SB3577 96TH GENERAL ASSEMBLY

LRB096 16581 JAM 31855 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB3577

Introduced 2/10/2010, by Sen. Jeffrey M. Schoenberg

SYNOPSIS AS INTRODUCED:

20 ILCS 405/405-10	was 20 ILCS 405/35.3
20 ILCS 405/405-20	was 20 ILCS 405/35.7
20 ILCS 405/405-250	was 20 ILCS 405/35.7a
20 ILCS 405/405-255	was 20 ILCS 405/35.8
20 ILCS 405/405-420 new

Amends the Department of Central Management Services Law. Authorizes the Department to direct, review, and make final decisions for the executive branch of State government concerning the acquisition and use of information technology equipment and resources. Redefines "electronic data processing equipment" as "information technology equipment and resources". Effective January 1, 2011.

A BILL FOR

AN ACT concerning State government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Department of Central Management Services Law of the Civil Administrative Code of Illinois is amended by changing Sections 405-10, 405-20, 405-250, and 405-255 and by adding Section 405-420 as follows:

(20 ILCS 405/405-10) (was 20 ILCS 405/35.3)

Sec. 405-10. Director's duties; State policy. It shall be the duty of the Director and the policy of the State of Illinois to do the following:

(1) Place financial responsibility on State agencies (as defined in subsection (b) of Section 405-5) and hold them accountable for the proper discharge of this responsibility.

(2) Require professional, accurate, and current accounting with the State agencies (as defined in subsection (b) of Section 405-5).

(3) Decentralize fiscal, procedural, and administrative operations to expedite the business of the State and to avoid expense, unwieldiness, inefficiency, and unnecessary duplication where decentralization is consistent with proper fiscal management.

(4) Manage or delegate the management of the procurement, retention, installation, maintenance, and operation of all information technology equipment and resources electronic data processing equipment used by State agencies as defined in Section 405-20, so as to achieve maximum economy consistent with development of adequate and timely information in a form suitable for management analysis, in a manner that provides for adequate security protection and back-up facilities for that equipment, the establishment of bonding requirements, and a code of conduct for all information technology electronic data processing personnel to ensure the privacy of information technology equipment and resources electronic data processing information as provided by law.

For the purpose of this Section, "information technology equipment and resources" has the meaning set forth for that term in Section 405-420.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 405/405-20) (was 20 ILCS 405/35.7)

Sec. 405-20. Fiscal policy information to Governor; statistical research planning.

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

(1) Control the procurement, retention, installation, maintenance, and operation, as specified by the Director, of information technology equipment and resources electronic data processing equipment used by State agencies in such a manner as to achieve maximum economy and provide adequate assistance in the development of information suitable for management analysis.

(2) Establish principles and standards of statistical reporting by State agencies and priorities for completion of research by those agencies in accordance with the requirements for management analysis as specified by the Director.

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

(4) Instruct all State agencies as the Director may require to report regularly to the Department, in the manner the Director may prescribe, their usage of information technology equipment and resources electronic information devices, the cost incurred, the information produced, and the procedures followed in obtaining the information. All State agencies shall request of the Director any statistical services requiring the use of information technology equipment and resources electronic devices and shall conform to the priorities assigned by the Director in using information technology equipment and resources those electronic devices.

(5) Examine the accounts and statistical data of any organization, body, or agency receiving appropriations from the General Assembly.

(6) Install and operate a modern information system utilizing equipment adequate to satisfy the requirements for analysis and review as specified by the Director. Expenditures for statistical services rendered shall be reimbursed by the recipients. The reimbursement shall be determined by the Director as amounts sufficient to reimburse the Statistical Services Revolving Fund for expenditures incurred in rendering the services.

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

(c) For the purposes of this Section, Section 405-245, and paragraph (4) of Section 405-10 only, "State agencies" means all departments, boards, commissions, and agencies of the State of Illinois subject to the Governor.

(d) For the purpose of this Section, "information technology equipment and resources" has the meaning set forth for that term in Section 405-420.

(Source: P.A. 94-91, eff. 7-1-05.)

(20 ILCS 405/405-250) (was 20 ILCS 405/35.7a)

Sec. 405-250. Statistical services; use of information technology equipment and resources electronic data processing equipment. The Department may make statistical services and the use of information technology equipment and resources electronic data processing equipment, including necessary telecommunications lines and equipment, available to local governments, elected State officials, State educational institutions, and all other governmental units of the State requesting them. The Director is empowered to establish prices and charges for the statistical services so furnished and for the use of information technology equipment and resources the electronic data processing equipment and necessary telecommunications lines and equipment. The prices and charges shall be sufficient to reimburse the cost of furnishing the services and use of equipment and lines.

For the purpose of this Section, "information technology equipment and resources" has the meaning set forth for that term in Section 405-420.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 405/405-255) (was 20 ILCS 405/35.8)

Sec. 405-255. Division of Management Information. The Department, through its Division of Management Information, may make statistical services and the use of information technology equipment and resources electronic data processing equipment available to local governments, elected State officials, State educational institutions, and all other governmental units of the State requesting them. The Director is empowered to establish prices and charges for the statistical services so furnished and for the use of information technology equipment and resources the electronic data processing equipment. The prices and charges shall be sufficient to reimburse the cost of furnishing the services and use of information technology equipment and resources equipment.

For the purpose of this Section, "information technology equipment and resources" has the meaning set forth for that term in Section 405-420.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 405/405-420 new)

Sec. 405-420. Direction and decisions for information technology. The Department of Central Management Services shall have the authority to direct, review, and make final determinations regarding the purchase, standardization, best use, and impact on State government operations of any information technology equipment and resources required by the various State agencies, as defined in subsection (b) of Section 405-5, to perform necessary functions of State government related to the overall direction of the use of technology.

As the distinction among voice, video, and data technologies, including hardware, software, transport facilities, and associated services, continues to become more and more difficult to identify, it is necessary to clarify the importance of having a central point of determination as to the strategic and best use of those technologies for the long-term benefit of State Government and its information technologies operations. The definition of "information technology equipment and resources" shall include, but is not limited to: (i) existing and future telecommunications and communications services and data processing, specifically including voice, video, and data hardware and software, networking, and transport facilities; (ii) mainframe, mid-range, and personal computing hardware of whatever configuration, whether as a wired or fixed asset or mobile or personal device; and (iii) Internet-based technologies, integrated hardware devices, and future technologies that combine and streamline the foregoing. This definition includes devices that combine both traditional telecommunication and data processing or transfer functionality.

Centralized technology decision making is consistent with and necessary to support and ensure the success of the mandate described in the FY2004 Budget Implementation Act (Public Act 93-25) and implemented by Section 405-410 of this Law. It is critical to the overall efficiency and cost effectiveness of technology use by State agencies for the Department of Central Management Services to make final decisions or recommendations on all technology transactions. However, the Department reserves the right to delegate to a State agency the power to make certain technology decisions on a case-by-case basis upon prior approval by the Director or a person designated by the Director for the purpose of those technology decisions.

As used in this Law, the term "electronic data processing equipment" shall have the same meaning as the term "information technology equipment and resources" set forth in this Section.

Section 99. Effective date. This Act takes effect January 1, 2011.