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

HB5611ham004 100TH GENERAL ASSEMBLY

Rep. Jaime M. Andrade, Jr.

Filed: 4/12/2018

 

 


 

 


 
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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

 

 

10000HB5611ham004- 24 -LRB100 20507 RJF 38347 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

 

 

10000HB5611ham004- 25 -LRB100 20507 RJF 38347 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

 

 

10000HB5611ham004- 26 -LRB100 20507 RJF 38347 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

 

 

10000HB5611ham004- 27 -LRB100 20507 RJF 38347 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,

 

 

10000HB5611ham004- 28 -LRB100 20507 RJF 38347 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.

 

 

10000HB5611ham004- 29 -LRB100 20507 RJF 38347 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

 

 

10000HB5611ham004- 30 -LRB100 20507 RJF 38347 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

 

 

10000HB5611ham004- 31 -LRB100 20507 RJF 38347 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,

 

 

10000HB5611ham004- 32 -LRB100 20507 RJF 38347 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

 

 

10000HB5611ham004- 33 -LRB100 20507 RJF 38347 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

 

 

10000HB5611ham004- 34 -LRB100 20507 RJF 38347 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

 

 

10000HB5611ham004- 35 -LRB100 20507 RJF 38347 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

 

 

10000HB5611ham004- 36 -LRB100 20507 RJF 38347 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:
 

 

 

10000HB5611ham004- 37 -LRB100 20507 RJF 38347 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)

 

 

10000HB5611ham004- 38 -LRB100 20507 RJF 38347 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

 

 

10000HB5611ham004- 39 -LRB100 20507 RJF 38347 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;

 

 

10000HB5611ham004- 40 -LRB100 20507 RJF 38347 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

 

 

10000HB5611ham004- 41 -LRB100 20507 RJF 38347 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

 

 

10000HB5611ham004- 42 -LRB100 20507 RJF 38347 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.

 

 

10000HB5611ham004- 43 -LRB100 20507 RJF 38347 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

 

 

10000HB5611ham004- 44 -LRB100 20507 RJF 38347 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

 

 

10000HB5611ham004- 45 -LRB100 20507 RJF 38347 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

 

 

10000HB5611ham004- 46 -LRB100 20507 RJF 38347 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

 

 

10000HB5611ham004- 47 -LRB100 20507 RJF 38347 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

 

 

10000HB5611ham004- 48 -LRB100 20507 RJF 38347 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

 

 

10000HB5611ham004- 49 -LRB100 20507 RJF 38347 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, 14-152.1, and 15-106 as
23follows:
 
24    (40 ILCS 5/1-160)

 

 

10000HB5611ham004- 50 -LRB100 20507 RJF 38347 a

1    Sec. 1-160. Provisions applicable to new hires.
2    (a) The provisions of this Section apply to a person who,
3on or after January 1, 2011, first becomes a member or a
4participant under any reciprocal retirement system or pension
5fund established under this Code, other than a retirement
6system or pension fund established under Article 2, 3, 4, 5, 6,
715 or 18 of this Code, notwithstanding any other provision of
8this Code to the contrary, but do not apply to any self-managed
9plan established under this Code, to any person with respect to
10service as a sheriff's law enforcement employee under Article
117, or to any participant of the retirement plan established
12under Section 22-101. Notwithstanding anything to the contrary
13in this Section, for purposes of this Section, a person who
14participated in a retirement system under Article 15 prior to
15January 1, 2011 shall be deemed a person who first became a
16member or participant prior to January 1, 2011 under any
17retirement system or pension fund subject to this Section. The
18changes made to this Section by Public Act 98-596 are a
19clarification of existing law and are intended to be
20retroactive to January 1, 2011 (the effective date of Public
21Act 96-889), notwithstanding the provisions of Section 1-103.1
22of this Code.
23    This Section does not apply to a person who first becomes a
24noncovered employee under Article 14 on or after the
25implementation date of the plan created under Section 1-161 for
26that Article, unless that person elects under subsection (b) of

 

 

10000HB5611ham004- 51 -LRB100 20507 RJF 38347 a

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

 

 

10000HB5611ham004- 52 -LRB100 20507 RJF 38347 a

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

 

 

10000HB5611ham004- 53 -LRB100 20507 RJF 38347 a

1    For the purposes of this Section, "consumer price index-u"
2means the index published by the Bureau of Labor Statistics of
3the United States Department of Labor that measures the average
4change in prices of goods and services purchased by all urban
5consumers, United States city average, all items, 1982-84 =
6100. The new amount resulting from each annual adjustment shall
7be determined by the Public Pension Division of the Department
8of Insurance and made available to the boards of the retirement
9systems and pension funds by November 1 of each year.
10    (c) A member or participant is entitled to a retirement
11annuity upon written application if he or she has attained age
1267 (beginning January 1, 2015, age 65 with respect to service
13under Article 12 of this Code that is subject to this Section)
14and has at least 10 years of service credit and is otherwise
15eligible under the requirements of the applicable Article.
16    A member or participant who has attained age 62 (beginning
17January 1, 2015, age 60 with respect to service under Article
1812 of this Code that is subject to this Section) and has at
19least 10 years of service credit and is otherwise eligible
20under the requirements of the applicable Article may elect to
21receive the lower retirement annuity provided in subsection (d)
22of this Section.
23    (c-5) A person who first becomes a member or a participant
24under Article 8 or Article 11 of this Code on or after the
25effective date of this amendatory Act of the 100th General
26Assembly, notwithstanding any other provision of this Code to

 

 

