Illinois General Assembly - Full Text of HB5093
Illinois General Assembly

Previous General Assemblies

Full Text of HB5093  100th General Assembly


Rep. Jaime M. Andrade, Jr.

Filed: 5/15/2018





10000HB5093ham001LRB100 20465 RJF 40064 a


2    AMENDMENT NO. ______. Amend House Bill 5093 by replacing
3everything after the enacting clause with the following:
4    "Section 5. If and only if House Bill 5611 of the 100th
5General Assembly becomes law in the form in which it passed the
6House on April 23, 2018, then the Department of Innovation and
7Technology Act is amended by changing Sections 1-5 and 1-30 as
9    (100HB5611eng, Sec. 1-5)
10    Sec. 1-5. Definitions. In this Act:
11    "Bureau of Communications and Computer Services" means the
12Bureau of Communications and Computer Services, also known as
13the Bureau of Information and Communication Services, created
14by rule (2 Illinois Administrative Code 750.40) within the
15Department of Central Management Services.
16    "Client agency" means each transferring agency, or its



10000HB5093ham001- 2 -LRB100 20465 RJF 40064 a

1successor. When applicable, "client agency" may also include
2any other public agency to which the Department provides
3service to the extent specified in an interagency contract with
4the public agency "Client agency" also includes each other
5public agency to which the Department provides service.
6    "Dedicated unit" means the dedicated bureau, division,
7office, or other unit within a transferring agency that is
8responsible for the information technology functions of the
9transferring agency. For the Office of the Governor, "dedicated
10unit" means the Information Technology Office, also known as
11the Office of the Chief Information Officer. For the Department
12of Central Management Services, "dedicated unit" means the
13Bureau of Communications and Computer Services, also known as
14the Bureau of Information and Communication Services.
15    "Department" means the Department of Innovation and
17    "Information technology" means technology, infrastructure,
18equipment, systems, software, networks, and processes used to
19create, send, receive, and store electronic or digital
20information, including, without limitation, computer systems
21and telecommunication services and systems. "Information
22technology" shall be construed broadly to incorporate future
23technologies (such as sensors and balanced private hybrid or
24public cloud posture tailored to the mission of the agency)
25that change or supplant those in effect as of the effective
26date of this Act.



10000HB5093ham001- 3 -LRB100 20465 RJF 40064 a

1    "Information technology functions" means the development,
2procurement, installation, retention, maintenance, operation,
3possession, storage, and related functions of all information
5    "Information Technology Office" means the Information
6Technology Office, also known as the Office of the Chief
7Information Officer, within the Office of the Governor, created
8by Executive Order 1999-05, or its successor.
9    "Legacy information technology division" means any
10division, bureau, or other unit of a transferring agency which
11has responsibility for information technology functions for
12the agency prior to the transfer of those functions to the
13Department, including, without limitation, the Bureau of
14Communications and Computer Services.
15    "Secretary" means the Secretary of Innovation and
17    "State agency" means each State agency, department, board,
18and commission directly responsible to the Governor.
19    "Transferring agency" means the Department on Aging; the
20Departments of Agriculture, Central Management Services,
21Children and Family Services, Commerce and Economic
22Opportunity, Corrections, Employment Security, Financial and
23Professional Regulation, Healthcare and Family Services, Human
24Rights, Human Services, Insurance, Juvenile Justice, Labor,
25Lottery, Military Affairs, Natural Resources, Public Health,
26Revenue, State Police, Transportation, and Veterans' Affairs;



10000HB5093ham001- 4 -LRB100 20465 RJF 40064 a

1the Capital Development Board; the Deaf and Hard of Hearing
2Commission; the Environmental Protection Agency; the
3Governor's Office of Management and Budget; the Guardianship
4and Advocacy Commission; the Historic Preservation Agency; the
5Illinois Arts Council; the Illinois Council on Developmental
6Disabilities; the Illinois Emergency Management Agency; the
7Illinois Gaming Board; the Illinois Health Information
8Exchange Authority; the Illinois Liquor Control Commission;
9the Illinois Student Assistance Commission; the Illinois
10Technology Office; the Office of the State Fire Marshal; and
11the Prisoner Review Board. "Transferring agency" does not
12include a State constitutional office, the Office of the
13Executive Inspector General, or any office of the legislative
14or judicial branches of State government.
15(Source: 100HB5611eng, Sec. 1-5.)
16    (100HB5611eng, Sec. 1-30)
17    Sec. 1-30. Information technology.
18    (a) The Secretary shall be the Chief Information Officer
19for the State and the steward of State data with respect to
20those agencies under the jurisdiction of the Governor. It shall
21be the duty of the Department and the policy of the State of
22Illinois to manage or delegate the management of the
23procurement, retention, installation, maintenance, and
24operation of all information technology used by client
25agencies, so as to achieve maximum economy consistent with



