. 100-23, eff. 7-6-17.)
 
22    (30 ILCS 105/8.16b)  (from Ch. 127, par. 144.16b)
23    Sec. 8.16b. Appropriations for expenses related to
24communications services pursuant to the Civil Administrative
25Code of Illinois are payable from the Communications Revolving

 

 

10000HB5611ham002- 45 -LRB100 20507 RJF 37875 a

1Fund. However, no contract shall be entered into or obligation
2incurred for any expenditure from the Communications Revolving
3Fund until after the purpose and amount has been approved in
4writing by the Secretary of Innovation and Technology Director
5of Central Management Services.
6(Source: P.A. 87-817.)
 
7    Section 1-943. The Illinois Procurement Code is amended by
8changing Section 20-60 as follows:
 
9    (30 ILCS 500/20-60)
10    Sec. 20-60. Duration of contracts.
11    (a) Maximum duration. A contract may be entered into for
12any period of time deemed to be in the best interests of the
13State but not exceeding 10 years inclusive, beginning January
141, 2010, of proposed contract renewals. Third parties may lease
15State-owned dark fiber networks for any period of time deemed
16to be in the best interest of the State, but not exceeding 20
17years. The length of a lease for real property or capital
18improvements shall be in accordance with the provisions of
19Section 40-25. The length of energy conservation program
20contracts or energy savings contracts or leases shall be in
21accordance with the provisions of Section 25-45. A contract for
22bond or mortgage insurance awarded by the Illinois Housing
23Development Authority, however, may be entered into for any
24period of time less than or equal to the maximum period of time

 

 

10000HB5611ham002- 46 -LRB100 20507 RJF 37875 a

1that the subject bond or mortgage may remain outstanding.
2    (b) Subject to appropriation. All contracts made or entered
3into shall recite that they are subject to termination and
4cancellation in any year for which the General Assembly fails
5to make an appropriation to make payments under the terms of
6the contract.
7    (c) The chief procurement officer shall file a proposed
8extension or renewal of a contract with the Procurement Policy
9Board prior to entering into any extension or renewal if the
10cost associated with the extension or renewal exceeds $249,999.
11The Procurement Policy Board may object to the proposed
12extension or renewal within 30 calendar days and require a
13hearing before the Board prior to entering into the extension
14or renewal. If the Procurement Policy Board does not object
15within 30 calendar days or takes affirmative action to
16recommend the extension or renewal, the chief procurement
17officer may enter into the extension or renewal of a contract.
18This subsection does not apply to any emergency procurement,
19any procurement under Article 40, or any procurement exempted
20by Section 1-10(b) of this Code. If any State agency contract
21is paid for in whole or in part with federal-aid funds, grants,
22or loans and the provisions of this subsection would result in
23the loss of those federal-aid funds, grants, or loans, then the
24contract is exempt from the provisions of this subsection in
25order to remain eligible for those federal-aid funds, grants,
26or loans, and the State agency shall file notice of this

 

 

10000HB5611ham002- 47 -LRB100 20507 RJF 37875 a

1exemption with the Procurement Policy Board prior to entering
2into the proposed extension or renewal. Nothing in this
3subsection permits a chief procurement officer to enter into an
4extension or renewal in violation of subsection (a). By August
51 each year, the Procurement Policy Board shall file a report
6with the General Assembly identifying for the previous fiscal
7year (i) the proposed extensions or renewals that were filed
8with the Board and whether the Board objected and (ii) the
9contracts exempt from this subsection.
10    (d) Notwithstanding the provisions of subsection (a) of
11this Section, the Department of Innovation and Technology may
12enter into leases for dark fiber networks for any period of
13time deemed to be in the best interests of the State but not
14exceeding 20 years inclusive. The Department of Innovation and
15Technology may lease dark fiber networks from third parties
16only for the primary purpose of providing services to (i) the
17offices of Governor, Lieutenant Governor, Attorney General,
18Secretary of State, Comptroller, or Treasurer and State
19agencies, as defined under Section 5-15 of the Civil
20Administrative Code of Illinois or (ii) for anchor
21institutions, as defined in Section 7 of the Illinois Century
22Network Act. Dark fiber network lease contracts shall be
23subject to all other provisions of this Code and any applicable
24rules or requirements, including, but not limited to,
25publication of lease solicitations, use of standard State
26contracting terms and conditions, and approval of vendor

 

 

10000HB5611ham002- 48 -LRB100 20507 RJF 37875 a

1certifications and financial disclosures.
2    (e) As used in this Section, "dark fiber network" means a
3network of fiber optic cables laid but currently unused by a
4third party that the third party is leasing for use as network
5infrastructure.
6(Source: P.A. 100-23, eff. 7-6-17.)
 
7    Section 1-945. The Grant Information Collection Act is
8amended by changing Section 10 as follows:
 
9    (30 ILCS 707/10)
10    Sec. 10. Grant information collection. The Secretary of
11Innovation and Technology Chief Information Officer of the
12State, as designated by the Governor, shall coordinate with
13each State agency to develop, with any existing or newly
14available resources and technology, appropriate systems to
15accurately report data containing financial information. These
16systems shall include a module that is specific to the
17management and administration of grant funds.
18    Each grantor agency that is authorized to award grant funds
19to an entity other than the State of Illinois shall coordinate
20with the Secretary of Innovation and Technology Chief
21Information Officer of the State to provide for the
22publication, at data.illinois.gov or any other publicly
23accessible website designated by the Chief Information
24Officer, of data sets containing information regarding awards

 

 

10000HB5611ham002- 49 -LRB100 20507 RJF 37875 a

1of grant funds that the grantor agency has made during the
2previous fiscal year. Data sets shall be published on at least
3a quarterly basis and shall include, at a minimum, the
4following:
5        (1) the name of the grantor agency;
6        (2) the name and postal zip code of the grantee;
7        (3) a short description of the purpose of the award of
8    grant funds;
9        (4) the amount of each award of grant funds;
10        (5) the date of each award of grant funds; and
11        (6) the duration of each award of grant funds.
12    In addition, each grantor agency shall make best efforts,
13with available resources and technology, to make available in
14the data sets any other data that is relevant to its award of
15grant funds.
16    Data not subject to the requirements of this Section
17include data to which a State agency may deny access pursuant
18to any provision of a federal, State, or local law, rule, or
19regulation.
20(Source: P.A. 98-589, eff. 1-1-14.)
 
