Full Text of HB5611 100th General Assembly
HB5611ham002 100TH GENERAL ASSEMBLY | Rep. Jaime M. Andrade, Jr. Filed: 3/30/2018
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| 1 | | AMENDMENT TO HOUSE BILL 5611
| 2 | | AMENDMENT NO. ______. Amend House Bill 5611 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Article 1. Department of Innovation and Technology | 5 | | Section 1-1. Short title. This Article may be cited as the | 6 | | Department of Innovation and Technology Act. References in this | 7 | | Article to "this Act" mean this Article. | 8 | | Section 1-5. Definitions. In this Act: | 9 | | "Bureau of Communications and Computer Services" means the | 10 | | Bureau of Communications and Computer Services, also known as | 11 | | the Bureau of Information and Communication Services, created | 12 | | by rule (2 Illinois Administrative Code 750.40) within the | 13 | | Department of Central Management Services. | 14 | | "Client agency" means each transferring agency, or its | 15 | | successor. "Client agency" also includes each other public |
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| 1 | | agency to which the Department provides service. | 2 | | "Dedicated unit" means the dedicated bureau, division, | 3 | | office, or other unit within a transferring agency that is | 4 | | responsible for the information technology functions of the | 5 | | transferring agency. For the Office of the Governor, "dedicated | 6 | | unit" means the Information Technology Office, also known as | 7 | | the Office of the Chief Information Officer. For the Department | 8 | | of Central Management Services, "dedicated unit" means the | 9 | | Bureau of Communications and Computer Services, also known as | 10 | | the Bureau of Information and Communication Services. | 11 | | "Department" means the Department of Innovation and | 12 | | Technology. | 13 | | "Information technology" means technology, infrastructure, | 14 | | equipment, systems, software, networks, and processes used to | 15 | | create, send, receive, and store electronic or digital | 16 | | information, including, without limitation, computer systems | 17 | | and telecommunication services and systems. "Information | 18 | | technology" shall be construed broadly to incorporate future | 19 | | technologies (such as sensors and balanced private hybrid or | 20 | | public cloud posture tailored to the mission of the agency) | 21 | | that change or supplant those in effect as of the effective | 22 | | date of this Act. | 23 | | "Information technology functions" means the development, | 24 | | procurement, installation, retention, maintenance, operation, | 25 | | possession, storage, and related functions of all information | 26 | | technology. |
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| 1 | | "Information Technology Office" means the Information | 2 | | Technology Office, also known as the Office of the Chief | 3 | | Information Officer, within the Office of the Governor, created | 4 | | by Executive Order 1999-05, or its successor. | 5 | | "Legacy information technology division" means any | 6 | | division, bureau, or other unit of a transferring agency which | 7 | | has responsibility for information technology functions for | 8 | | the agency prior to the transfer of those functions to the | 9 | | Department, including, without limitation, the Bureau of | 10 | | Communications and Computer Services. | 11 | | "Secretary" means the Secretary of Innovation and | 12 | | Technology. | 13 | | "State agency" means each State agency, department, board, | 14 | | and commission directly responsible to the Governor. | 15 | | "Transferring agency" means the Department on Aging; the | 16 | | Departments of Agriculture, Central Management Services, | 17 | | Children and Family Services, Commerce and Economic | 18 | | Opportunity, Corrections, Employment Security, Financial and | 19 | | Professional Regulation, Healthcare and Family Services, Human | 20 | | Rights, Human Services, Insurance, Juvenile Justice, Labor, | 21 | | Lottery, Military Affairs, Natural Resources, Public Health, | 22 | | Revenue, State Police, Transportation, and Veterans' Affairs; | 23 | | the Capital Development Board; the Deaf and Hard of Hearing | 24 | | Commission; the Environmental Protection Agency; the | 25 | | Governor's Office of Management and Budget; the Guardianship | 26 | | and Advocacy Commission; the Historic Preservation Agency; the |
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| 1 | | Illinois Arts Council; the Illinois Council on Developmental | 2 | | Disabilities; the Illinois Emergency Management Agency; the | 3 | | Illinois Gaming Board; the Illinois Health Information | 4 | | Exchange Authority; the Illinois Liquor Control Commission; | 5 | | the Illinois Student Assistance Commission; the Illinois | 6 | | Technology Office; the Office of the State Fire Marshal; and | 7 | | the Prisoner Review Board. | 8 | | Section 1-10. Transfer of functions. On and after March 25, | 9 | | 2016 (the effective date of Executive Order 2016-001): | 10 | | (a) For each transferring agency, the dedicated unit or | 11 | | units within that agency responsible for information | 12 | | technology functions together with those information | 13 | | technology functions outside of the dedicated unit or units | 14 | | within a transferring agency to which this Act applies shall be | 15 | | designated by the Governor. | 16 | | (b) All powers, duties, rights, and responsibilities of | 17 | | those dedicated units and information technology functions | 18 | | designated by the Governor are transferred to the Department of | 19 | | Innovation and Technology. | 20 | | (c) The personnel of each transferring agency designated by | 21 | | the Governor are transferred to the Department of Innovation | 22 | | and Technology. The status and rights of the employees and the | 23 | | State of Illinois or its transferring agencies under the | 24 | | Personnel Code, the Illinois Public Labor Relations Act, and | 25 | | applicable collective bargaining agreements or under any |
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| 1 | | pension, retirement, or annuity plan shall not be affected by | 2 | | this Act. Under the direction of the Governor, the Secretary, | 3 | | in consultation with the transferring agencies and labor | 4 | | organizations representing the affected employees, shall | 5 | | identify each position and employee who is engaged in the | 6 | | performance of functions transferred to the Department, or | 7 | | engaged in the administration of a law the administration of | 8 | | which is transferred to the Department, to be transferred to | 9 | | the Department. An employee engaged primarily in providing | 10 | | administrative support to a legacy information technology | 11 | | division or information technology personnel may be considered | 12 | | engaged in the performance of functions transferred to the | 13 | | Department. | 14 | | (d) All books, records, papers, documents, property (real | 15 | | and personal), contracts, causes of action, and pending | 16 | | business pertaining to the powers, duties, rights, and | 17 | | responsibilities relating to dedicated units and information | 18 | | technology functions transferred under this Act to the | 19 | | Department of Innovation and Technology, including, but not | 20 | | limited to, material in electronic or magnetic format and | 21 | | necessary computer hardware and software, shall be transferred | 22 | | to the Department of Innovation and Technology. | 23 | | (e) All unexpended appropriations and balances and other | 24 | | funds available for use relating to dedicated units and | 25 | | information technology functions transferred under this Act | 26 | | shall be transferred for use by the Department of Innovation |