10000HB5611ham004- 54 -LRB100 20507 RJF 38347 a

1the contrary, is entitled to a retirement annuity upon written
2application if he or she has attained age 65 and has at least
310 years of service credit under Article 8 or Article 11 of
4this Code and is otherwise eligible under the requirements of
5Article 8 or Article 11 of this Code, whichever is applicable.
6    (d) The retirement annuity of a member or participant who
7is retiring after attaining age 62 (beginning January 1, 2015,
8age 60 with respect to service under Article 12 of this Code
9that is subject to this Section) with at least 10 years of
10service credit shall be reduced by one-half of 1% for each full
11month that the member's age is under age 67 (beginning January
121, 2015, age 65 with respect to service under Article 12 of
13this Code that is subject to this Section).
14    (d-5) The retirement annuity of a person who first becomes
15a member or a participant under Article 8 or Article 11 of this
16Code on or after the effective date of this amendatory Act of
17the 100th General Assembly who is retiring at age 60 with at
18least 10 years of service credit under Article 8 or Article 11
19shall be reduced by one-half of 1% for each full month that the
20member's age is under age 65.
21    (d-10) Each person who first became a member or participant
22under Article 8 or Article 11 of this Code on or after January
231, 2011 and prior to the effective date of this amendatory Act
24of the 100th General Assembly shall make an irrevocable
25election either:
26        (i) to be eligible for the reduced retirement age

 

 

10000HB5611ham004- 55 -LRB100 20507 RJF 38347 a

1    provided in subsections (c-5) and (d-5) of this Section,
2    the eligibility for which is conditioned upon the member or
3    participant agreeing to the increases in employee
4    contributions for age and service annuities provided in
5    subsection (a-5) of Section 8-174 of this Code (for service
6    under Article 8) or subsection (a-5) of Section 11-170 of
7    this Code (for service under Article 11); or
8        (ii) to not agree to item (i) of this subsection
9    (d-10), in which case the member or participant shall
10    continue to be subject to the retirement age provisions in
11    subsections (c) and (d) of this Section and the employee
12    contributions for age and service annuity as provided in
13    subsection (a) of Section 8-174 of this Code (for service
14    under Article 8) or subsection (a) of Section 11-170 of
15    this Code (for service under Article 11).
16    The election provided for in this subsection shall be made
17between October 1, 2017 and November 15, 2017. A person subject
18to this subsection who makes the required election shall remain
19bound by that election. A person subject to this subsection who
20fails for any reason to make the required election within the
21time specified in this subsection shall be deemed to have made
22the election under item (ii).
23    (e) Any retirement annuity or supplemental annuity shall be
24subject to annual increases on the January 1 occurring either
25on or after the attainment of age 67 (beginning January 1,
262015, age 65 with respect to service under Article 12 of this

 

 

10000HB5611ham004- 56 -LRB100 20507 RJF 38347 a

1Code that is subject to this Section and beginning on the
2effective date of this amendatory Act of the 100th General
3Assembly, age 65 with respect to persons who: (i) first became
4members or participants under Article 8 or Article 11 of this
5Code on or after the effective date of this amendatory Act of
6the 100th General Assembly; or (ii) first became members or
7participants under Article 8 or Article 11 of this Code on or
8after January 1, 2011 and before the effective date of this
9amendatory Act of the 100th General Assembly and made the
10election under item (i) of subsection (d-10) of this Section)
11or the first anniversary of the annuity start date, whichever
12is later. Each annual increase shall be calculated at 3% or
13one-half the annual unadjusted percentage increase (but not
14less than zero) in the consumer price index-u for the 12 months
15ending with the September preceding each November 1, whichever
16is less, of the originally granted retirement annuity. If the
17annual unadjusted percentage change in the consumer price
18index-u for the 12 months ending with the September preceding
19each November 1 is zero or there is a decrease, then the
20annuity shall not be increased.
21    For the purposes of Section 1-103.1 of this Code, the
22changes made to this Section by this amendatory Act of the
23100th General Assembly are applicable without regard to whether
24the employee was in active service on or after the effective
25date of this amendatory Act of the 100th General Assembly.
26    (f) The initial survivor's or widow's annuity of an

 

 

10000HB5611ham004- 57 -LRB100 20507 RJF 38347 a

1otherwise eligible survivor or widow of a retired member or
2participant who first became a member or participant on or
3after January 1, 2011 shall be in the amount of 66 2/3% of the
4retired member's or participant's retirement annuity at the
5date of death. In the case of the death of a member or
6participant who has not retired and who first became a member
7or participant on or after January 1, 2011, eligibility for a
8survivor's or widow's annuity shall be determined by the
9applicable Article of this Code. The initial benefit shall be
1066 2/3% of the earned annuity without a reduction due to age. A
11child's annuity of an otherwise eligible child shall be in the
12amount prescribed under each Article if applicable. Any
13survivor's or widow's annuity shall be increased (1) on each
14January 1 occurring on or after the commencement of the annuity
15if the deceased member died while receiving a retirement
16annuity or (2) in other cases, on each January 1 occurring
17after the first anniversary of the commencement of the annuity.
18Each annual increase shall be calculated at 3% or one-half the
19annual unadjusted percentage increase (but not less than zero)
20in the consumer price index-u for the 12 months ending with the
21September preceding each November 1, whichever is less, of the
22originally granted survivor's annuity. If the annual
23unadjusted percentage change in the consumer price index-u for
24the 12 months ending with the September preceding each November
251 is zero or there is a decrease, then the annuity shall not be
26increased.

 

 

10000HB5611ham004- 58 -LRB100 20507 RJF 38347 a

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

 

 

10000HB5611ham004- 59 -LRB100 20507 RJF 38347 a

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

 

 

10000HB5611ham004- 60 -LRB100 20507 RJF 38347 a

1100-563, eff. 12-8-17.)
 