21    Section 1-950. The Illinois Pension Code is amended by
22changing Sections 1-160, 14-110, and 15-106 as follows:
 
23    (40 ILCS 5/1-160)
24    Sec. 1-160. Provisions applicable to new hires.

 

 

10000HB5611ham002- 50 -LRB100 20507 RJF 37875 a

1    (a) The provisions of this Section apply to a person who,
2on or after January 1, 2011, first becomes a member or a
3participant under any reciprocal retirement system or pension
4fund established under this Code, other than a retirement
5system or pension fund established under Article 2, 3, 4, 5, 6,
615 or 18 of this Code, notwithstanding any other provision of
7this Code to the contrary, but do not apply to any self-managed
8plan established under this Code, to any person with respect to
9service as a sheriff's law enforcement employee under Article
107, or to any participant of the retirement plan established
11under Section 22-101. Notwithstanding anything to the contrary
12in this Section, for purposes of this Section, a person who
13participated in a retirement system under Article 15 prior to
14January 1, 2011 shall be deemed a person who first became a
15member or participant prior to January 1, 2011 under any
16retirement system or pension fund subject to this Section. The
17changes made to this Section by Public Act 98-596 are a
18clarification of existing law and are intended to be
19retroactive to January 1, 2011 (the effective date of Public
20Act 96-889), notwithstanding the provisions of Section 1-103.1
21of this Code.
22    This Section does not apply to a person who first becomes a
23noncovered employee under Article 14 on or after the
24implementation date of the plan created under Section 1-161 for
25that Article, unless that person elects under subsection (b) of
26Section 1-161 to instead receive the benefits provided under

 

 

10000HB5611ham002- 51 -LRB100 20507 RJF 37875 a

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

 

 

10000HB5611ham002- 52 -LRB100 20507 RJF 37875 a

1of any retirement system or pension fund to which this Section
2applies on or after January 1, 2011, in this Code, "final
3average salary" shall be substituted for the following:
4        (1) In Article 7 (except for service as sheriff's law
5    enforcement employees), "final rate of earnings".
6        (2) In Articles 8, 9, 10, 11, and 12, "highest average
7    annual salary for any 4 consecutive years within the last
8    10 years of service immediately preceding the date of
9    withdrawal".
10        (3) In Article 13, "average final salary".
11        (4) In Article 14, "final average compensation".
12        (5) In Article 17, "average salary".
13        (6) In Section 22-207, "wages or salary received by him
14    at the date of retirement or discharge".
15    (b-5) Beginning on January 1, 2011, for all purposes under
16this Code (including without limitation the calculation of
17benefits and employee contributions), the annual earnings,
18salary, or wages (based on the plan year) of a member or
19participant to whom this Section applies shall not exceed
20$106,800; however, that amount shall annually thereafter be
21increased by the lesser of (i) 3% of that amount, including all
22previous adjustments, or (ii) one-half the annual unadjusted
23percentage increase (but not less than zero) in the consumer
24price index-u for the 12 months ending with the September
25preceding each November 1, including all previous adjustments.
26    For the purposes of this Section, "consumer price index-u"

 

 

10000HB5611ham002- 53 -LRB100 20507 RJF 37875 a

1means the index published by the Bureau of Labor Statistics of
2the United States Department of Labor that measures the average
3change in prices of goods and services purchased by all urban
4consumers, United States city average, all items, 1982-84 =
5100. The new amount resulting from each annual adjustment shall
6be determined by the Public Pension Division of the Department
7of Insurance and made available to the boards of the retirement
8systems and pension funds by November 1 of each year.
9    (c) A member or participant is entitled to a retirement
10annuity upon written application if he or she has attained age
1167 (beginning January 1, 2015, age 65 with respect to service
12under Article 12 of this Code that is subject to this Section)
13and has at least 10 years of service credit and is otherwise
14eligible under the requirements of the applicable Article.
15    A member or participant who has attained age 62 (beginning
16January 1, 2015, age 60 with respect to service under Article
1712 of this Code that is subject to this Section) and has at
18least 10 years of service credit and is otherwise eligible
19under the requirements of the applicable Article may elect to
20receive the lower retirement annuity provided in subsection (d)
21of this Section.
22    (c-5) A person who first becomes a member or a participant
23under Article 8 or Article 11 of this Code on or after the
24effective date of this amendatory Act of the 100th General
25Assembly, notwithstanding any other provision of this Code to
26the contrary, is entitled to a retirement annuity upon written

 

 

10000HB5611ham002- 54 -LRB100 20507 RJF 37875 a

1application if he or she has attained age 65 and has at least
210 years of service credit under Article 8 or Article 11 of
3this Code and is otherwise eligible under the requirements of
4Article 8 or Article 11 of this Code, whichever is applicable.
5    (d) The retirement annuity of a member or participant who
6is retiring after attaining age 62 (beginning January 1, 2015,
7age 60 with respect to service under Article 12 of this Code
8that is subject to this Section) with at least 10 years of
9service credit shall be reduced by one-half of 1% for each full
10month that the member's age is under age 67 (beginning January
111, 2015, age 65 with respect to service under Article 12 of
12this Code that is subject to this Section).
13    (d-5) The retirement annuity of a person who first becomes
14a member or a participant under Article 8 or Article 11 of this
15Code on or after the effective date of this amendatory Act of
16the 100th General Assembly who is retiring at age 60 with at
17least 10 years of service credit under Article 8 or Article 11
18shall be reduced by one-half of 1% for each full month that the
19member's age is under age 65.
20    (d-10) Each person who first became a member or participant
21under Article 8 or Article 11 of this Code on or after January
221, 2011 and prior to the effective date of this amendatory Act
23of the 100th General Assembly shall make an irrevocable
24election either:
25        (i) to be eligible for the reduced retirement age
26    provided in subsections (c-5) and (d-5) of this Section,

 

 

10000HB5611ham002- 55 -LRB100 20507 RJF 37875 a

1    the eligibility for which is conditioned upon the member or
2    participant agreeing to the increases in employee
3    contributions for age and service annuities provided in
4    subsection (a-5) of Section 8-174 of this Code (for service
5    under Article 8) or subsection (a-5) of Section 11-170 of
6    this Code (for service under Article 11); or
7        (ii) to not agree to item (i) of this subsection
8    (d-10), in which case the member or participant shall
9    continue to be subject to the retirement age provisions in
10    subsections (c) and (d) of this Section and the employee
11    contributions for age and service annuity as provided in
12    subsection (a) of Section 8-174 of this Code (for service
13    under Article 8) or subsection (a) of Section 11-170 of
14    this Code (for service under Article 11).
15    The election provided for in this subsection shall be made
16between October 1, 2017 and November 15, 2017. A person subject
17to this subsection who makes the required election shall remain
18bound by that election. A person subject to this subsection who
19fails for any reason to make the required election within the
20time specified in this subsection shall be deemed to have made
21the election under item (ii).
22    (e) Any retirement annuity or supplemental annuity shall be
23subject to annual increases on the January 1 occurring either
24on or after the attainment of age 67 (beginning January 1,
252015, age 65 with respect to service under Article 12 of this
26Code that is subject to this Section and beginning on the