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| 1 | | and Technology at the direction of the Governor. Unexpended | 2 | | balances so transferred shall be expended only for the purpose | 3 | | for which the appropriations were originally made. | 4 | | (f) The powers, duties, rights, and responsibilities | 5 | | relating to dedicated units and information technology | 6 | | functions transferred by this Act shall be vested in and shall | 7 | | be exercised by the Department of Innovation and Technology. | 8 | | (g) Whenever reports or notices are now required to be made | 9 | | or given or papers or documents furnished or served by any | 10 | | person to or upon each dedicated unit in connection with any of | 11 | | the powers, duties, rights, and responsibilities relating to | 12 | | information technology functions transferred by this Act, the | 13 | | same shall be made, given, furnished, or served in the same | 14 | | manner to or upon the Department of Innovation and Technology. | 15 | | (h) This Act does not affect any act done, ratified, or | 16 | | canceled or any right occurring or established or any action or | 17 | | proceeding had or commenced in an administrative, civil, or | 18 | | criminal cause by each dedicated unit relating to information | 19 | | technology functions before the transfer of responsibilities | 20 | | under this Act; such actions or proceedings may be prosecuted | 21 | | and continued by the Department of Innovation and Technology. | 22 | | (i) Any rules of a dedicated unit or a transferring agency | 23 | | that relate to the powers, duties, rights, and responsibilities | 24 | | relating to the dedicated unit or to information technology | 25 | | functions and are in full force on the effective date of this | 26 | | Act shall become the rules of the Department of Innovation and |
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| 1 | | Technology. This Act does not affect the legality of any such | 2 | | rules in the Illinois Administrative Code. | 3 | | (j) Any proposed rules filed with the Secretary of State by | 4 | | the dedicated unit or the transferring agency that are pending | 5 | | in the rulemaking process on March 25, 2016 (the effective date | 6 | | of Executive Order 2016-001) and that pertain to the powers, | 7 | | duties, rights, and responsibilities of the dedicated unit or | 8 | | the information technology functions transferred, shall be | 9 | | deemed to have been filed by the Department of Innovation and | 10 | | Technology. As soon as practicable, the Department of | 11 | | Innovation and Technology shall revise and clarify the rules | 12 | | transferred to it under this Act to reflect the reorganization | 13 | | of powers, duties, rights, and responsibilities relating to | 14 | | information technology functions affected by this Act, using | 15 | | the procedures for recodification of rules available under the | 16 | | Illinois Administrative Procedure Act, except that existing | 17 | | title, part, and section numbering for the affected rules may | 18 | | be retained. The Department of Innovation and Technology may | 19 | | propose and adopt under the Illinois Administrative Procedure | 20 | | Act such other rules of each dedicated unit or transferring | 21 | | agency that will now be administered by the Department of | 22 | | Innovation and Technology. | 23 | | Section 1-15. Powers and duties. The Department shall | 24 | | promote best-in-class innovation and technology to client | 25 | | agencies to foster collaboration among client agencies, |
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| 1 | | empower client agencies to provide better service to residents | 2 | | of Illinois, and maximize the value of taxpayer resources. The | 3 | | Department shall be responsible for information technology | 4 | | functions on behalf of client agencies. | 5 | | The Department shall provide for and coordinate | 6 | | information technology for State agencies and, when requested | 7 | | and when in the best interests of the State, for State | 8 | | constitutional offices, units of federal or local governments, | 9 | | and public and not-for-profit institutions of primary, | 10 | | secondary, and higher education, or other parties not | 11 | | associated with State government. The Department shall | 12 | | establish charges for information technology for State | 13 | | agencies and, when requested, for State constitutional | 14 | | offices, units of federal or local government, and public and | 15 | | not-for-profit institutions of primary, secondary, or higher | 16 | | education and for use by other parties not associated with | 17 | | State government. Entities charged for these services shall | 18 | | make payment to the Department. The Department may instruct all | 19 | | State agencies to report their usage of information technology | 20 | | regularly to the Department in the manner the Secretary may | 21 | | prescribe. | 22 | | The Department and each public agency shall continue to | 23 | | have all authority provided to them under the Intergovernmental | 24 | | Cooperation Act and other applicable law to enter into | 25 | | interagency contracts. The Department may enter into contracts | 26 | | to use personnel and other resources that are retained by |