10000HB5093ham001- 5 -LRB100 20465 RJF 40064 a

1development of appropriate and timely information in a form
2suitable for management analysis, in a manner that provides for
3adequate security protection and back-up facilities for that
4equipment, the establishment of bonding requirements, and a
5code of conduct for all information technology personnel to
6ensure the privacy of information technology information as
7provided by law.
8    (b) The Department shall be responsible for providing the
9Governor with timely, comprehensive, and meaningful
10information pertinent to the formulation and execution of
11fiscal policy. In performing this responsibility the
12Department shall have the power to do the following:
13        (1) Control the procurement, retention, installation,
14    maintenance, and operation, as specified by the
15    Department, of information technology equipment used by
16    client agencies in such a manner as to achieve maximum
17    economy and provide appropriate assistance in the
18    development of information suitable for management
19    analysis.
20        (2) Establish principles and standards of information
21    technology-related reporting by client agencies and
22    priorities for completion of research by those agencies in
23    accordance with the requirements for management analysis
24    specified by the Department.
25        (3) Establish charges for information technology and
26    related services requested by client agencies and rendered



10000HB5093ham001- 6 -LRB100 20465 RJF 40064 a

1    by the Department. The Department is likewise empowered to
2    establish prices or charges for all information technology
3    reports purchased by agencies and individuals not
4    connected with State government.
5        (4) Instruct all client agencies to report regularly to
6    the Department, in the manner the Department may prescribe,
7    their usage of information technology, the cost incurred,
8    the information produced, and the procedures followed in
9    obtaining the information. All client agencies shall
10    request from the Department assistance and consultation in
11    securing any necessary information technology to support
12    their requirements.
13        (5) Examine the accounts and information
14    technology-related data of any organization, body, or
15    agency receiving appropriations from the General Assembly,
16    except for a State constitutional office, the Office of the
17    Executive Inspector General, or any office of the
18    legislative or judicial branches of State government. For a
19    State constitutional office, the Office of the Executive
20    Inspector General, or any office of the legislative or
21    judicial branches of State government, the Department
22    shall have the power to examine the accounts and
23    information technology-related data of the State
24    constitutional office, the Office of the Executive
25    Inspector General, or any office of the legislative or
26    judicial branches of State government when requested by



10000HB5093ham001- 7 -LRB100 20465 RJF 40064 a

1    those offices that office.
2        (6) Install and operate a modern information
3    technology system utilizing equipment adequate to satisfy
4    the requirements for analysis and review as specified by
5    the Department. Expenditures for information technology
6    and related services rendered shall be reimbursed by the
7    recipients. The reimbursement shall be determined by the
8    Department as amounts sufficient to reimburse the
9    Technology Management Revolving Fund for expenditures
10    incurred in rendering the services.
11    (c) In addition to the other powers and duties listed in
12subsection (b), the Department shall analyze the present and
13future aims, needs, and requirements of information
14technology, research, and planning in order to provide for the
15formulation of overall policy relative to the use of
16information technology and related equipment by the State of
17Illinois. In making this analysis, the Department shall
18formulate a master plan for information technology, utilizing
19information technology most advantageously, and advising
20whether information technology should be leased or purchased by
21the State. The Department shall prepare and submit interim
22reports of meaningful developments and proposals for
23legislation to the Governor on or before January 30 each year.
24The Department shall engage in a continuing analysis and
25evaluation of the master plan so developed, and it shall be the
26responsibility of the Department to recommend from time to time



10000HB5093ham001- 8 -LRB100 20465 RJF 40064 a

1any needed amendments and modifications of any master plan
2enacted by the General Assembly.
3    (d) The Department may make information technology and the
4use of information technology available to units of local
5government, elected State officials, State educational
6institutions, the judicial branch, the legislative branch, and
7all other governmental units of the State requesting them. The
8Department shall establish prices and charges for the
9information technology so furnished and for the use of the
10information technology. The prices and charges shall be
11sufficient to reimburse the cost of furnishing the services and
12use of information technology.
13    (e) The Department may establish standards to provide
14consistency in the operation and use of information technology.
15(Source: 100HB5611eng, Sec. 1-30.)
16    Section 99. Effective date. This Act takes effect upon
17becoming law.".