2    (40 ILCS 5/14-110)  (from Ch. 108 1/2, par. 14-110)
3    Sec. 14-110. Alternative retirement annuity.
4    (a) Any member who has withdrawn from service with not less
5than 20 years of eligible creditable service and has attained
6age 55, and any member who has withdrawn from service with not
7less than 25 years of eligible creditable service and has
8attained age 50, regardless of whether the attainment of either
9of the specified ages occurs while the member is still in
10service, shall be entitled to receive at the option of the
11member, in lieu of the regular or minimum retirement annuity, a
12retirement annuity computed as follows:
13        (i) for periods of service as a noncovered employee: if
14    retirement occurs on or after January 1, 2001, 3% of final
15    average compensation for each year of creditable service;
16    if retirement occurs before January 1, 2001, 2 1/4% of
17    final average compensation for each of the first 10 years
18    of creditable service, 2 1/2% for each year above 10 years
19    to and including 20 years of creditable service, and 2 3/4%
20    for each year of creditable service above 20 years; and
21        (ii) for periods of eligible creditable service as a
22    covered employee: if retirement occurs on or after January
23    1, 2001, 2.5% of final average compensation for each year
24    of creditable service; if retirement occurs before January
25    1, 2001, 1.67% of final average compensation for each of

 

 

10000HB5611ham004- 61 -LRB100 20507 RJF 38347 a

1    the first 10 years of such service, 1.90% for each of the
2    next 10 years of such service, 2.10% for each year of such
3    service in excess of 20 but not exceeding 30, and 2.30% for
4    each year in excess of 30.
5    Such annuity shall be subject to a maximum of 75% of final
6average compensation if retirement occurs before January 1,
72001 or to a maximum of 80% of final average compensation if
8retirement occurs on or after January 1, 2001.
9    These rates shall not be applicable to any service
10performed by a member as a covered employee which is not
11eligible creditable service. Service as a covered employee
12which is not eligible creditable service shall be subject to
13the rates and provisions of Section 14-108.
14    (b) For the purpose of this Section, "eligible creditable
15service" means creditable service resulting from service in one
16or more of the following positions:
17        (1) State policeman;
18        (2) fire fighter in the fire protection service of a
19    department;
20        (3) air pilot;
21        (4) special agent;
22        (5) investigator for the Secretary of State;
23        (6) conservation police officer;
24        (7) investigator for the Department of Revenue or the
25    Illinois Gaming Board;
26        (8) security employee of the Department of Human

 

 

10000HB5611ham004- 62 -LRB100 20507 RJF 38347 a

1    Services;
2        (9) Central Management Services security police
3    officer;
4        (10) security employee of the Department of
5    Corrections or the Department of Juvenile Justice;
6        (11) dangerous drugs investigator;
7        (12) investigator for the Department of State Police;
8        (13) investigator for the Office of the Attorney
9    General;
10        (14) controlled substance inspector;
11        (15) investigator for the Office of the State's
12    Attorneys Appellate Prosecutor;
13        (16) Commerce Commission police officer;
14        (17) arson investigator;
15        (18) State highway maintenance worker; .
16        (19) security employee of the Department of Innovation
17    and Technology; or
18        (20) transferred employee.
19    A person employed in one of the positions specified in this
20subsection is entitled to eligible creditable service for
21service credit earned under this Article while undergoing the
22basic police training course approved by the Illinois Law
23Enforcement Training Standards Board, if completion of that
24training is required of persons serving in that position. For
25the purposes of this Code, service during the required basic
26police training course shall be deemed performance of the

 

 

10000HB5611ham004- 63 -LRB100 20507 RJF 38347 a

1duties of the specified position, even though the person is not
2a sworn peace officer at the time of the training.
3    A person under paragraph (20) is entitled to eligible
4creditable service for service credit earned under this Article
5on and after his or her transfer by Executive Order No.
62003-10, Executive Order No. 2004-2, or Executive Order No.
72016-1.
8    (c) For the purposes of this Section:
9        (1) The term "State policeman" includes any title or
10    position in the Department of State Police that is held by
11    an individual employed under the State Police Act.
12        (2) The term "fire fighter in the fire protection
13    service of a department" includes all officers in such fire
14    protection service including fire chiefs and assistant
15    fire chiefs.
16        (3) The term "air pilot" includes any employee whose
17    official job description on file in the Department of
18    Central Management Services, or in the department by which
19    he is employed if that department is not covered by the
20    Personnel Code, states that his principal duty is the
21    operation of aircraft, and who possesses a pilot's license;
22    however, the change in this definition made by this
23    amendatory Act of 1983 shall not operate to exclude any
24    noncovered employee who was an "air pilot" for the purposes
25    of this Section on January 1, 1984.
26        (4) The term "special agent" means any person who by

 

 

10000HB5611ham004- 64 -LRB100 20507 RJF 38347 a

1    reason of employment by the Division of Narcotic Control,
2    the Bureau of Investigation or, after July 1, 1977, the
3    Division of Criminal Investigation, the Division of
4    Internal Investigation, the Division of Operations, or any
5    other Division or organizational entity in the Department
6    of State Police is vested by law with duties to maintain
7    public order, investigate violations of the criminal law of
8    this State, enforce the laws of this State, make arrests
9    and recover property. The term "special agent" includes any
10    title or position in the Department of State Police that is
11    held by an individual employed under the State Police Act.
12        (5) The term "investigator for the Secretary of State"
13    means any person employed by the Office of the Secretary of
14    State and vested with such investigative duties as render
15    him ineligible for coverage under the Social Security Act
16    by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
17    218(l)(1) of that Act.
18        A person who became employed as an investigator for the
19    Secretary of State between January 1, 1967 and December 31,
20    1975, and who has served as such until attainment of age
21    60, either continuously or with a single break in service
22    of not more than 3 years duration, which break terminated
23    before January 1, 1976, shall be entitled to have his
24    retirement annuity calculated in accordance with
25    subsection (a), notwithstanding that he has less than 20
26    years of credit for such service.

 

 

10000HB5611ham004- 65 -LRB100 20507 RJF 38347 a

1        (6) The term "Conservation Police Officer" means any
2    person employed by the Division of Law Enforcement of the
3    Department of Natural Resources and vested with such law
4    enforcement duties as render him ineligible for coverage
5    under the Social Security Act by reason of Sections
6    218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of that Act. The
7    term "Conservation Police Officer" includes the positions
8    of Chief Conservation Police Administrator and Assistant
9    Conservation Police Administrator.
10        (7) The term "investigator for the Department of
11    Revenue" means any person employed by the Department of
12    Revenue and vested with such investigative duties as render
13    him ineligible for coverage under the Social Security Act
14    by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
15    218(l)(1) of that Act.
16        The term "investigator for the Illinois Gaming Board"
17    means any person employed as such by the Illinois Gaming
18    Board and vested with such peace officer duties as render
19    the person ineligible for coverage under the Social
20    Security Act by reason of Sections 218(d)(5)(A),
21    218(d)(8)(D), and 218(l)(1) of that Act.
22        (8) The term "security employee of the Department of
23    Human Services" means any person employed by the Department
24    of Human Services who (i) is employed at the Chester Mental
25    Health Center and has daily contact with the residents
26    thereof, (ii) is employed within a security unit at a

