Full Text of HB4890 95th General Assembly
HB4890eng 95TH GENERAL ASSEMBLY
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HB4890 Engrossed |
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| AN ACT concerning education.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Data Security on State Computers Act is | 5 |
| amended by changing Sections 15 and 20 and by adding Section 17 | 6 |
| as follows:
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| (20 ILCS 450/15)
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| Sec. 15. Definitions. As used in this Act:
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| "Agency" means all parts, boards, and commissions of the | 10 |
| executive
branch of State government , other than public | 11 |
| universities or their governing boards , including, but not | 12 |
| limited to, State colleges and
universities and their governing | 13 |
| boards and all departments established by the
Civil | 14 |
| Administrative Code of Illinois.
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| "Disposal by sale, donation, or transfer" includes, but is | 16 |
| not limited to,
the
sale, donation, or
transfer
of surplus | 17 |
| electronic data processing equipment to other agencies, | 18 |
| schools,
individuals, and
not-for-profit agencies.
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| "Electronic data processing equipment" includes, but is | 20 |
| not limited to,
computer (CPU) mainframes, and any form of | 21 |
| magnetic storage media.
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| "Authorized agency" means an agency authorized by the | 23 |
| Department of
Central Management Services to sell or transfer |
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| electronic data processing
equipment under Sections 5010.1210 | 2 |
| and 5010.1220 of Title 44 of the Illinois
Administrative Code.
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| "Department" means the Department of Central Management | 4 |
| Services.
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| "Overwrite" means the replacement of previously stored | 6 |
| information with
a pre-determined pattern of meaningless | 7 |
| information.
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| (Source: P.A. 93-306, eff. 7-23-03.)
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| (20 ILCS 450/17 new) | 10 |
| Sec. 17. Exemption from Act. This Act does not apply to the | 11 |
| legislative branch of State government, the Office of the | 12 |
| Lieutenant Governor, the Office of the Attorney General, the | 13 |
| Office of the Secretary of State, the Office of the State | 14 |
| Comptroller, or the Office of the State Treasurer.
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| (20 ILCS 450/20)
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| Sec. 20. Establishment and implementation. The Data | 17 |
| Security on
State Computers Act is established to protect | 18 |
| sensitive data stored on
State-owned electronic data | 19 |
| processing equipment to be (i) disposed of by
sale, donation, | 20 |
| or
transfer or (ii) relinquished to a successor executive | 21 |
| administration. This Act
shall be administered by the | 22 |
| Department or an authorized
agency. The governing board of each | 23 |
| public university in this State must implement and administer | 24 |
| the provisions of this Act with respect to State-owned |
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| electronic data processing equipment utilized by the | 2 |
| university. The Department or an authorized agency shall
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| implement a policy
to mandate that all hard drives of surplus | 4 |
| electronic data processing equipment
be cleared of all data and | 5 |
| software before being prepared for sale, donation,
or transfer
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| by
(i) overwriting the previously stored data on a drive or a | 7 |
| disk at least 10
times
and (ii)
certifying in writing that the | 8 |
| overwriting process has been completed by
providing
the | 9 |
| following information: (1) the serial number of the computer or | 10 |
| other
surplus
electronic data processing equipment; (2) the | 11 |
| name of the overwriting software
used; and (3) the name, date, | 12 |
| and signature of the person performing the
overwriting process.
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| The head of each State agency shall
establish a system for the | 14 |
| protection and preservation of State
data on State-owned | 15 |
| electronic data processing equipment necessary for the
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| continuity of
government functions upon it being relinquished | 17 |
| to a successor executive
administration.
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| For purposes of this Act and any other State directive | 19 |
| requiring the clearing of data and software from State-owned | 20 |
| electronic data processing equipment prior to sale, donation, | 21 |
| or transfer by the General Assembly or a public university in | 22 |
| this State, the General Assembly or the governing board of the | 23 |
| university shall have and maintain responsibility for the | 24 |
| implementation and administration of the requirements for | 25 |
| clearing State-owned electronic data processing equipment | 26 |
| utilized by the General Assembly or the university. |
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| (Source: P.A. 93-306, eff. 7-23-03.)
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| Section 99. Effective date. This Act takes effect upon | 3 |
| becoming law.
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