Illinois General Assembly - Full Text of HB5164
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Full Text of HB5164  102nd General Assembly




HB5164 EngrossedLRB102 22760 RJF 31906 b

1    AN ACT concerning State government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Department of Innovation and Technology Act
5is amended by changing Sections 1-5, 1-25, and 1-35 as
7    (20 ILCS 1370/1-5)
8    Sec. 1-5. Definitions. In this Act:
9    "Client agency" means each transferring agency, or its
10successor, and any other public agency to which the Department
11provides service to the extent specified in an interagency
12agreement with the public agency.
13    "Dedicated unit" means the dedicated bureau, division,
14office, or other unit within a transferring agency that is
15responsible for the information technology functions of the
16transferring agency.
17    "Department" means the Department of Innovation and
19    "Information technology" means technology,
20infrastructure, equipment, systems, software, networks, and
21processes used to create, send, receive, and store electronic
22or digital information, including, without limitation,
23computer systems and telecommunication services and systems.



HB5164 Engrossed- 2 -LRB102 22760 RJF 31906 b

1"Information technology" shall be construed broadly to
2incorporate future technologies (such as sensors and balanced
3private hybrid or public cloud posture tailored to the mission
4of the agency) that change or supplant those in effect as of
5the effective date of this Act.
6    "Information technology functions" means the development,
7procurement, installation, retention, maintenance, operation,
8possession, storage, and related functions of all information
10    "Secretary" means the Secretary of Innovation and
12    "State agency" means each State agency, department, board,
13and commission under the jurisdiction of the Governor.
14    "Transferring agency" means the Department on Aging; the
15Departments of Agriculture, Central Management Services,
16Children and Family Services, Commerce and Economic
17Opportunity, Corrections, Employment Security, Financial and
18Professional Regulation, Healthcare and Family Services, Human
19Rights, Human Services, Insurance, Juvenile Justice, Labor,
20Lottery, Military Affairs, Natural Resources, Public Health,
21Revenue, Transportation, and Veterans' Affairs; the Illinois
22State Police; the Capital Development Board; the Deaf and Hard
23of Hearing Commission; the Environmental Protection Agency;
24the Governor's Office of Management and Budget; the
25Guardianship and Advocacy Commission; the Abraham Lincoln
26Presidential Library and Museum; the Illinois Arts Council;



HB5164 Engrossed- 3 -LRB102 22760 RJF 31906 b

1the Illinois Council on Developmental Disabilities; the
2Illinois Emergency Management Agency; the Illinois Gaming
3Board; the Illinois Health Information Exchange Authority; the
4Illinois Liquor Control Commission; the Office of the State
5Fire Marshal; and the Prisoner Review Board.
6(Source: P.A. 102-376, eff. 1-1-22; 102-538, eff. 8-20-21;
7revised 9-28-21.)
8    (20 ILCS 1370/1-25)
9    Sec. 1-25. Charges for services; non-State funding. The
10Department may establish charges for services rendered by the
11Department to client agencies from funds provided directly to
12the client agency by appropriation or otherwise. In
13establishing charges, the Department shall consult with client
14agencies to make charges transparent and clear and seek to
15minimize or avoid charges for costs for which the Department
16has other funding sources available.
17    Client agencies shall continue to apply for and otherwise
18seek federal funds and other capital and operational resources
19for technology for which the agencies are eligible and,
20subject to compliance with applicable laws, regulations, and
21grant terms, make those funds available for use by the
22Department. The Department shall assist client agencies in
23identifying funding opportunities and, if funds are used by
24the Department, ensuring compliance with all applicable laws,
25regulations, and grant terms.



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1(Source: P.A. 100-611, eff. 7-20-18.)
2    (20 ILCS 1370/1-35)
3    Sec. 1-35. Communications services.
4    (a) (Blank). The Department shall develop and implement a
5comprehensive plan to coordinate or centralize communications
6services among State agencies with offices at different
7locations. The plan shall be updated based on a continuing
8study of communications problems of State government and shall
9include any information technology-related equipment or
10service used for communication purposes including digital,
11analog, or future transmission medium, whether for voice,
12data, or any combination thereof. The plan shall take into
13consideration systems that might affect economies, including,
14but not limited to, quantity discount services and may include
15provision of telecommunications service to local and federal
16government entities located within this State if State
17interests can be served by so doing.
18    (b) The Department shall provide for and coordinate
19communications services for State agencies and, when requested
20and when in the best interests of the State, for units of
21federal or local governments and public and not-for-profit
22institutions of primary, secondary, and higher education. The
23Department may make use of, or support or provide any
24information technology-related communications equipment or
25services necessary and available to support the needs of



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



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1        (5) Analyze the present and future aims and needs of
2    all State agencies in the area of communications services
3    and plan to serve those aims and needs in the most
4    effective and efficient manner.
5        (6) Provide telecommunications and other
6    communications services.
7        (7) Establish the administrative organization within
8    the Department that is required to accomplish the purpose
9    of this Section.
10    This subsection (b) does not apply to the procurement of
11Next Generation 9-1-1 service as governed by Section 15.6b of
12the Emergency Telephone System Act.
13(Source: P.A. 101-81, eff. 7-12-19; 102-376, eff. 1-1-22.)