 

 

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1    facility operated by the Department and has daily contact
2    with the residents of the security unit, (iii) is employed
3    at a facility operated by the Department that includes a
4    security unit and is regularly scheduled to work at least
5    50% of his or her working hours within that security unit,
6    or (iv) is a mental health police officer. "Mental health
7    police officer" means any person employed by the Department
8    of Human Services in a position pertaining to the
9    Department's mental health and developmental disabilities
10    functions who is vested with such law enforcement duties as
11    render the person ineligible for coverage under the Social
12    Security Act by reason of Sections 218(d)(5)(A),
13    218(d)(8)(D) and 218(l)(1) of that Act. "Security unit"
14    means that portion of a facility that is devoted to the
15    care, containment, and treatment of persons committed to
16    the Department of Human Services as sexually violent
17    persons, persons unfit to stand trial, or persons not
18    guilty by reason of insanity. With respect to past
19    employment, references to the Department of Human Services
20    include its predecessor, the Department of Mental Health
21    and Developmental Disabilities.
22        The changes made to this subdivision (c)(8) by Public
23    Act 92-14 apply to persons who retire on or after January
24    1, 2001, notwithstanding Section 1-103.1.
25        (9) "Central Management Services security police
26    officer" means any person employed by the Department of

 

 

10000HB5611ham004- 67 -LRB100 20507 RJF 38347 a

1    Central Management Services who is vested with such law
2    enforcement duties as render him ineligible for coverage
3    under the Social Security Act by reason of Sections
4    218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
5        (10) For a member who first became an employee under
6    this Article before July 1, 2005, the term "security
7    employee of the Department of Corrections or the Department
8    of Juvenile Justice" means any employee of the Department
9    of Corrections or the Department of Juvenile Justice or the
10    former Department of Personnel, and any member or employee
11    of the Prisoner Review Board, who has daily contact with
12    inmates or youth by working within a correctional facility
13    or Juvenile facility operated by the Department of Juvenile
14    Justice or who is a parole officer or an employee who has
15    direct contact with committed persons in the performance of
16    his or her job duties. For a member who first becomes an
17    employee under this Article on or after July 1, 2005, the
18    term means an employee of the Department of Corrections or
19    the Department of Juvenile Justice who is any of the
20    following: (i) officially headquartered at a correctional
21    facility or Juvenile facility operated by the Department of
22    Juvenile Justice, (ii) a parole officer, (iii) a member of
23    the apprehension unit, (iv) a member of the intelligence
24    unit, (v) a member of the sort team, or (vi) an
25    investigator.
26        (11) The term "dangerous drugs investigator" means any

 

 

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

 

 

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1    Executive of Enforcement and the Assistant Program
2    Executive of Enforcement.
3        (15) The term "investigator for the Office of the
4    State's Attorneys Appellate Prosecutor" means a person
5    employed in that capacity on a full time basis under the
6    authority of Section 7.06 of the State's Attorneys
7    Appellate Prosecutor's Act.
8        (16) "Commerce Commission police officer" means any
9    person employed by the Illinois Commerce Commission who is
10    vested with such law enforcement duties as render him
11    ineligible for coverage under the Social Security Act by
12    reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
13    218(l)(1) of that Act.
14        (17) "Arson investigator" means any person who is
15    employed as such by the Office of the State Fire Marshal
16    and is vested with such law enforcement duties as render
17    the person ineligible for coverage under the Social
18    Security Act by reason of Sections 218(d)(5)(A),
19    218(d)(8)(D), and 218(l)(1) of that Act. A person who was
20    employed as an arson investigator on January 1, 1995 and is
21    no longer in service but not yet receiving a retirement
22    annuity may convert his or her creditable service for
23    employment as an arson investigator into eligible
24    creditable service by paying to the System the difference
25    between the employee contributions actually paid for that
26    service and the amounts that would have been contributed if

 

 

10000HB5611ham004- 70 -LRB100 20507 RJF 38347 a

1    the applicant were contributing at the rate applicable to
2    persons with the same social security status earning
3    eligible creditable service on the date of application.
4        (18) The term "State highway maintenance worker" means
5    a person who is either of the following:
6            (i) A person employed on a full-time basis by the
7        Illinois Department of Transportation in the position
8        of highway maintainer, highway maintenance lead
9        worker, highway maintenance lead/lead worker, heavy
10        construction equipment operator, power shovel
11        operator, or bridge mechanic; and whose principal
12        responsibility is to perform, on the roadway, the
13        actual maintenance necessary to keep the highways that
14        form a part of the State highway system in serviceable
15        condition for vehicular traffic.
16            (ii) A person employed on a full-time basis by the
17        Illinois State Toll Highway Authority in the position
18        of equipment operator/laborer H-4, equipment
19        operator/laborer H-6, welder H-4, welder H-6,
20        mechanical/electrical H-4, mechanical/electrical H-6,
21        water/sewer H-4, water/sewer H-6, sign maker/hanger
22        H-4, sign maker/hanger H-6, roadway lighting H-4,
23        roadway lighting H-6, structural H-4, structural H-6,
24        painter H-4, or painter H-6; and whose principal
25        responsibility is to perform, on the roadway, the
26        actual maintenance necessary to keep the Authority's

 

 

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

 

 

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1        (ii) beginning January 1, 1987, 25 years of eligible
2    creditable service and age 54, or 24 years of eligible
3    creditable service and age 55; or
4        (iii) beginning January 1, 1988, 25 years of eligible
5    creditable service and age 53, or 23 years of eligible
6    creditable service and age 55; or
7        (iv) beginning January 1, 1989, 25 years of eligible
8    creditable service and age 52, or 22 years of eligible
9    creditable service and age 55; or
10        (v) beginning January 1, 1990, 25 years of eligible
11    creditable service and age 51, or 21 years of eligible
12    creditable service and age 55; or
13        (vi) beginning January 1, 1991, 25 years of eligible
14    creditable service and age 50, or 20 years of eligible
15    creditable service and age 55.
16    Persons who have service credit under Article 16 of this
17Code for service as a security employee of the Department of
18Corrections or the Department of Juvenile Justice, or the
19Department of Human Services in a position requiring
20certification as a teacher may count such service toward
21establishing their eligibility under the service requirements
22of this Section; but such service may be used only for
23establishing such eligibility, and not for the purpose of
24increasing or calculating any benefit.
25    (e) If a member enters military service while working in a
26position in which eligible creditable service may be earned,