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| 1 | | client agencies or other public agencies, to provide services | 2 | | to public agencies within the State, and for other appropriate | 3 | | purposes to accomplish the Department's mission. | 4 | | Section 1-20. Security and interoperability. The | 5 | | Department shall develop and implement standards, policies, | 6 | | and procedures to protect the security and interoperability of | 7 | | State data with respect to those agencies under the | 8 | | jurisdiction of the Governor, including in particular data that | 9 | | are confidential, sensitive, or protected from disclosure by | 10 | | privacy or other laws, while recognizing and balancing the need | 11 | | for collaboration and public transparency. The Department | 12 | | shall comply with applicable federal and State laws pertaining | 13 | | to information technology, data, and records of the Department | 14 | | and the client agencies, including, without limitation, the | 15 | | Freedom of Information Act, the State Records Act, the Personal | 16 | | Information Protection Act, the federal Health Insurance | 17 | | Portability and Accountability Act, the federal Health | 18 | | Information Technology for Economic and Clinical Health Act, | 19 | | and the federal Gramm-Leach-Bliley Act. | 20 | | Section 1-25. Charges for services; non-State funding. The | 21 | | Department may establish charges for services rendered by the | 22 | | Department to client agencies from funds provided directly to | 23 | | the client agency by appropriation or otherwise. In | 24 | | establishing charges, the Department shall consult with client |
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| 1 | | agencies to make charges transparent and clear and seek to | 2 | | minimize or avoid charges for costs for which the Department | 3 | | has other funding sources available. | 4 | | Client agencies shall continue to apply for and otherwise | 5 | | seek federal funds and other capital and operational resources | 6 | | for technology for which the agencies are eligible and, subject | 7 | | to compliance with applicable laws, regulations, and grant | 8 | | terms, make those funds available for use by the Department. | 9 | | The Department shall assist client agencies in identifying | 10 | | funding opportunities and, if funds are used by the Department, | 11 | | ensuring compliance with all applicable laws, regulations, and | 12 | | grant terms. | 13 | | Section 1-30. Information technology. | 14 | | (a) The Secretary shall be the Chief Information Officer | 15 | | for the State and the steward of State data with respect to | 16 | | those agencies under the jurisdiction of the Governor. It shall | 17 | | be the duty of the Department and the policy of the State of | 18 | | Illinois to manage or delegate the management of the | 19 | | procurement, retention, installation, maintenance, and | 20 | | operation of all information technology used by client | 21 | | agencies, so as to achieve maximum economy consistent with | 22 | | development of appropriate and timely information in a form | 23 | | suitable for management analysis, in a manner that provides for | 24 | | adequate security protection and back-up facilities for that | 25 | | equipment, the establishment of bonding requirements, and a |
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| 1 | | code of conduct for all information technology personnel to | 2 | | ensure the privacy of information technology information as | 3 | | provided by law. | 4 | | (b) The Department shall be responsible for providing the | 5 | | Governor with timely, comprehensive, and meaningful | 6 | | information pertinent to the formulation and execution of | 7 | | fiscal policy. In performing this responsibility the | 8 | | Department shall have the power to do the following: | 9 | | (1) Control the procurement, retention, installation, | 10 | | maintenance, and operation, as specified by the | 11 | | Department, of information technology equipment used by | 12 | | client agencies in such a manner as to achieve maximum | 13 | | economy and provide appropriate assistance in the | 14 | | development of information suitable for management | 15 | | analysis. | 16 | | (2) Establish principles and standards of information | 17 | | technology-related reporting by client agencies and | 18 | | priorities for completion of research by those agencies in | 19 | | accordance with the requirements for management analysis | 20 | | specified by the Department. | 21 | | (3) Establish charges for information technology and | 22 | | related services requested by client agencies and rendered | 23 | | by the Department. The Department is likewise empowered to | 24 | | establish prices or charges for all information technology | 25 | | reports purchased by agencies and individuals not | 26 | | connected with State government. |
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| 1 | | (4) Instruct all client agencies to report regularly to | 2 | | the Department, in the manner the Department may prescribe, | 3 | | their usage of information technology, the cost incurred, | 4 | | the information produced, and the procedures followed in | 5 | | obtaining the information. All client agencies shall | 6 | | request from the Department assistance and consultation in | 7 | | securing any necessary information technology to support | 8 | | their requirements. | 9 | | (5) Examine the accounts and information | 10 | | technology-related data of any organization, body, or | 11 | | agency receiving appropriations from the General Assembly, | 12 | | except for a State constitutional office. For a State | 13 | | constitutional office, the Department shall have the power | 14 | | to examine the accounts and information technology-related | 15 | | data of the State constitutional office when requested by | 16 | | that office. | 17 | | (6) Install and operate a modern information | 18 | | technology system utilizing equipment adequate to satisfy | 19 | | the requirements for analysis and review as specified by | 20 | | the Department. Expenditures for information technology | 21 | | and related services rendered shall be reimbursed by the | 22 | | recipients. The reimbursement shall be determined by the | 23 | | Department as amounts sufficient to reimburse the | 24 | | Technology Management Revolving Fund for expenditures | 25 | | incurred in rendering the services. | 26 | | (c) In addition to the other powers and duties listed in |
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| 1 | | subsection (b), the Department shall analyze the present and | 2 | | future aims, needs, and requirements of information | 3 | | technology, research, and planning in order to provide for the | 4 | | formulation of overall policy relative to the use of | 5 | | information technology and related equipment by the State of | 6 | | Illinois. In making this analysis, the Department shall | 7 | | formulate a master plan for information technology, utilizing | 8 | | information technology most advantageously, and advising | 9 | | whether information technology should be leased or purchased by | 10 | | the State. The Department shall prepare and submit interim | 11 | | reports of meaningful developments and proposals for | 12 | | legislation to the Governor on or before January 30 each year. | 13 | | The Department shall engage in a continuing analysis and | 14 | | evaluation of the master plan so developed, and it shall be the | 15 | | responsibility of the Department to recommend from time to time | 16 | | any needed amendments and modifications of any master plan | 17 | | enacted by the General Assembly. | 18 | | (d) The Department may make information technology and the | 19 | | use of information technology available to units of local | 20 | | government, elected State officials, State educational | 21 | | institutions, the judicial branch, the legislative branch, and | 22 | | all other governmental units of the State requesting them. The | 23 | | Department shall establish prices and charges for the | 24 | | information technology so furnished and for the use of the | 25 | | information technology. The prices and charges shall be | 26 | | sufficient to reimburse the cost of furnishing the services and |