 

 

10000HB5611ham002- 56 -LRB100 20507 RJF 37875 a

1effective date of this amendatory Act of the 100th General
2Assembly, age 65 with respect to persons who: (i) first became
3members or participants under Article 8 or Article 11 of this
4Code on or after the effective date of this amendatory Act of
5the 100th General Assembly; or (ii) first became members or
6participants under Article 8 or Article 11 of this Code on or
7after January 1, 2011 and before the effective date of this
8amendatory Act of the 100th General Assembly and made the
9election under item (i) of subsection (d-10) of this Section)
10or the first anniversary of the annuity start date, whichever
11is later. Each annual increase shall be calculated at 3% or
12one-half the annual unadjusted percentage increase (but not
13less than zero) in the consumer price index-u for the 12 months
14ending with the September preceding each November 1, whichever
15is less, of the originally granted retirement annuity. If the
16annual unadjusted percentage change in the consumer price
17index-u for the 12 months ending with the September preceding
18each November 1 is zero or there is a decrease, then the
19annuity shall not be increased.
20    For the purposes of Section 1-103.1 of this Code, the
21changes made to this Section by this amendatory Act of the
22100th General Assembly are applicable without regard to whether
23the employee was in active service on or after the effective
24date of this amendatory Act of the 100th General Assembly.
25    (f) The initial survivor's or widow's annuity of an
26otherwise eligible survivor or widow of a retired member or

 

 

10000HB5611ham002- 57 -LRB100 20507 RJF 37875 a

1participant who first became a member or participant on or
2after January 1, 2011 shall be in the amount of 66 2/3% of the
3retired member's or participant's retirement annuity at the
4date of death. In the case of the death of a member or
5participant who has not retired and who first became a member
6or participant on or after January 1, 2011, eligibility for a
7survivor's or widow's annuity shall be determined by the
8applicable Article of this Code. The initial benefit shall be
966 2/3% of the earned annuity without a reduction due to age. A
10child's annuity of an otherwise eligible child shall be in the
11amount prescribed under each Article if applicable. Any
12survivor's or widow's annuity shall be increased (1) on each
13January 1 occurring on or after the commencement of the annuity
14if the deceased member died while receiving a retirement
15annuity or (2) in other cases, on each January 1 occurring
16after the first anniversary of the commencement of the annuity.
17Each annual increase shall be calculated at 3% or one-half the
18annual unadjusted percentage increase (but not less than zero)
19in the consumer price index-u for the 12 months ending with the
20September preceding each November 1, whichever is less, of the
21originally granted survivor's annuity. If the annual
22unadjusted percentage change in the consumer price index-u for
23the 12 months ending with the September preceding each November
241 is zero or there is a decrease, then the annuity shall not be
25increased.
26    (g) The benefits in Section 14-110 apply only if the person

 

 

10000HB5611ham002- 58 -LRB100 20507 RJF 37875 a

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

 

 

10000HB5611ham002- 59 -LRB100 20507 RJF 37875 a

1applicable Article of this Code.
2    If a person who first becomes a member of a retirement
3system or pension fund subject to this Section on or after
4January 1, 2012 and is receiving a retirement annuity or
5retirement pension under that system or fund and accepts on a
6contractual basis a position to provide services to a
7governmental entity from which he or she has retired, then that
8person's annuity or retirement pension earned as an active
9employee of the employer shall be suspended during that
10contractual service. A person receiving an annuity or
11retirement pension under this Code shall notify the pension
12fund or retirement system from which he or she is receiving an
13annuity or retirement pension, as well as his or her
14contractual employer, of his or her retirement status before
15accepting contractual employment. A person who fails to submit
16such notification shall be guilty of a Class A misdemeanor and
17required to pay a fine of $1,000. Upon termination of that
18contractual employment, the person's retirement annuity or
19retirement pension payments shall resume and, if appropriate,
20be recalculated under the applicable provisions of this Code.
21    (i) (Blank).
22    (j) In the case of a conflict between the provisions of
23this Section and any other provision of this Code, the
24provisions of this Section shall control.
25(Source: P.A. 100-23, eff. 7-6-17; 100-201, eff. 8-18-17;
26100-563, eff. 12-8-17.)
 

 

 

10000HB5611ham002- 60 -LRB100 20507 RJF 37875 a

1    (40 ILCS 5/14-110)  (from Ch. 108 1/2, par. 14-110)
2    Sec. 14-110. Alternative retirement annuity.
3    (a) Any member who has withdrawn from service with not less
4than 20 years of eligible creditable service and has attained
5age 55, and any member who has withdrawn from service with not
6less than 25 years of eligible creditable service and has
7attained age 50, regardless of whether the attainment of either
8of the specified ages occurs while the member is still in
9service, shall be entitled to receive at the option of the
10member, in lieu of the regular or minimum retirement annuity, a
11retirement annuity computed as follows:
12        (i) for periods of service as a noncovered employee: if
13    retirement occurs on or after January 1, 2001, 3% of final
14    average compensation for each year of creditable service;
15    if retirement occurs before January 1, 2001, 2 1/4% of
16    final average compensation for each of the first 10 years
17    of creditable service, 2 1/2% for each year above 10 years
18    to and including 20 years of creditable service, and 2 3/4%
19    for each year of creditable service above 20 years; and
20        (ii) for periods of eligible creditable service as a
21    covered employee: if retirement occurs on or after January
22    1, 2001, 2.5% of final average compensation for each year
23    of creditable service; if retirement occurs before January
24    1, 2001, 1.67% of final average compensation for each of
25    the first 10 years of such service, 1.90% for each of the

 

 