 

 

10000HB5611ham004- 73 -LRB100 20507 RJF 38347 a

1and returns to State service in the same or another such
2position, and fulfills in all other respects the conditions
3prescribed in this Article for credit for military service,
4such military service shall be credited as eligible creditable
5service for the purposes of the retirement annuity prescribed
6in this Section.
7    (f) For purposes of calculating retirement annuities under
8this Section, periods of service rendered after December 31,
91968 and before October 1, 1975 as a covered employee in the
10position of special agent, conservation police officer, mental
11health police officer, or investigator for the Secretary of
12State, shall be deemed to have been service as a noncovered
13employee, provided that the employee pays to the System prior
14to retirement an amount equal to (1) the difference between the
15employee contributions that would have been required for such
16service as a noncovered employee, and the amount of employee
17contributions actually paid, plus (2) if payment is made after
18July 31, 1987, regular interest on the amount specified in item
19(1) from the date of service to the date of payment.
20    For purposes of calculating retirement annuities under
21this Section, periods of service rendered after December 31,
221968 and before January 1, 1982 as a covered employee in the
23position of investigator for the Department of Revenue shall be
24deemed to have been service as a noncovered employee, provided
25that the employee pays to the System prior to retirement an
26amount equal to (1) the difference between the employee

 

 

10000HB5611ham004- 74 -LRB100 20507 RJF 38347 a

1contributions that would have been required for such service as
2a noncovered employee, and the amount of employee contributions
3actually paid, plus (2) if payment is made after January 1,
41990, regular interest on the amount specified in item (1) from
5the date of service to the date of payment.
6    (g) A State policeman may elect, not later than January 1,
71990, to establish eligible creditable service for up to 10
8years of his service as a policeman under Article 3, by filing
9a written election with the Board, accompanied by payment of an
10amount to be determined by the Board, equal to (i) the
11difference between the amount of employee and employer
12contributions transferred to the System under Section 3-110.5,
13and the amounts that would have been contributed had such
14contributions been made at the rates applicable to State
15policemen, plus (ii) interest thereon at the effective rate for
16each year, compounded annually, from the date of service to the
17date of payment.
18    Subject to the limitation in subsection (i), a State
19policeman may elect, not later than July 1, 1993, to establish
20eligible creditable service for up to 10 years of his service
21as a member of the County Police Department under Article 9, by
22filing a written election with the Board, accompanied by
23payment of an amount to be determined by the Board, equal to
24(i) the difference between the amount of employee and employer
25contributions transferred to the System under Section 9-121.10
26and the amounts that would have been contributed had those

 

 

10000HB5611ham004- 75 -LRB100 20507 RJF 38347 a

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

 

 

10000HB5611ham004- 76 -LRB100 20507 RJF 38347 a

1to the System under Section 7-139.7, and the amounts that would
2have been contributed had such contributions been made at the
3rates applicable to State policemen, plus (ii) interest thereon
4at the effective rate for each year, compounded annually, from
5the date of service to the date of payment.
6    Subject to the limitation in subsection (i), a State
7policeman, conservation police officer, or investigator for
8the Secretary of State may elect to establish eligible
9creditable service for up to 5 years of service as a police
10officer under Article 3, a policeman under Article 5, a
11sheriff's law enforcement employee under Article 7, a member of
12the county police department under Article 9, or a police
13officer under Article 15 by filing a written election with the
14Board and paying to the System an amount to be determined by
15the Board, equal to (i) the difference between the amount of
16employee and employer contributions transferred to the System
17under Section 3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4
18and the amounts that would have been contributed had such
19contributions been made at the rates applicable to State
20policemen, plus (ii) interest thereon at the effective rate for
21each year, compounded annually, from the date of service to the
22date of payment.
23    Subject to the limitation in subsection (i), an
24investigator for the Office of the Attorney General, or an
25investigator for the Department of Revenue, may elect to
26establish eligible creditable service for up to 5 years of

 

 

10000HB5611ham004- 77 -LRB100 20507 RJF 38347 a

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

 

 

10000HB5611ham004- 78 -LRB100 20507 RJF 38347 a

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

 

 

10000HB5611ham004- 79 -LRB100 20507 RJF 38347 a

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

 

 

10000HB5611ham004- 80 -LRB100 20507 RJF 38347 a

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

 

 

10000HB5611ham004- 81 -LRB100 20507 RJF 38347 a

1(j) of Section 14-104 or subsection (b) of Section 14-105 in
2any other capacity under this Article may convert up to 5 years
3of that service credit into service credit covered under this
4Section by paying to the Fund an amount equal to (1) the
5additional employee contribution required under Section
614-133, plus (2) the additional employer contribution required
7under Section 14-131, plus (3) interest on items (1) and (2) at
8the actuarially assumed rate from the date of the service to
9the date of payment.
10(Source: P.A. 100-19, eff. 1-1-18.)
 