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| 1 | | use of information technology. | 2 | | (e) The Department may establish standards to provide | 3 | | consistency in the operation and use of information technology. | 4 | | Section 1-35. Communications. | 5 | | (a) The Department shall develop and implement a | 6 | | comprehensive plan to coordinate or centralize communications | 7 | | among State agencies with offices at different locations. The | 8 | | plan shall be updated based on a continuing study of | 9 | | communications problems of State government and shall include | 10 | | any information technology related equipment or service used | 11 | | for communication purposes including digital, analog, or | 12 | | future transmission medium, whether for voice, data, or any | 13 | | combination thereof. The plan shall take into consideration | 14 | | systems that might effect economies, including, but not limited | 15 | | to, quantity discount services and may include provision of | 16 | | telecommunications service to local and federal government | 17 | | entities located within this State if State interests can be | 18 | | served by so doing. | 19 | | (b) The Department shall provide for and coordinate | 20 | | communications services for State agencies and, when requested | 21 | | and when in the best interests of the State, for units of | 22 | | federal or local governments and public and not-for-profit | 23 | | institutions of primary, secondary, and higher education. The | 24 | | Department may make use of, or support or provide any | 25 | | information technology related communications equipment or |
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| 1 | | services necessary and available to support the needs of | 2 | | interested parties not associated with State government | 3 | | provided that State government usage shall have first priority. | 4 | | For this purpose the Department shall have the power to do all | 5 | | of the following: | 6 | | (1) Provide for and control the procurement, | 7 | | retention, installation, and maintenance of communications | 8 | | equipment or services used by State agencies in the | 9 | | interest of efficiency and economy. | 10 | | (2) Review existing standards and, where appropriate, | 11 | | propose to establish new or modified standards for State | 12 | | agencies which shall include a minimum of one | 13 | | telecommunication device for the deaf installed and | 14 | | operational within each State agency, to provide public | 15 | | access to agency information for those persons who are | 16 | | hearing or speech impaired. The Department shall consult | 17 | | the Department of Human Services to develop standards and | 18 | | implementation for this equipment. | 19 | | (3) Establish charges for information technology for | 20 | | State agencies and, when requested, for units of federal or | 21 | | local government and public and not-for-profit | 22 | | institutions of primary, secondary, or higher education. | 23 | | Entities charged for these services shall pay the | 24 | | Department. | 25 | | (4) Instruct all State agencies to report their usage | 26 | | of communication services regularly to the Department in |
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| 1 | | the manner the Department may prescribe. | 2 | | (5) Analyze the present and future aims and needs of | 3 | | all State agencies in the area of communications services | 4 | | and plan to serve those aims and needs in the most | 5 | | effective and efficient manner. | 6 | | (6) Provide telecommunications and other | 7 | | communications services. | 8 | | (7) Establish the administrative organization within | 9 | | the Department that is required to accomplish the purpose | 10 | | of this Section. | 11 | | As used in this subsection (b) only, "State agencies" means | 12 | | all departments, officers, commissions, boards, institutions, | 13 | | and bodies politic and corporate of the State except (i) the | 14 | | judicial branch, including, without limitation, the several | 15 | | courts of the State, the offices of the clerk of the supreme | 16 | | court and the clerks of the appellate court, and the | 17 | | Administrative Office of the Illinois Courts, (ii) State | 18 | | constitutional offices, and (iii) the General Assembly, | 19 | | legislative service agencies, and all officers of the General | 20 | | Assembly. | 21 | | This subsection (b) does not apply to the procurement of | 22 | | Next Generation 9-1-1 service as governed by Section 15.6b of | 23 | | the Emergency Telephone System Act. | 24 | | Section 1-40. Bulk long distance telephone services for | 25 | | military personnel in military service. |
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| 1 | | (a) As used in this Section only: | 2 | | "Immediate family" means a service member's spouse | 3 | | residing in the service member's household, brothers and | 4 | | sisters of the whole or of the half blood, children, including | 5 | | adopted children and stepchildren, parents, and grandparents. | 6 | | "Military service" means any full-time training or duty, no | 7 | | matter how described under federal or State law, for which a | 8 | | service member is ordered to report by the President, Governor | 9 | | of a state, commonwealth, or territory of the United States, or | 10 | | other appropriate military authority. | 11 | | "Service member" means a resident of Illinois who is a | 12 | | member of any component of the United States Armed Forces or | 13 | | the National Guard of any state, the District of Columbia, a | 14 | | commonwealth, or a territory of the United States. | 15 | | (b) The Department may enter into a contract to purchase | 16 | | bulk long distance telephone services and make them available | 17 | | at cost, or may make bulk long distance telephone services | 18 | | available at cost under any existing contract the Department | 19 | | has entered into, to persons in the immediate family of service | 20 | | members that have entered military service so that those | 21 | | persons in the service members' families can communicate with | 22 | | the service members. If the Department enters into a contract | 23 | | under this Section, it shall do so in accordance with the | 24 | | Illinois Procurement Code and in a nondiscriminatory manner | 25 | | that does not place any potential vendor at a competitive | 26 | | disadvantage. |