10000HB5611ham002- 61 -LRB100 20507 RJF 37875 a

1    next 10 years of such service, 2.10% for each year of such
2    service in excess of 20 but not exceeding 30, and 2.30% for
3    each year in excess of 30.
4    Such annuity shall be subject to a maximum of 75% of final
5average compensation if retirement occurs before January 1,
62001 or to a maximum of 80% of final average compensation if
7retirement occurs on or after January 1, 2001.
8    These rates shall not be applicable to any service
9performed by a member as a covered employee which is not
10eligible creditable service. Service as a covered employee
11which is not eligible creditable service shall be subject to
12the rates and provisions of Section 14-108.
13    (b) For the purpose of this Section, "eligible creditable
14service" means creditable service resulting from service in one
15or more of the following positions:
16        (1) State policeman;
17        (2) fire fighter in the fire protection service of a
18    department;
19        (3) air pilot;
20        (4) special agent;
21        (5) investigator for the Secretary of State;
22        (6) conservation police officer;
23        (7) investigator for the Department of Revenue or the
24    Illinois Gaming Board;
25        (8) security employee of the Department of Human
26    Services;

 

 

10000HB5611ham002- 62 -LRB100 20507 RJF 37875 a

1        (9) Central Management Services security police
2    officer;
3        (10) security employee of the Department of
4    Corrections or the Department of Juvenile Justice;
5        (11) dangerous drugs investigator;
6        (12) investigator for the Department of State Police;
7        (13) investigator for the Office of the Attorney
8    General;
9        (14) controlled substance inspector;
10        (15) investigator for the Office of the State's
11    Attorneys Appellate Prosecutor;
12        (16) Commerce Commission police officer;
13        (17) arson investigator;
14        (18) State highway maintenance worker; .
15        (19) security employee of the Department of Innovation
16    and Technology.
17    A person employed in one of the positions specified in this
18subsection is entitled to eligible creditable service for
19service credit earned under this Article while undergoing the
20basic police training course approved by the Illinois Law
21Enforcement Training Standards Board, if completion of that
22training is required of persons serving in that position. For
23the purposes of this Code, service during the required basic
24police training course shall be deemed performance of the
25duties of the specified position, even though the person is not
26a sworn peace officer at the time of the training.

 

 

10000HB5611ham002- 63 -LRB100 20507 RJF 37875 a

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

 

 

10000HB5611ham002- 64 -LRB100 20507 RJF 37875 a

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

 

 

10000HB5611ham002- 65 -LRB100 20507 RJF 37875 a

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

 

 

10000HB5611ham002- 66 -LRB100 20507 RJF 37875 a

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

 

 

10000HB5611ham002- 67 -LRB100 20507 RJF 37875 a

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

 

 

10000HB5611ham002- 68 -LRB100 20507 RJF 37875 a

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

 

 

10000HB5611ham002- 69 -LRB100 20507 RJF 37875 a

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

 

 

10000HB5611ham002- 70 -LRB100 20507 RJF 37875 a

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

 

 

10000HB5611ham002- 71 -LRB100 20507 RJF 37875 a

1    Executive Order 2016-01, and continues to perform similar
2    job functions under that Department.
3    (d) A security employee of the Department of Corrections or
4the Department of Juvenile Justice, and a security employee of
5the Department of Human Services who is not a mental health
6police officer, and a security employee of the Department of
7Innovation and Technology shall not be eligible for the
8alternative retirement annuity provided by this Section unless
9he or she meets the following minimum age and service
10requirements at the time of retirement:
11        (i) 25 years of eligible creditable service and age 55;
12    or
13        (ii) beginning January 1, 1987, 25 years of eligible
14    creditable service and age 54, or 24 years of eligible
15    creditable service and age 55; or
16        (iii) beginning January 1, 1988, 25 years of eligible
17    creditable service and age 53, or 23 years of eligible
18    creditable service and age 55; or
19        (iv) beginning January 1, 1989, 25 years of eligible
20    creditable service and age 52, or 22 years of eligible
21    creditable service and age 55; or
22        (v) beginning January 1, 1990, 25 years of eligible
23    creditable service and age 51, or 21 years of eligible
24    creditable service and age 55; or
25        (vi) beginning January 1, 1991, 25 years of eligible
26    creditable service and age 50, or 20 years of eligible

 

 

10000HB5611ham002- 72 -LRB100 20507 RJF 37875 a

1    creditable service and age 55.
2    Persons who have service credit under Article 16 of this
3Code for service as a security employee of the Department of
4Corrections or the Department of Juvenile Justice, or the
5Department of Human Services in a position requiring
6certification as a teacher may count such service toward
7establishing their eligibility under the service requirements
8of this Section; but such service may be used only for
9establishing such eligibility, and not for the purpose of
10increasing or calculating any benefit.
11    (e) If a member enters military service while working in a
12position in which eligible creditable service may be earned,
13and returns to State service in the same or another such
14position, and fulfills in all other respects the conditions
15prescribed in this Article for credit for military service,
16such military service shall be credited as eligible creditable
17service for the purposes of the retirement annuity prescribed
18in this Section.
19    (f) For purposes of calculating retirement annuities under
20this Section, periods of service rendered after December 31,
211968 and before October 1, 1975 as a covered employee in the
22position of special agent, conservation police officer, mental
23health police officer, or investigator for the Secretary of
24State, shall be deemed to have been service as a noncovered
25employee, provided that the employee pays to the System prior
26to retirement an amount equal to (1) the difference between the

 

 

10000HB5611ham002- 73 -LRB100 20507 RJF 37875 a

1employee contributions that would have been required for such
2service as a noncovered employee, and the amount of employee
3contributions actually paid, plus (2) if payment is made after
4July 31, 1987, regular interest on the amount specified in item
5(1) from the date of service to the date of payment.
6    For purposes of calculating retirement annuities under
7this Section, periods of service rendered after December 31,
81968 and before January 1, 1982 as a covered employee in the
9position of investigator for the Department of Revenue shall be
10deemed to have been service as a noncovered employee, provided
11that the employee pays to the System prior to retirement an
12amount equal to (1) the difference between the employee
13contributions that would have been required for such service as
14a noncovered employee, and the amount of employee contributions
15actually paid, plus (2) if payment is made after January 1,
161990, regular interest on the amount specified in item (1) from
17the date of service to the date of payment.
18    (g) A State policeman may elect, not later than January 1,
191990, to establish eligible creditable service for up to 10
20years of his service as a policeman under Article 3, by filing
21a written election with the Board, accompanied by payment of an
22amount to be determined by the Board, equal to (i) the
23difference between the amount of employee and employer
24contributions transferred to the System under Section 3-110.5,
25and the amounts that would have been contributed had such
26contributions been made at the rates applicable to State

 

 

