093_SB0553sam001 LRB093 10793 MKM 13848 a 1 AMENDMENT TO SENATE BILL 553 2 AMENDMENT NO. . Amend Senate Bill 553 on page 1, 3 immediately below line 5, by inserting the following: 4 "Section 5. Findings. The General Assembly finds that: 5 (a) The Massachusetts Institute of Technology, in a 6 recent study, discovered that many companies and individuals 7 are regularly selling or donating computer hard drives with 8 sensitive information still on them, such as credit card 9 numbers, bank and medical records, and personal e-mail. 10 (b) Illinois currently has no law addressing data 11 security and removal of data from surplus State-owned 12 computers that are to be (i) disposed of by sale, donation, 13 or transfer or (ii) relinquished to a successor executive 14 administration. 15 (c) In order to ensure the protection of sensitive 16 information relating to the State and its citizens, it is 17 necessary to implement policies to (i) overwrite all hard 18 drives of surplus State-owned electronic data processing 19 equipment that are to be sold, donated, or transferred and 20 (ii) preserve the data on State-owned electronic data 21 processing equipment that is to be relinquished to a 22 successor executive administration for the continuity of 23 government functions. -2- LRB093 10793 MKM 13848 a 1 Section 10. Purpose. The purpose of this Act is to (i) 2 require the Department of Central Management Services or any 3 other authorized agency that disposes of surplus electronic 4 data processing equipment by sale, donation, or transfer to 5 implement a policy mandating that computer hardware be 6 cleared of all data and software before disposal by sale, 7 donation, or transfer and (ii) require the head of each 8 Agency to establish a system for the protection and 9 preservation of State data on State-owned electronic data 10 processing equipment necessary for the continuity of 11 government functions upon relinquishment of the equipment to 12 a successor executive administration. 13 Section 15. Definitions. As used in this Act: 14 "Agency" means all parts, boards, and commissions of the 15 executive branch of State government, including, but not 16 limited to, State colleges and universities and their 17 governing boards and all departments established by the Civil 18 Administrative Code of Illinois. 19 "Disposal by sale, donation, or transfer" includes, but 20 is not limited to, the sale, donation, or transfer of surplus 21 electronic data processing equipment to other agencies, 22 schools, individuals, and not-for-profit agencies. 23 "Electronic data processing equipment" includes, but is 24 not limited to, computer (CPU) mainframes, and any form of 25 magnetic storage media. 26 "Authorized agency" means an agency authorized by the 27 Department of Central Management Services to sell or transfer 28 electronic data processing equipment under Sections 5010.1210 29 and 5010.1220 of Title 44 of the Illinois Administrative 30 Code. 31 "Department" means the Department of Central Management 32 Services. 33 "Overwrite" means the replacement of previously stored -3- LRB093 10793 MKM 13848 a 1 information with a pre-determined pattern of meaningless 2 information. 3 Section 20. Establishment and implementation. The Data 4 Security on State Computers Act is established to protect 5 sensitive data stored on State-owned electronic data 6 processing equipment to be (i) disposed of by sale, donation, 7 or transfer or (ii) relinquished to a successor executive 8 administration. This Act shall be administered by the 9 Department or an authorized agency. The Department or an 10 authorized agency shall implement a policy to mandate that 11 all hard drives of surplus electronic data processing 12 equipment be cleared of all data and software before being 13 prepared for sale, donation, or transfer by (i) overwriting 14 the previously stored data on a drive or a disk at least 10 15 times and (ii) certifying in writing that the overwriting 16 process has been completed by providing the following 17 information: (1) the serial number of the computer or other 18 surplus electronic data processing equipment; (2) the name of 19 the overwriting software used; and (3) the name, date, and 20 signature of the person performing the overwriting process. 21 The head of each State agency shall establish a system for 22 the protection and preservation of State data on State-owned 23 electronic data processing equipment necessary for the 24 continuity of government functions upon it being relinquished 25 to a successor executive administration. 26 Section 99. Effective date. This Act takes effect upon 27 becoming law.".