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| 1 | | (c) In order to be eligible to use bulk long distance | 2 | | telephone services purchased by the Department under this | 3 | | Section, a service member or person in the service member's | 4 | | immediate family must provide the Department with a copy of the | 5 | | orders calling the service member to military service in excess | 6 | | of 29 consecutive days and of any orders further extending the | 7 | | service member's period of military service. | 8 | | (d) If the Department enters into a contract under this | 9 | | Section, the Department shall adopt rules as necessary to | 10 | | implement this Section. | 11 | | Section 1-45. Grants for distance learning services. The | 12 | | Department may award grants to public community colleges and | 13 | | education service centers for development and implementation | 14 | | of telecommunications systems that provide distance learning | 15 | | services. | 16 | | Section 1-50. Rulemaking. The Department may adopt rules | 17 | | under the Illinois Administrative Procedure Act necessary to | 18 | | carry out its responsibilities under this Act. | 19 | | Section 1-55. Executive Orders. | 20 | | (a) Executive Order 2016-001. The Department of Innovation | 21 | | and Technology was created by Executive Order 2016-001. This | 22 | | Act is the implementation of that Executive Order, together | 23 | | with additional provisions to ensure that the Department of |
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| 1 | | Innovation and Technology is able to function as intended under | 2 | | that Executive Order. The intent of this Act is to ensure that | 3 | | the Department is able to fulfill its duties and purpose under | 4 | | that Executive Order. In the event of a conflict between the | 5 | | provisions of the Executive Order and this Act, this Act shall | 6 | | be controlling. | 7 | | (b) Executive Order 1999-05. The Information Technology | 8 | | Office, also known as the Office of the Chief Information | 9 | | Officer, was created by Executive Order 1999-05. That Executive | 10 | | Order is superseded by this Act. | 11 | | Section 1-60. Construction. | 12 | | (a) Notwithstanding any provision of law to the contrary, | 13 | | on and after the effective date of this Act, references to | 14 | | "Bureau of Communications and Computer Services", "Bureau of | 15 | | Information and Communication Services", "Information | 16 | | Technology Office", or "Office of the Chief Information | 17 | | Officer" shall be construed as references to the Department of | 18 | | Innovation and Technology. | 19 | | (b) Notwithstanding any provision of law to the contrary, | 20 | | on and after the effective date of this Act, references to | 21 | | "Chief Information Officer of the State" shall be construed as | 22 | | references to the Secretary of Innovation and Technology. | 23 | | Section 1-905. The Civil Administrative Code of Illinois is | 24 | | amended by changing Sections 5-10, 5-15, 5-20, and 5-605 and by |
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| 1 | | adding Sections 5-195 and 5-357 as follows:
| 2 | | (20 ILCS 5/5-10) (was 20 ILCS 5/2.1)
| 3 | | Sec. 5-10. "Director". As used in the Civil Administrative | 4 | | Code of
Illinois, unless the context clearly indicates
| 5 | | otherwise, the word "director" means the several directors of | 6 | | the departments
of State government as designated in Section | 7 | | 5-20 of this Law and includes the Secretary of Financial and | 8 | | Professional Regulation, the Secretary of Innovation and | 9 | | Technology, the
Secretary of Human Services , and the Secretary | 10 | | of Transportation.
| 11 | | (Source: P.A. 91-239, eff. 1-1-00.)
| 12 | | (20 ILCS 5/5-15) (was 20 ILCS 5/3)
| 13 | | Sec. 5-15. Departments of State government. The | 14 | | Departments of
State government are created as follows:
| 15 | | The Department on Aging.
| 16 | | The Department of Agriculture.
| 17 | | The Department of Central Management Services.
| 18 | | The Department of Children and Family Services.
| 19 | | The Department of Commerce and Economic Opportunity.
| 20 | | The Department of Corrections.
| 21 | | The Department of Employment Security.
| 22 | | The Illinois Emergency Management Agency.
| 23 | | The Department of Financial and Professional Regulation.
| 24 | | The Department of Healthcare and Family Services.
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| 1 | | The Department of Human Rights.
| 2 | | The Department of Human Services.
| 3 | | The Department of Innovation and Technology. | 4 | | The Department of Juvenile Justice.
| 5 | | The Department of Labor.
| 6 | | The Department of the Lottery.
| 7 | | The Department of Natural Resources.
| 8 | | The Department of Public Health.
| 9 | | The Department of Revenue.
| 10 | | The Department of State Police.
| 11 | | The Department of Transportation.
| 12 | | The Department of Veterans' Affairs.
| 13 | | (Source: P.A. 96-328, eff. 8-11-09; 97-618, eff. 10-26-11.)
| 14 | | (20 ILCS 5/5-20) (was 20 ILCS 5/4)
| 15 | | Sec. 5-20. Heads of departments. Each department shall have | 16 | | an
officer as its head who shall
be known as director or | 17 | | secretary and who shall, subject to the
provisions of the Civil | 18 | | Administrative Code of Illinois,
execute the powers and | 19 | | discharge the duties
vested by law in his or her respective | 20 | | department.
| 21 | | The following officers are hereby created:
| 22 | | Director of Aging, for the Department on Aging.
| 23 | | Director of Agriculture, for the Department of | 24 | | Agriculture.
| 25 | | Director of Central Management Services, for the |
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| 1 | | Department of Central
Management Services.
| 2 | | Director of Children and Family Services, for the | 3 | | Department of Children and
Family Services.
| 4 | | Director of Commerce and Economic Opportunity, for
the | 5 | | Department of Commerce
and Economic Opportunity.
| 6 | | Director of Corrections, for the Department of | 7 | | Corrections.
| 8 | | Director of the Illinois Emergency Management Agency, for | 9 | | the Illinois Emergency Management Agency.
| 10 | | Director of Employment Security, for the Department of | 11 | | Employment Security.
| 12 | | Secretary of Financial and Professional Regulation, for | 13 | | the Department of Financial and Professional Regulation.
| 14 | | Director of Healthcare and Family Services, for the | 15 | | Department of Healthcare and Family Services.
| 16 | | Director of Human Rights, for the Department of Human | 17 | | Rights.
| 18 | | Secretary of Human Services, for the Department of Human | 19 | | Services.
| 20 | | Secretary of Innovation and Technology, for the Department | 21 | | of Innovation and Technology. | 22 | | Director of Juvenile Justice, for the Department of | 23 | | Juvenile Justice.
| 24 | | Director of Labor, for the Department of Labor.