10000HB5611ham002- 74 -LRB100 20507 RJF 37875 a

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    Subject to the limitation in subsection (i), a State
5policeman may elect, not later than July 1, 1993, to establish
6eligible creditable service for up to 10 years of his service
7as a member of the County Police Department under Article 9, by
8filing a written election with the Board, accompanied by
9payment of an amount to be determined by the Board, equal to
10(i) the difference between the amount of employee and employer
11contributions transferred to the System under Section 9-121.10
12and the amounts that would have been contributed had those
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    (h) Subject to the limitation in subsection (i), a State
18policeman or investigator for the Secretary of State may elect
19to establish eligible creditable service for up to 12 years of
20his service as a policeman under Article 5, by filing a written
21election with the Board on or before January 31, 1992, and
22paying to the System by January 31, 1994 an amount to be
23determined by the Board, equal to (i) the difference between
24the amount of employee and employer contributions transferred
25to the System under Section 5-236, and the amounts that would
26have been contributed had such contributions been made at the

 

 

10000HB5611ham002- 75 -LRB100 20507 RJF 37875 a

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

 

 

10000HB5611ham002- 76 -LRB100 20507 RJF 37875 a

1the Board, equal to (i) the difference between the amount of
2employee and employer contributions transferred to the System
3under Section 3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4
4and the amounts that would have been contributed had such
5contributions been made at the rates applicable to State
6policemen, plus (ii) interest thereon at the effective rate for
7each year, compounded annually, from the date of service to the
8date of payment.
9    Subject to the limitation in subsection (i), an
10investigator for the Office of the Attorney General, or an
11investigator for the Department of Revenue, may elect to
12establish eligible creditable service for up to 5 years of
13service as a police officer under Article 3, a policeman under
14Article 5, a sheriff's law enforcement employee under Article
157, or a member of the county police department under Article 9
16by filing a written election with the Board within 6 months
17after August 25, 2009 (the effective date of Public Act 96-745)
18and paying to the System an amount to be determined by the
19Board, equal to (i) the difference between the amount of
20employee and employer contributions transferred to the System
21under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the
22amounts that would have been contributed had such contributions
23been made at the rates applicable to State policemen, plus (ii)
24interest thereon at the actuarially assumed rate for each year,
25compounded annually, from the date of service to the date of
26payment.

 

 

10000HB5611ham002- 77 -LRB100 20507 RJF 37875 a

1    Subject to the limitation in subsection (i), a State
2policeman, conservation police officer, investigator for the
3Office of the Attorney General, an investigator for the
4Department of Revenue, or investigator for the Secretary of
5State may elect to establish eligible creditable service for up
6to 5 years of service as a person employed by a participating
7municipality to perform police duties, or law enforcement
8officer employed on a full-time basis by a forest preserve
9district under Article 7, a county corrections officer, or a
10court services officer under Article 9, by filing a written
11election with the Board within 6 months after August 25, 2009
12(the effective date of Public Act 96-745) and paying to the
13System an amount to be determined by the Board, equal to (i)
14the difference between the amount of employee and employer
15contributions transferred to the System under Sections 7-139.8
16and 9-121.10 and the amounts that would have been contributed
17had such contributions been made at the rates applicable to
18State policemen, plus (ii) interest thereon at the actuarially
19assumed rate for each year, compounded annually, from the date
20of service to the date of payment.
21    (i) The total amount of eligible creditable service
22established by any person under subsections (g), (h), (j), (k),
23and (l) of this Section shall not exceed 12 years.
24    (j) Subject to the limitation in subsection (i), an
25investigator for the Office of the State's Attorneys Appellate
26Prosecutor or a controlled substance inspector may elect to

 

 

10000HB5611ham002- 78 -LRB100 20507 RJF 37875 a

1establish eligible creditable service for up to 10 years of his
2service as a policeman under Article 3 or a sheriff's law
3enforcement employee under Article 7, by filing a written
4election with the Board, accompanied by payment of an amount to
5be determined by the Board, equal to (1) the difference between
6the amount of employee and employer contributions transferred
7to the System under Section 3-110.6 or 7-139.8, and the amounts
8that would have been contributed had such contributions been
9made at the rates applicable to State policemen, plus (2)
10interest thereon at the effective rate for each year,
11compounded annually, from the date of service to the date of
12payment.
13    (k) Subject to the limitation in subsection (i) of this
14Section, an alternative formula employee may elect to establish
15eligible creditable service for periods spent as a full-time
16law enforcement officer or full-time corrections officer
17employed by the federal government or by a state or local
18government located outside of Illinois, for which credit is not
19held in any other public employee pension fund or retirement
20system. To obtain this credit, the applicant must file a
21written application with the Board by March 31, 1998,
22accompanied by evidence of eligibility acceptable to the Board
23and payment of an amount to be determined by the Board, equal
24to (1) employee contributions for the credit being established,
25based upon the applicant's salary on the first day as an
26alternative formula employee after the employment for which

 

 

10000HB5611ham002- 79 -LRB100 20507 RJF 37875 a

1credit is being established and the rates then applicable to
2alternative formula employees, plus (2) an amount determined by
3the Board to be the employer's normal cost of the benefits
4accrued for the credit being established, plus (3) regular
5interest on the amounts in items (1) and (2) from the first day
6as an alternative formula employee after the employment for
7which credit is being established to the date of payment.
8    (l) Subject to the limitation in subsection (i), a security
9employee of the Department of Corrections may elect, not later
10than July 1, 1998, to establish eligible creditable service for
11up to 10 years of his or her service as a policeman under
12Article 3, by filing a written election with the Board,
13accompanied by payment of an amount to be determined by the
14Board, equal to (i) the difference between the amount of
15employee and employer contributions transferred to the System
16under Section 3-110.5, and the amounts that would have been
17contributed had such contributions been made at the rates
18applicable to security employees of the Department of
19Corrections, plus (ii) interest thereon at the effective rate
20for each year, compounded annually, from the date of service to
21the date of payment.
22    (m) The amendatory changes to this Section made by this
23amendatory Act of the 94th General Assembly apply only to: (1)
24security employees of the Department of Juvenile Justice
25employed by the Department of Corrections before the effective
26date of this amendatory Act of the 94th General Assembly and

 

 

10000HB5611ham002- 80 -LRB100 20507 RJF 37875 a

1transferred to the Department of Juvenile Justice by this
2amendatory Act of the 94th General Assembly; and (2) persons
3employed by the Department of Juvenile Justice on or after the
4effective date of this amendatory Act of the 94th General
5Assembly who are required by subsection (b) of Section 3-2.5-15
6of the Unified Code of Corrections to have any bachelor's or
7advanced degree from an accredited college or university or, in
8the case of persons who provide vocational training, who are
9required to have adequate knowledge in the skill for which they
10are providing the vocational training.
11    (n) A person employed in a position under subsection (b) of
12this Section who has purchased service credit under subsection
13(j) of Section 14-104 or subsection (b) of Section 14-105 in
14any other capacity under this Article may convert up to 5 years
15of that service credit into service credit covered under this
16Section by paying to the Fund an amount equal to (1) the
17additional employee contribution required under Section
1814-133, plus (2) the additional employer contribution required
19under Section 14-131, plus (3) interest on items (1) and (2) at
20the actuarially assumed rate from the date of the service to
21the date of payment.
22(Source: P.A. 100-19, eff. 1-1-18.)
 