11    (40 ILCS 5/14-152.1)
12    Sec. 14-152.1. Application and expiration of new benefit
13increases.
14    (a) As used in this Section, "new benefit increase" means
15an increase in the amount of any benefit provided under this
16Article, or an expansion of the conditions of eligibility for
17any benefit under this Article, that results from an amendment
18to this Code that takes effect after June 1, 2005 (the
19effective date of Public Act 94-4). "New benefit increase",
20however, does not include any benefit increase resulting from
21the changes made to Article 1 or this Article by Public Act
2296-37, Public Act 100-23, or this amendatory Act of the 100th
23General Assembly or by this amendatory Act of the 100th General
24Assembly.
25    (b) Notwithstanding any other provision of this Code or any

 

 

10000HB5611ham004- 82 -LRB100 20507 RJF 38347 a

1subsequent amendment to this Code, every new benefit increase
2is subject to this Section and shall be deemed to be granted
3only in conformance with and contingent upon compliance with
4the provisions of this Section.
5    (c) The Public Act enacting a new benefit increase must
6identify and provide for payment to the System of additional
7funding at least sufficient to fund the resulting annual
8increase in cost to the System as it accrues.
9    Every new benefit increase is contingent upon the General
10Assembly providing the additional funding required under this
11subsection. The Commission on Government Forecasting and
12Accountability shall analyze whether adequate additional
13funding has been provided for the new benefit increase and
14shall report its analysis to the Public Pension Division of the
15Department of Insurance. A new benefit increase created by a
16Public Act that does not include the additional funding
17required under this subsection is null and void. If the Public
18Pension Division determines that the additional funding
19provided for a new benefit increase under this subsection is or
20has become inadequate, it may so certify to the Governor and
21the State Comptroller and, in the absence of corrective action
22by the General Assembly, the new benefit increase shall expire
23at the end of the fiscal year in which the certification is
24made.
25    (d) Every new benefit increase shall expire 5 years after
26its effective date or on such earlier date as may be specified

 

 

10000HB5611ham004- 83 -LRB100 20507 RJF 38347 a

1in the language enacting the new benefit increase or provided
2under subsection (c). This does not prevent the General
3Assembly from extending or re-creating a new benefit increase
4by law.
5    (e) Except as otherwise provided in the language creating
6the new benefit increase, a new benefit increase that expires
7under this Section continues to apply to persons who applied
8and qualified for the affected benefit while the new benefit
9increase was in effect and to the affected beneficiaries and
10alternate payees of such persons, but does not apply to any
11other person, including without limitation a person who
12continues in service after the expiration date and did not
13apply and qualify for the affected benefit while the new
14benefit increase was in effect.
15(Source: P.A. 100-23, eff. 7-6-17.)
 
16    (40 ILCS 5/15-106)  (from Ch. 108 1/2, par. 15-106)
17    Sec. 15-106. Employer. "Employer": The University of
18Illinois, Southern Illinois University, Chicago State
19University, Eastern Illinois University, Governors State
20University, Illinois State University, Northeastern Illinois
21University, Northern Illinois University, Western Illinois
22University, the State Board of Higher Education, the Illinois
23Mathematics and Science Academy, the University Civil Service
24Merit Board, the Board of Trustees of the State Universities
25Retirement System, the Illinois Community College Board,

 

 

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1community college boards, any association of community college
2boards organized under Section 3-55 of the Public Community
3College Act, the Board of Examiners established under the
4Illinois Public Accounting Act, and, only during the period for
5which employer contributions required under Section 15-155 are
6paid, the following organizations: the alumni associations,
7the foundations and the athletic associations which are
8affiliated with the universities and colleges included in this
9Section as employers. An individual who begins employment on or
10after the effective date of this amendatory Act of the 99th
11General Assembly with any association of community college
12boards organized under Section 3-55 of the Public Community
13College Act, the Association of Illinois Middle-Grade Schools,
14the Illinois Association of School Administrators, the
15Illinois Association for Supervision and Curriculum
16Development, the Illinois Principals Association, the Illinois
17Association of School Business Officials, the Illinois Special
18Olympics, or an entity not defined as an employer in this
19Section shall not be deemed an employee for the purposes of
20this Article with respect to that employment and shall not be
21eligible to participate in the System with respect to that
22employment; provided, however, that those individuals who are
23both employed by such an entity and are participating in the
24System with respect to that employment on the effective date of
25this amendatory Act of the 99th General Assembly shall be
26allowed to continue as participants in the System for the

 

 

10000HB5611ham004- 85 -LRB100 20507 RJF 38347 a

1duration of that employment.
2    A department as defined in Section 14-103.04 is an employer
3for any person appointed by the Governor under the Civil
4Administrative Code of Illinois who is a participating employee
5as defined in Section 15-109. The Department of Central
6Management Services is an employer with respect to persons
7employed by the State Board of Higher Education in positions
8with the Illinois Century Network as of June 30, 2004 who
9remain continuously employed after that date by the Department
10of Central Management Services in positions with the Illinois
11Century Network, the Bureau of Communication and Computer
12Services, or, if applicable, any successor bureau or the
13Department of Innovation and Technology.
14    The cities of Champaign and Urbana shall be considered
15employers, but only during the period for which contributions
16are required to be made under subsection (b-1) of Section
1715-155 and only with respect to individuals described in
18subsection (h) of Section 15-107.
19(Source: P.A. 99-830, eff. 1-1-17; 99-897, eff. 1-1-17.)
 
20    Section 1-955. The Hydraulic Fracturing Regulatory Act is
21amended by changing Section 1-110 as follows:
 
22    (225 ILCS 732/1-110)
23    Sec. 1-110. Public information; website.
24    (a) All information submitted to the Department under this

 

 

10000HB5611ham004- 86 -LRB100 20507 RJF 38347 a

1Act is deemed public information, except information deemed to
2constitute a trade secret under Section 1-77 of this Act and
3private information and personal information as defined in the
4Freedom of Information Act.
5    (b) To provide the public and concerned citizens with a
6centralized repository of information, the Department, in
7consultation with the Department of Innovation and Technology,
8shall create and maintain a comprehensive website dedicated to
9providing information concerning high volume horizontal
10hydraulic fracturing operations. The website shall contain,
11assemble, and link the documents and information required by
12this Act to be posted on the Department's or other agencies'
13websites. The Department of Innovation and Technology, on
14behalf of the Department, shall also create and maintain an
15online searchable database that provides information related
16to high volume horizontal hydraulic fracturing operations on
17wells that, at a minimum, includes, for each well it permits,
18the identity of its operators, its waste disposal, its chemical
19disclosure information, and any complaints or violations under
20this Act. The website created under this Section shall allow
21users to search for completion reports by well name and
22location, dates of fracturing and drilling operations,
23operator, and by chemical additives.
24(Source: P.A. 98-22, eff. 6-17-13; 99-78, eff. 7-20-15.)
 