| 25 | | Director of the Lottery, for the Department of the Lottery. | 26 | | Director of Natural Resources, for the Department of |
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| 1 | | Natural Resources.
| 2 | | Director of Public Health, for the Department of Public | 3 | | Health.
| 4 | | Director of Revenue, for the Department of Revenue.
| 5 | | Director of State Police, for the Department of State | 6 | | Police.
| 7 | | Secretary of Transportation, for the Department of | 8 | | Transportation.
| 9 | | Director of Veterans' Affairs, for the Department of | 10 | | Veterans' Affairs.
| 11 | | (Source: P.A. 97-464, eff. 10-15-11; 97-618, eff. 10-26-11; | 12 | | 97-813, eff. 7-13-12; 98-499, eff. 8-16-13.)
| 13 | | (20 ILCS 5/5-195 new) | 14 | | Sec. 5-195. In the Department of Innovation and Technology. | 15 | | Assistant Secretary of Innovation and Technology. | 16 | | (20 ILCS 5/5-357 new) | 17 | | Sec. 5-357. In the Department of Innovation and Technology. | 18 | | The Secretary of Innovation and Technology and the Assistant | 19 | | Secretary of Innovation and Technology shall each receive an | 20 | | annual salary as set by law.
| 21 | | (20 ILCS 5/5-605) (was 20 ILCS 5/12)
| 22 | | Sec. 5-605. Appointment of officers. Each officer whose | 23 | | office
is created by the Civil Administrative Code of Illinois |
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| 1 | | or by
any
amendment to the Code shall be appointed by the | 2 | | Governor, by
and with the advice
and consent of the Senate. In | 3 | | case of vacancies in those offices
during the
recess of the | 4 | | Senate, the Governor shall make a temporary appointment until | 5 | | the
next meeting of the Senate, when the Governor shall | 6 | | nominate some
person to fill the
office, and any person so | 7 | | nominated who is confirmed by the Senate
shall hold office | 8 | | during the remainder of the term and until his or her
successor | 9 | | is
appointed and qualified. If the Senate is not in session at | 10 | | the time the
Code
or any amendments to the Code take effect, | 11 | | the Governor shall
make a temporary
appointment as in the case | 12 | | of a vacancy.
| 13 | | During the absence or inability to act of the director or | 14 | | secretary of any
department, or of the Secretary of Human | 15 | | Services or the Secretary of
Transportation, or in case of a | 16 | | vacancy in any such office until a successor
is appointed and | 17 | | qualified, the Governor may designate some person as acting
| 18 | | director or acting secretary to execute the powers and | 19 | | discharge the
duties vested by law in that director or | 20 | | secretary.
| 21 | | During the term of a General Assembly, the Governor may not | 22 | | designate a person to serve as an acting director or secretary | 23 | | under this Section if that person's nomination to serve as the | 24 | | director or secretary of that same Department was rejected by | 25 | | the Senate of the same General Assembly. This Section is | 26 | | subject to the provisions of subsection (c) of Section 3A-40 of |
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| 1 | | the Illinois Governmental Ethics Act. | 2 | | (Source: P.A. 97-582, eff. 8-26-11.)
| 3 | | Section 1-910. The Department of Central Management | 4 | | Services Law of the
Civil Administrative Code of Illinois is | 5 | | amended by changing Sections 405-10, 405-270, and 405-410 as | 6 | | follows:
| 7 | | (20 ILCS 405/405-10) (was 20 ILCS 405/35.3)
| 8 | | Sec. 405-10. Director's duties; State policy. It shall be | 9 | | the duty of
the Director and the policy of the State of | 10 | | Illinois to do the following:
| 11 | | (1) Place financial responsibility on State agencies | 12 | | (as
defined in subsection (b) of Section 405-5) and hold | 13 | | them
accountable for the proper discharge of this | 14 | | responsibility.
| 15 | | (2) Require professional, accurate, and current | 16 | | accounting with the
State agencies (as defined in | 17 | | subsection (b) of Section 405-5).
| 18 | | (3) Decentralize fiscal, procedural, and | 19 | | administrative operations to
expedite the business of the | 20 | | State and to avoid expense, unwieldiness,
inefficiency, | 21 | | and unnecessary duplication where decentralization is | 22 | | consistent
with proper fiscal management.
| 23 | | (4) (Blank). Manage or delegate the management of the | 24 | | procurement, retention,
installation, maintenance, and |
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| 1 | | operation of all electronic data processing
equipment used | 2 | | by State agencies as defined in Section 405-20, so as to | 3 | | achieve
maximum economy consistent with development of | 4 | | adequate and timely information
in a form suitable for | 5 | | management analysis, in a manner that provides for
adequate | 6 | | security protection and back-up facilities for that | 7 | | equipment, the
establishment of bonding requirements, and | 8 | | a code of conduct for all
electronic data processing | 9 | | personnel to ensure the privacy of
electronic data | 10 | | processing information as provided by law.
| 11 | | (Source: P.A. 91-239, eff. 1-1-00 .)
| 12 | | (20 ILCS 405/405-270) (was 20 ILCS 405/67.18)
| 13 | | Sec. 405-270. Broadcast communications Communications | 14 | | services. To provide for and
coordinate broadcast co-ordinate | 15 | | communications services
for State agencies and, when requested | 16 | | and when in the best interests of
the State, for units of | 17 | | federal or local governments and public and
not-for-profit | 18 | | institutions of primary, secondary, and higher education.