23    (40 ILCS 5/15-106)  (from Ch. 108 1/2, par. 15-106)
24    Sec. 15-106. Employer. "Employer": The University of
25Illinois, Southern Illinois University, Chicago State

 

 

10000HB5611ham002- 81 -LRB100 20507 RJF 37875 a

1University, Eastern Illinois University, Governors State
2University, Illinois State University, Northeastern Illinois
3University, Northern Illinois University, Western Illinois
4University, the State Board of Higher Education, the Illinois
5Mathematics and Science Academy, the University Civil Service
6Merit Board, the Board of Trustees of the State Universities
7Retirement System, the Illinois Community College Board,
8community college boards, any association of community college
9boards organized under Section 3-55 of the Public Community
10College Act, the Board of Examiners established under the
11Illinois Public Accounting Act, and, only during the period for
12which employer contributions required under Section 15-155 are
13paid, the following organizations: the alumni associations,
14the foundations and the athletic associations which are
15affiliated with the universities and colleges included in this
16Section as employers. An individual who begins employment on or
17after the effective date of this amendatory Act of the 99th
18General Assembly with any association of community college
19boards organized under Section 3-55 of the Public Community
20College Act, the Association of Illinois Middle-Grade Schools,
21the Illinois Association of School Administrators, the
22Illinois Association for Supervision and Curriculum
23Development, the Illinois Principals Association, the Illinois
24Association of School Business Officials, the Illinois Special
25Olympics, or an entity not defined as an employer in this
26Section shall not be deemed an employee for the purposes of

 

 

10000HB5611ham002- 82 -LRB100 20507 RJF 37875 a

1this Article with respect to that employment and shall not be
2eligible to participate in the System with respect to that
3employment; provided, however, that those individuals who are
4both employed by such an entity and are participating in the
5System with respect to that employment on the effective date of
6this amendatory Act of the 99th General Assembly shall be
7allowed to continue as participants in the System for the
8duration of that employment.
9    A department as defined in Section 14-103.04 is an employer
10for any person appointed by the Governor under the Civil
11Administrative Code of Illinois who is a participating employee
12as defined in Section 15-109. The Department of Central
13Management Services is an employer with respect to persons
14employed by the State Board of Higher Education in positions
15with the Illinois Century Network as of June 30, 2004 who
16remain continuously employed after that date by the Department
17of Central Management Services in positions with the Illinois
18Century Network, the Bureau of Communication and Computer
19Services, or, if applicable, any successor bureau or the
20Department of Innovation and Technology.
21    The cities of Champaign and Urbana shall be considered
22employers, but only during the period for which contributions
23are required to be made under subsection (b-1) of Section
2415-155 and only with respect to individuals described in
25subsection (h) of Section 15-107.
26(Source: P.A. 99-830, eff. 1-1-17; 99-897, eff. 1-1-17.)
 

 

 

10000HB5611ham002- 83 -LRB100 20507 RJF 37875 a

1    Section 1-955. The Hydraulic Fracturing Regulatory Act is
2amended by changing Section 1-110 as follows:
 
3    (225 ILCS 732/1-110)
4    Sec. 1-110. Public information; website.
5    (a) All information submitted to the Department under this
6Act is deemed public information, except information deemed to
7constitute a trade secret under Section 1-77 of this Act and
8private information and personal information as defined in the
9Freedom of Information Act.
10    (b) To provide the public and concerned citizens with a
11centralized repository of information, the Department, in
12consultation with the Department of Innovation and Technology,
13shall create and maintain a comprehensive website dedicated to
14providing information concerning high volume horizontal
15hydraulic fracturing operations. The website shall contain,
16assemble, and link the documents and information required by
17this Act to be posted on the Department's or other agencies'
18websites. The Department of Innovation and Technology, on
19behalf of the Department, shall also create and maintain an
20online searchable database that provides information related
21to high volume horizontal hydraulic fracturing operations on
22wells that, at a minimum, includes, for each well it permits,
23the identity of its operators, its waste disposal, its chemical
24disclosure information, and any complaints or violations under

 

 

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1this Act. The website created under this Section shall allow
2users to search for completion reports by well name and
3location, dates of fracturing and drilling operations,
4operator, and by chemical additives.
5(Source: P.A. 98-22, eff. 6-17-13; 99-78, eff. 7-20-15.)
 
6    Section 1-960. The Illinois Public Aid Code is amended by
7changing Section 12-10.10 as follows:
 
8    (305 ILCS 5/12-10.10)
9    Sec. 12-10.10. DHS Technology Initiative Fund.
10    (a) The DHS Technology Initiative Fund is hereby created as
11a trust fund within the State treasury with the State Treasurer
12as the ex-officio custodian of the Fund.
13    (b) The Department of Human Services may accept and receive
14grants, awards, gifts, and bequests from any source, public or
15private, in support of information technology initiatives.
16Moneys received in support of information technology
17initiatives, and any interest earned thereon, shall be
18deposited into the DHS Technology Initiative Fund.
19    (c) Moneys in the Fund may be used by the Department of
20Human Services for the purpose of making grants associated with
21the development and implementation of information technology
22projects or paying for operational expenses of the Department
23of Human Services related to such projects.
24    (d) The Department of Human Services, in consultation with

 

 

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1the Department of Innovation and Technology, shall use the
2funds deposited in the DHS Technology Fund to pay for
3information technology solutions either provided by Department
4of Innovation and Technology or arranged or coordinated by the
5Department of Innovation and Technology.
6(Source: P.A. 98-24, eff. 6-19-13.)
 