25    Section 1-960. The Illinois Public Aid Code is amended by

 

 

10000HB5611ham004- 87 -LRB100 20507 RJF 38347 a

1changing Section 12-10.10 as follows:
 
2    (305 ILCS 5/12-10.10)
3    Sec. 12-10.10. DHS Technology Initiative Fund.
4    (a) The DHS Technology Initiative Fund is hereby created as
5a trust fund within the State treasury with the State Treasurer
6as the ex-officio custodian of the Fund.
7    (b) The Department of Human Services may accept and receive
8grants, awards, gifts, and bequests from any source, public or
9private, in support of information technology initiatives.
10Moneys received in support of information technology
11initiatives, and any interest earned thereon, shall be
12deposited into the DHS Technology Initiative Fund.
13    (c) Moneys in the Fund may be used by the Department of
14Human Services for the purpose of making grants associated with
15the development and implementation of information technology
16projects or paying for operational expenses of the Department
17of Human Services related to such projects.
18    (d) The Department of Human Services, in consultation with
19the Department of Innovation and Technology, shall use the
20funds deposited in the DHS Technology Fund to pay for
21information technology solutions either provided by Department
22of Innovation and Technology or arranged or coordinated by the
23Department of Innovation and Technology.
24(Source: P.A. 98-24, eff. 6-19-13.)
 

 

 

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1    Section 1-965. The Methamphetamine Precursor Tracking Act
2is amended by changing Section 20 as follows:
 
3    (720 ILCS 649/20)
4    Sec. 20. Secure website.
5    (a) The Illinois State Police, in consultation with the
6Department of Innovation and Technology, shall establish a
7secure website for the transmission of electronic transaction
8records and make it available free of charge to covered
9pharmacies.
10    (b) The secure website shall enable covered pharmacies to
11transmit to the Central Repository an electronic transaction
12record each time the pharmacy distributes a targeted
13methamphetamine precursor to a recipient.
14    (c) If the secure website becomes unavailable to a covered
15pharmacy, the covered pharmacy may, during the period in which
16the secure website is not available, continue to distribute
17targeted methamphetamine precursor without using the secure
18website if, during this period, the covered pharmacy maintains
19and transmits handwritten logs as described in Sections 20 and
2025 of the Methamphetamine Precursor Control Act.
21(Source: P.A. 97-670, eff. 1-19-12.)
 
22
Article 5. Illinois Information Security Improvement

 
23    Section 5-1. Short title. This Article may be cited as the

 

 

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1Illinois Information Security Improvement Act. References in
2this Article to "this Act" mean this Article.
 
3    Section 5-5. Definitions. As used in this Act:
4    "Critical information system" means any information system
5(including any telecommunications system) used or operated by a
6State agency or by a contractor of a State agency or other
7organization or entity on behalf of a State agency: that
8contains health insurance information, medical information, or
9personal information as defined in the Personal Information
10Protection Act; where the unauthorized disclosure,
11modification, destruction of information in the information
12system could be expected to have a serious, severe, or
13catastrophic adverse effect on State agency operations,
14assets, or individuals; or where the disruption of access to or
15use of the information or information system could be expected
16to have a serious, severe, or catastrophic adverse effect on
17State operations, assets, or individuals.
18    "Department" means the Department of Innovation and
19Technology.
20    "Information security" means protecting information and
21information systems from unauthorized access, use, disclosure,
22disruption, modification, or destruction in order to provide:
23integrity, which means guarding against improper information
24modification or destruction, and includes ensuring information
25non-repudiation and authenticity; confidentiality, which means

 

 

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1preserving authorized restrictions on access and disclosure,
2including means for protecting personal privacy and
3proprietary information; and availability, which means
4ensuring timely and reliable access to and use of information.
5    "Incident" means an occurrence that: actually or
6imminently jeopardizes, without lawful authority, the
7confidentiality, integrity, or availability of information or
8an information system; or constitutes a violation or imminent
9threat of violation of law, security policies, security
10procedures, or acceptable use policies or standard security
11practices.
12    "Information system" means a discrete set of information
13resources organized for the collection, processing,
14maintenance, use, sharing, dissemination, or disposition of
15information created or maintained by or for the State of
16Illinois.
17    "Office" means the Office of the Statewide Chief
18Information Security Officer.
19    "Secretary" means the Secretary of Innovation and
20Technology.
21    "Security controls" means the management, operational, and
22technical controls (including safeguards and countermeasures)
23for an information system that protect the confidentiality,
24integrity, and availability of the system and its information.
25    "State agency" means any agency under the jurisdiction of
26the Governor.
 

 

 

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1    Section 5-10. Purpose. The purposes of this Act are to:
2        (1) provide a comprehensive framework for ensuring the
3    effectiveness of information security controls over
4    information resources that support State agency operations
5    and assets;
6        (2) recognize the critical role of information and
7    information systems in the provision of life, health,
8    safety, and other crucial services to the citizens of the
9    State of Illinois and the risk posed to these services due
10    to the ever-evolving cybersecurity threat;
11        (3) recognize the highly networked nature of the
12    current State of Illinois working environment and provide
13    effective statewide management and oversight of the
14    related information security risks, including coordination
15    of information security efforts across State agencies;
16        (4) provide for the development and maintenance of
17    minimum security controls required to protect State of
18    Illinois information and information systems;
19        (5) provide a mechanism for improved oversight of State
20    agency information security programs, including through
21    automated security tools to continuously diagnose and
22    improve security;
23        (6) recognize that information security risk is both a
24    business and public safety issue, and the acceptance of
25    risk is a decision to be made at the executive levels of

 

 

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1    State government; and
2        (7) ensure a continued and deliberate effort to reduce
3    the risk posed to the State by cyberattacks and other
4    information security incidents that could impact the
5    information security of the State.
 