The | 19 | | Department may make use of its satellite uplink available to | 20 | | interested
parties not associated with State government | 21 | | provided that State government
usage shall have first priority. | 22 | | For this purpose the Department shall have
the power and duty | 23 | | to do all of the following:
| 24 | | (1) Provide for and control the procurement, | 25 | | retention,
installation,
and maintenance of video |
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| 1 | | recording, satellite uplink, public information, and | 2 | | broadcast communications equipment or services used by
| 3 | | State agencies in the interest of efficiency and economy.
| 4 | | (2) (Blank). Establish standards by January 1, 1989 for | 5 | | communications
services for State agencies which shall | 6 | | include a minimum of one
telecommunication device for the | 7 | | deaf installed and
operational within each State agency, to | 8 | | provide public access to agency
information for those | 9 | | persons who are hearing or speech impaired. The
Department | 10 | | shall consult the Department of Human
Services to develop | 11 | | standards and implementation for this
equipment.
| 12 | | (3) Establish charges (i) for video recording, | 13 | | satellite uplink, public information, and broadcast | 14 | | communication services for
State
agencies
and, when | 15 | | requested, for units of federal or local government and
| 16 | | public
and not-for-profit institutions of primary, | 17 | | secondary, or higher
education
and (ii) for use of the | 18 | | Department's satellite uplink by parties not
associated
| 19 | | with State government. Entities charged for these services | 20 | | shall
reimburse
the Department.
| 21 | | (4) Instruct all State agencies to report their usage | 22 | | of video recording, satellite uplink, public information, | 23 | | and broadcast
communication services regularly to the | 24 | | Department in the
manner
the Director may prescribe.
| 25 | | (5) Analyze the present and future aims and needs of | 26 | | all State
agencies in the area of video recording, |
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| 1 | | satellite uplink, public information, and broadcast | 2 | | communications services and plan to serve
those aims and | 3 | | needs in the most effective and efficient
manner.
| 4 | | (6) Provide services, including, but not limited to, | 5 | | telecommunications, video recording, satellite uplink, | 6 | | public information, and broadcast other communications | 7 | | services.
| 8 | | (7) Establish the administrative organization
within | 9 | | the Department
that is required to accomplish the purpose | 10 | | of this Section.
| 11 | | The Department is authorized , in consultation with the | 12 | | Department of Innovation and Technology, to
conduct a study for | 13 | | the purpose of determining technical, engineering, and
| 14 | | management specifications for the networking, compatible | 15 | | connection, or
shared use of existing and future public and | 16 | | private owned television
broadcast and reception facilities, | 17 | | including but not limited to
terrestrial microwave, fiber | 18 | | optic, and satellite, for broadcast and
reception of | 19 | | educational, governmental, and business programs, and to
| 20 | | implement those specifications.
| 21 | | However, the Department may not control or interfere with | 22 | | the input
of content into the broadcast communications | 23 | | telecommunications systems by the several State
agencies or | 24 | | units of federal or local government, or public or
| 25 | | not-for-profit institutions of primary, secondary, and higher | 26 | | education, or
users of the Department's satellite uplink.
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| 1 | | As used in this Section, the term "State agencies" means | 2 | | all
departments, officers, commissions, boards, institutions, | 3 | | and bodies
politic and corporate of the State except (i) the | 4 | | judicial branch, including, without limitation, the several | 5 | | courts of the State, the offices of the clerk of the supreme | 6 | | court and the clerks of the appellate court, and the | 7 | | Administrative Office of the Illinois Courts and (ii) the | 8 | | General Assembly,
legislative service agencies, and all | 9 | | officers of the General Assembly.
| 10 | | This Section does not apply to the procurement of Next | 11 | | Generation 9-1-1 service as governed by Section 15.6b of the | 12 | | Emergency Telephone System Act. | 13 | | In the event of a conflict between the provisions of this | 14 | | Section and any provision of the Department of Innovation and | 15 | | Technology Act, the Department of Innovation and Technology Act | 16 | | shall be controlling. | 17 | | (Source: P.A. 99-6, eff. 1-1-16 .)
| 18 | | (20 ILCS 405/405-410)
| 19 | | Sec. 405-410. Transfer of Information Technology | 20 | | functions.
| 21 | | (a) Notwithstanding any other law to the contrary, the | 22 | | Secretary of Innovation and Technology Director of Central | 23 | | Management Services , working in cooperation with
the Director | 24 | | of any other agency, department, board, or commission directly
| 25 | | responsible to the Governor, may direct the transfer, to the |
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| 1 | | Department of Innovation and Technology
Central Management | 2 | | Services , of those information technology functions at that
| 3 | | agency, department, board, or commission that are suitable for | 4 | | centralization.
| 5 | | Upon receipt of the written direction to transfer | 6 | | information technology
functions to the Department of | 7 | | Innovation and Technology Central Management Services , the | 8 | | personnel,
equipment, and property (both real and personal) | 9 | | directly relating to the
transferred functions shall be | 10 | | transferred to the Department of Innovation and Technology | 11 | | Central
Management Services , and the relevant documents, | 12 | | records, and correspondence
shall be transferred or copied, as | 13 | | the Secretary Director may prescribe.
| 14 | | (b) Upon receiving written direction from the Secretary of | 15 | | Innovation and Technology Director of Central
Management | 16 | | Services , the Comptroller and Treasurer are authorized
to | 17 | | transfer the unexpended balance of any appropriations related | 18 | | to the
information technology functions transferred to the | 19 | | Department of Innovation and Technology Central
Management | 20 | | Services and shall make the necessary fund transfers from any
| 21 | | special fund in the State Treasury or from any other federal or | 22 | | State trust
fund held by the Treasurer to the General Revenue | 23 | | Fund or the Technology Management Revolving Fund, as designated | 24 | | by the Secretary of Innovation and Technology Director of | 25 | | Central Management Services , for
use by the Department of | 26 | | Innovation and Technology Central Management Services in |
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| 1 | | support of information
technology functions or any other | 2 | | related costs or expenses of the Department
of Innovation and | 3 | | Technology Central Management Services .