7    Section 1-965. The Methamphetamine Precursor Tracking Act
8is amended by changing Section 20 as follows:
 
9    (720 ILCS 649/20)
10    Sec. 20. Secure website.
11    (a) The Illinois State Police, in consultation with the
12Department of Innovation and Technology, shall establish a
13secure website for the transmission of electronic transaction
14records and make it available free of charge to covered
15pharmacies.
16    (b) The secure website shall enable covered pharmacies to
17transmit to the Central Repository an electronic transaction
18record each time the pharmacy distributes a targeted
19methamphetamine precursor to a recipient.
20    (c) If the secure website becomes unavailable to a covered
21pharmacy, the covered pharmacy may, during the period in which
22the secure website is not available, continue to distribute
23targeted methamphetamine precursor without using the secure
24website if, during this period, the covered pharmacy maintains

 

 

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1and transmits handwritten logs as described in Sections 20 and
225 of the Methamphetamine Precursor Control Act.
3(Source: P.A. 97-670, eff. 1-19-12.)
 
4
Article 5. Illinois Information Security Improvement

 
5    Section 5-1. Short title. This Article may be cited as the
6Illinois Information Security Improvement Act. References in
7this Article to "this Act" mean this Article.
 
8    Section 5-5. Definitions. As used in this Act:
9    "Critical information system" means any information system
10(including any telecommunications system) used or operated by a
11State agency or by a contractor of a State agency or other
12organization or entity on behalf of a State agency: that
13contains health insurance information, medical information, or
14personal information as defined in the Personal Information
15Protection Act; where the unauthorized disclosure,
16modification, destruction of information in the information
17system could be expected to have a serious, severe, or
18catastrophic adverse effect on State agency operations,
19assets, or individuals; or where the disruption of access to or
20use of the information or information system could be expected
21to have a serious, severe, or catastrophic adverse effect on
22State operations, assets, or individuals.
23    "Department" means the Department of Innovation and

 

 

10000HB5611ham002- 87 -LRB100 20507 RJF 37875 a

1Technology.
2    "Information security" means protecting information and
3information systems from unauthorized access, use, disclosure,
4disruption, modification, or destruction in order to provide:
5integrity, which means guarding against improper information
6modification or destruction, and includes ensuring information
7non-repudiation and authenticity; confidentiality, which means
8preserving authorized restrictions on access and disclosure,
9including means for protecting personal privacy and
10proprietary information; and availability, which means
11ensuring timely and reliable access to and use of information.
12    "Incident" means an occurrence that: actually or
13imminently jeopardizes, without lawful authority, the
14confidentiality, integrity, or availability of information or
15an information system; or constitutes a violation or imminent
16threat of violation of law, security policies, security
17procedures, or acceptable use policies or standard security
18practices.
19    "Information system" means a discrete set of information
20resources organized for the collection, processing,
21maintenance, use, sharing, dissemination, or disposition of
22information created or maintained by or for the State of
23Illinois.
24    "Office" means the Office of the Statewide Chief
25Information Security Officer.
26    "Secretary" means the Secretary of Innovation and

 

 

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1Technology.
2    "Security controls" means the management, operational, and
3technical controls (including safeguards and countermeasures)
4for an information system that protect the confidentiality,
5integrity, and availability of the system and its information.
6    "State agency" means any agency under the jurisdiction of
7the Governor.
 
8    Section 5-10. Purpose. The purposes of this Act are to:
9        (1) provide a comprehensive framework for ensuring the
10    effectiveness of information security controls over
11    information resources that support State agency operations
12    and assets;
13        (2) recognize the critical role of information and
14    information systems in the provision of life, health,
15    safety, and other crucial services to the citizens of the
16    State of Illinois and the risk posed to these services due
17    to the ever-evolving cybersecurity threat;
18        (3) recognize the highly networked nature of the
19    current State of Illinois working environment and provide
20    effective statewide management and oversight of the
21    related information security risks, including coordination
22    of information security efforts across State agencies;
23        (4) provide for the development and maintenance of
24    minimum security controls required to protect State of
25    Illinois information and information systems;

 

 

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1        (5) provide a mechanism for improved oversight of State
2    agency information security programs, including through
3    automated security tools to continuously diagnose and
4    improve security;
5        (6) recognize that information security risk is both a
6    business and public safety issue, and the acceptance of
7    risk is a decision to be made at the executive levels of
8    State government; and
9        (7) ensure a continued and deliberate effort to reduce
10    the risk posed to the State by cyberattacks and other
11    information security incidents that could impact the
12    information security of the State.
 
13    Section 5-15. Office of the Statewide Chief Information
14Security Officer.
15    (a) The Office of the Statewide Chief Information Security
16Officer is established within the Department of Innovation and
17Technology. The Office is directly subordinate to the Secretary
18of Innovation and Technology.
19    (b) The Office shall:
20        (1) serve as the strategic planning, facilitation, and
21    coordination office for information technology security in
22    this State and as the lead and central coordinating entity
23    to guide and oversee the information security functions of
24    State agencies;
25        (2) provide information security services to support

 

 

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1    the secure delivery of State agency services that utilize
2    information systems and to assist State agencies with
3    fulfilling their responsibilities under this Act;
4        (3) conduct information and cybersecurity strategic,
5    operational, and resource planning and facilitating an
6    effective enterprise information security architecture
7    capable of protecting the State;
8        (4) identify information security risks to each State
9    agency, to third-party providers, and to key supply chain
10    partners, including an assessment of the extent to which
11    information resources or processes are vulnerable to
12    unauthorized access or harm, including the extent to which
13    the agency's or contractor's electronically stored
14    information is vulnerable to unauthorized access, use,
15    disclosure, disruption, modification, or destruction, and
16    recommend risk mitigation strategies, methods, and
17    procedures to reduce those risks. These assessments shall
18    also include, but not be limited to, assessments of
19    information systems, computers, printers, software,
20    computer networks, interfaces to computer systems, mobile
21    and peripheral device sensors, and other devices or systems
22    which access the State's network, computer software, and
23    information processing or operational procedures of the
24    agency or of a contractor of the agency.
25        (5) manage the response to information security and
26    information security incidents involving State of Illinois

 

 

10000HB5611ham002- 91 -LRB100 20507 RJF 37875 a

1    information systems and ensure the completeness of
2    information system security plans for critical information
3    systems;
4        (6) conduct pre-deployment information security
5    assessments for critical information systems and submit
6    findings and recommendations to the Secretary and State
7    agency heads;
8        (7) develop and conduct targeted operational
9    evaluations, including threat and vulnerability
10    assessments on information systems;
11        (8) monitor and report compliance of each State agency
12    with State information security policies, standards, and
13    procedures;
14        (9) coordinate statewide information security
15    awareness and training programs; and
16        (10) develop and execute other strategies as necessary
17    to protect this State's information technology
18    infrastructure and the data stored on or transmitted by
19    such infrastructure.
20    (c) The Office may temporarily suspend operation of an
21information system or information technology infrastructure
22that is owned, leased, outsourced, or shared by one or more
23State agencies in order to isolate the source of, or stop the
24spread of, an information security breach or other similar
25information security incident. State agencies shall comply
26with directives to temporarily discontinue or suspend

 

 

10000HB5611ham002- 92 -LRB100 20507 RJF 37875 a

1operations of information systems or information technology
2infrastructure.
 