6    Section 5-15. Office of the Statewide Chief Information
7Security Officer.
8    (a) The Office of the Statewide Chief Information Security
9Officer is established within the Department of Innovation and
10Technology. The Office is directly subordinate to the Secretary
11of Innovation and Technology.
12    (b) The Office shall:
13        (1) serve as the strategic planning, facilitation, and
14    coordination office for information technology security in
15    this State and as the lead and central coordinating entity
16    to guide and oversee the information security functions of
17    State agencies;
18        (2) provide information security services to support
19    the secure delivery of State agency services that utilize
20    information systems and to assist State agencies with
21    fulfilling their responsibilities under this Act;
22        (3) conduct information and cybersecurity strategic,
23    operational, and resource planning and facilitating an
24    effective enterprise information security architecture
25    capable of protecting the State;

 

 

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1        (4) identify information security risks to each State
2    agency, to third-party providers, and to key supply chain
3    partners, including an assessment of the extent to which
4    information resources or processes are vulnerable to
5    unauthorized access or harm, including the extent to which
6    the agency's or contractor's electronically stored
7    information is vulnerable to unauthorized access, use,
8    disclosure, disruption, modification, or destruction, and
9    recommend risk mitigation strategies, methods, and
10    procedures to reduce those risks. These assessments shall
11    also include, but not be limited to, assessments of
12    information systems, computers, printers, software,
13    computer networks, interfaces to computer systems, mobile
14    and peripheral device sensors, and other devices or systems
15    which access the State's network, computer software, and
16    information processing or operational procedures of the
17    agency or of a contractor of the agency.
18        (5) manage the response to information security and
19    information security incidents involving State of Illinois
20    information systems and ensure the completeness of
21    information system security plans for critical information
22    systems;
23        (6) conduct pre-deployment information security
24    assessments for critical information systems and submit
25    findings and recommendations to the Secretary and State
26    agency heads;

 

 

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

 

 

10000HB5611ham004- 95 -LRB100 20507 RJF 38347 a

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

 

 

10000HB5611ham004- 96 -LRB100 20507 RJF 38347 a

1        guidelines;
2            (B) overseeing the education of State agency
3        personnel regarding the requirement to identify and
4        provide information security protections commensurate
5        with the risk and magnitude of the harm resulting from
6        the unauthorized access, use, disclosure, disruption,
7        modification, or destruction of information in a
8        critical information system;
9            (C) overseeing the development and implementation
10        of a statewide information security risk management
11        program;
12            (D) overseeing State agency compliance with the
13        requirements of this Section;
14            (E) coordinating Information Security policies and
15        practices with related information and personnel
16        resources management policies and procedures; and
17            (F) providing an effective and efficient process
18        to assist State agencies with complying with the
19        requirements of this Act.
20    (b) The Statewide Chief Information Security Officer
21shall:
22        (1) serve as the head of the Office and ensure the
23    execution of the responsibilities of the Office as set
24    forth in subsection (c) of Section 15, the Statewide Chief
25    Information Security Officer shall also oversee State
26    agency personnel with significant responsibilities for

 

 

10000HB5611ham004- 97 -LRB100 20507 RJF 38347 a

1    information security and ensure a competent workforce that
2    keeps pace with the changing information security
3    environment;
4        (2) develop and recommend information security
5    policies, standards, procedures, and guidelines to the
6    Secretary for statewide adoption and monitor compliance
7    with these policies, standards, guidelines, and procedures
8    through periodic testing;
9        (3) develop and maintain risk-based, cost-effective
10    information security programs and control techniques to
11    address all applicable security and compliance
12    requirements throughout the life cycle of State agency
13    information systems;
14        (4) establish the procedures, processes, and
15    technologies to rapidly and effectively identify threats,
16    risks, and vulnerabilities to State information systems,
17    and ensure the prioritization of the remediation of
18    vulnerabilities that pose risk to the State;
19        (5) develop and implement capabilities and procedures
20    for detecting, reporting, and responding to information
21    security incidents;
22        (6) establish and direct a statewide information
23    security risk management program to identify information
24    security risks in State agencies and deploy risk mitigation
25    strategies, processes, and procedures;
26        (7) establish the State's capability to sufficiently

 

 

10000HB5611ham004- 98 -LRB100 20507 RJF 38347 a

1    protect the security of data through effective information
2    system security planning, secure system development,
3    acquisition, and deployment, the application of protective
4    technologies and information system certification,
5    accreditation, and assessments;
6        (8) ensure that State agency personnel, including
7    contractors, are appropriately screened and receive
8    information security awareness training;
9        (9) convene meetings with agency heads and other State
10    officials to help ensure:
11            (A) the ongoing communication of risk and risk
12        reduction strategies,
13            (B) effective implementation of information
14        security policies and practices, and
15            (C) the incorporation of and compliance with
16        information security policies, standards, and
17        guidelines into the policies and procedures of the
18        agencies;
19        (10) provide operational and technical assistance to
20    State agencies in implementing policies, principles,
21    standards, and guidelines on information security,
22    including implementation of standards promulgated under
23    subparagraph (A) of paragraph (3) of subsection (a) of this
24    Section, and provide assistance and effective and
25    efficient means for State agencies to comply with the State
26    agency requirements under this Act;

 

 

10000HB5611ham004- 99 -LRB100 20507 RJF 38347 a

1        (11) in coordination and consultation with the
2    Secretary and the Governor's Office of Management and
3    Budget, review State agency budget requests related to
4    Information Security systems and provide recommendations
5    to the Governor's Office of Management and Budget;
6        (12) ensure the preparation and maintenance of plans
7    and procedures to provide cyber resilience and continuity
8    of operations for critical information systems that
9    support the operations of the State; and
10        (13) take such other actions as the Secretary may
11    direct.
 
12
Article 99.

 
13    Section 99-95. No acceleration or delay. Where this Act
14makes changes in a statute that is represented in this Act by
15text that is not yet or no longer in effect (for example, a
16Section represented by multiple versions), the use of that text
17does not accelerate or delay the taking effect of (i) the
18changes made by this Act or (ii) provisions derived from any
19other Public Act.
 
20    Section 99-97. Severability. The provisions of this Act are
21severable under Section 1.31 of the Statute on Statutes.
 
22    Section 99-99. Effective date. This Act takes effect upon

 

 

10000HB5611ham004- 100 -LRB100 20507 RJF 38347 a

1becoming law.".