3    Section 5-20. Statewide Chief Information Security
4Officer. The position of Statewide Chief Information Security
5Officer is established within the Office. The Secretary shall
6appoint a Statewide Chief Information Security Officer who
7shall serve at the pleasure of the Secretary. The Statewide
8Chief Information Security Officer shall report to and be under
9the supervision of the Secretary. The Statewide Chief
10Information Security Officer shall exhibit a background and
11experience in information security, information technology, or
12risk management, or exhibit other appropriate expertise
13required to fulfill the duties of the Statewide Chief
14Information Security Officer. If the Statewide Chief
15Information Security Officer is unable or unavailable to
16perform the duties and responsibilities under Section 25, all
17powers and authority granted to the Statewide Chief Information
18Security Officer may be exercised by the Secretary or his or
19her designee.
 
20    Section 5-25. Responsibilities.
21    (a) The Secretary shall:
22        (1) appoint a Statewide Chief Information Security
23    Officer pursuant to Section 20;
24        (2) provide the Office with the staffing and resources

 

 

10000HB5611ham002- 93 -LRB100 20507 RJF 37875 a

1    deemed necessary by the Secretary to fulfill the
2    responsibilities of the Office;
3        (3) oversee statewide information security policies
4    and practices, including:
5            (A) directing and overseeing the development,
6        implementation, and communication of statewide
7        information security policies, standards, and
8        guidelines;
9            (B) overseeing the education of State agency
10        personnel regarding the requirement to identify and
11        provide information security protections commensurate
12        with the risk and magnitude of the harm resulting from
13        the unauthorized access, use, disclosure, disruption,
14        modification, or destruction of information in a
15        critical information system;
16            (C) overseeing the development and implementation
17        of a statewide information security risk management
18        program;
19            (D) overseeing State agency compliance with the
20        requirements of this Section;
21            (E) coordinating Information Security policies and
22        practices with related information and personnel
23        resources management policies and procedures; and
24            (F) providing an effective and efficient process
25        to assist State agencies with complying with the
26        requirements of this Act.

 

 

10000HB5611ham002- 94 -LRB100 20507 RJF 37875 a

1    (b) The Statewide Chief Information Security Officer
2shall:
3        (1) serve as the head of the Office and ensure the
4    execution of the responsibilities of the Office as set
5    forth in subsection (c) of Section 15, the Statewide Chief
6    Information Security Officer shall also oversee State
7    agency personnel with significant responsibilities for
8    information security and ensure a competent workforce that
9    keeps pace with the changing information security
10    environment;
11        (2) develop and recommend information security
12    policies, standards, procedures, and guidelines to the
13    Secretary for statewide adoption and monitor compliance
14    with these policies, standards, guidelines, and procedures
15    through periodic testing;
16        (3) develop and maintain risk-based, cost-effective
17    information security programs and control techniques to
18    address all applicable security and compliance
19    requirements throughout the life cycle of State agency
20    information systems;
21        (4) establish the procedures, processes, and
22    technologies to rapidly and effectively identify threats,
23    risks, and vulnerabilities to State information systems,
24    and ensure the prioritization of the remediation of
25    vulnerabilities that pose risk to the State;
26        (5) develop and implement capabilities and procedures

 

 

10000HB5611ham002- 95 -LRB100 20507 RJF 37875 a

1    for detecting, reporting, and responding to information
2    security incidents;
3        (6) establish and direct a statewide information
4    security risk management program to identify information
5    security risks in State agencies and deploy risk mitigation
6    strategies, processes, and procedures;
7        (7) establish the State's capability to sufficiently
8    protect the security of data through effective information
9    system security planning, secure system development,
10    acquisition, and deployment, the application of protective
11    technologies and information system certification,
12    accreditation, and assessments;
13        (8) ensure that State agency personnel, including
14    contractors, are appropriately screened and receive
15    information security awareness training;
16        (9) convene meetings with agency heads and other State
17    officials to help ensure:
18            (A) the ongoing communication of risk and risk
19        reduction strategies,
20            (B) effective implementation of information
21        security policies and practices, and
22            (C) the incorporation of and compliance with
23        information security policies, standards, and
24        guidelines into the policies and procedures of the
25        agencies;
26        (10) provide operational and technical assistance to

 

 

10000HB5611ham002- 96 -LRB100 20507 RJF 37875 a

1    State agencies in implementing policies, principles,
2    standards, and guidelines on information security,
3    including implementation of standards promulgated under
4    subparagraph (A) of paragraph (3) of subsection (a) of this
5    Section, and provide assistance and effective and
6    efficient means for State agencies to comply with the State
7    agency requirements under this Act;
8        (11) in coordination and consultation with the
9    Secretary and the Governor's Office of Management and
10    Budget, review State agency budget requests related to
11    Information Security systems and provide recommendations
12    to the Governor's Office of Management and Budget;
13        (12) ensure the preparation and maintenance of plans
14    and procedures to provide cyber resilience and continuity
15    of operations for critical information systems that
16    support the operations of the State; and
17        (13) take such other actions as the Secretary may
18    direct.
 
19
Article 99.

 
20    Section 99-95. No acceleration or delay. Where this Act
21makes changes in a statute that is represented in this Act by
22text that is not yet or no longer in effect (for example, a
23Section represented by multiple versions), the use of that text
24does not accelerate or delay the taking effect of (i) the

 

 

10000HB5611ham002- 97 -LRB100 20507 RJF 37875 a

1changes made by this Act or (ii) provisions derived from any
2other Public Act.
 
3    Section 99-97. Severability. The provisions of this Act are
4severable under Section 1.31 of the Statute on Statutes.
 
5    Section 99-99. Effective date. This Act takes effect upon
6becoming law.".