| 4 | | (c) The rights of employees and the State and its agencies | 5 | | under the
Personnel Code and applicable collective bargaining | 6 | | agreements or under any
pension, retirement, or annuity plan | 7 | | shall not be affected by any transfer
under this Section.
| 8 | | (d) The functions transferred to the Department of | 9 | | Innovation and Technology Central Management
Services by this | 10 | | Section shall be vested in and shall be exercised by the
| 11 | | Department of Innovation and Technology Central Management | 12 | | Services . Each act done in the exercise of
those functions | 13 | | shall have the same legal effect as if done by the agencies,
| 14 | | offices, divisions, departments, bureaus, boards and | 15 | | commissions from which
they were transferred.
| 16 | | Every person or other entity shall be subject to the same | 17 | | obligations and
duties and any penalties, civil or criminal, | 18 | | arising therefrom, and shall have
the same rights arising from | 19 | | the exercise of such rights, powers, and duties as
had been | 20 | | exercised by the agencies, offices, divisions, departments, | 21 | | bureaus,
boards, and commissions from which they were | 22 | | transferred.
| 23 | | Whenever reports or notices are now required to be made or | 24 | | given or papers
or documents furnished or served by any person | 25 | | in regards to the functions
transferred to or upon the | 26 | | agencies, offices, divisions, departments, bureaus,
boards, |
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| 1 | | and commissions from which the functions were transferred, the | 2 | | same
shall be made, given, furnished or served in the same | 3 | | manner to or upon the
Department of Innovation and Technology | 4 | | Central Management Services .
| 5 | | This Section does not affect any act done, ratified, or | 6 | | cancelled or any
right occurring or established or any action | 7 | | or proceeding had or commenced
in an administrative, civil, or | 8 | | criminal cause regarding the functions
transferred, but those | 9 | | proceedings may be continued by the Department of Innovation | 10 | | and Technology
Central Management Services .
| 11 | | This Section does not affect the legality of any rules in | 12 | | the Illinois
Administrative Code regarding the functions | 13 | | transferred in this Section that
are in force on the effective | 14 | | date of this Section. If necessary, however,
the affected | 15 | | agencies shall propose, adopt, or repeal rules, rule | 16 | | amendments,
and rule recodifications as appropriate to | 17 | | effectuate this Section.
| 18 | | (Source: P.A. 100-23, eff. 7-6-17.)
| 19 | | (20 ILCS 405/405-20 rep.)
| 20 | | (20 ILCS 405/405-250 rep.)
| 21 | | (20 ILCS 405/405-255 rep.)
| 22 | | (20 ILCS 405/405-260 rep.)
| 23 | | (20 ILCS 405/405-265 rep.)
| 24 | | Section 1-915. The Department of Central Management | 25 | | Services Law of the
Civil Administrative Code of Illinois is |
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| 1 | | amended by repealing Sections 405-20, 405-250, 405-255, | 2 | | 405-260, and 405-265. | 3 | | Section 1-920. The Department of Commerce and Economic | 4 | | Opportunity Law of the
Civil Administrative Code of Illinois is | 5 | | amended by changing Sections 605-680 and 605-1007 as follows: | 6 | | (20 ILCS 605/605-680) | 7 | | Sec. 605-680. Illinois goods and services website. | 8 | | (a) The Department , in consultation with the Department of | 9 | | Innovation and Technology, must establish and maintain an | 10 | | Internet website devoted to the marketing of Illinois goods and | 11 | | services by linking potential purchasers with producers of | 12 | | goods and services who are located in the State. | 13 | | (b) The Department must advertise the website to encourage | 14 | | inclusion of producers on the website and to encourage the use | 15 | | of the website by potential purchasers.
| 16 | | (Source: P.A. 93-868, eff. 1-1-05 .) | 17 | | Section 1-925. The Department of Commerce and Economic | 18 | | Opportunity Law of the
Civil Administrative Code of Illinois is | 19 | | amended by changing Section 605-1007 as follows: | 20 | | (20 ILCS 605/605-1007) | 21 | | Sec. 605-1007. New business permitting portal. | 22 | | (a) By July 1, 2017, the Department shall create and |
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| 1 | | maintain , in consultation with the Department of Innovation and | 2 | | Technology, a website to help persons wishing to create new | 3 | | businesses or relocate businesses to Illinois. The Department | 4 | | shall consult with at least one organization representing small | 5 | | businesses in this State while creating the website. | 6 | | (b) The website shall include: | 7 | | (1) an estimate of license and permitting fees for | 8 | | different businesses; | 9 | | (2) State government application forms for business | 10 | | licensing or registration; | 11 | | (3) hyperlinks to websites of the responsible agency or | 12 | | organization responsible for accepting the application; | 13 | | and | 14 | | (4) contact information for any local government | 15 | | permitting agencies that may be relevant. | 16 | | (c) The Department shall contact all agencies to obtain | 17 | | business forms and other information for this website. Those | 18 | | agencies shall respond to the Department before July 1, 2016. | 19 | | (d) The website shall also include some mechanism for the | 20 | | potential business owner to request more information from the | 21 | | Department that may be helpful in starting the business, | 22 | | including, but not limited to, State-based incentives that the | 23 | | business owner may qualify for when starting or relocating a | 24 | | business. | 25 | | (e) The Department shall update the website at least once a | 26 | | year before July 1. The Department shall request that other |
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| 1 | | State agencies report any changes in applicable application | 2 | | forms to the Department by June 1 of every year after 2016.
| 3 | | (Source: P.A. 99-134, eff. 1-1-16 .) | 4 | | Section 1-930. The State Fire Marshal Act is amended by | 5 | | changing Section 2.5 as follows:
| 6 | | (20 ILCS 2905/2.5)
| 7 | | Sec. 2.5. Equipment exchange program. | 8 | | (a) The Office shall create and maintain an
equipment | 9 | | exchange program under which fire departments, fire protection
| 10 | | districts, and township fire departments can donate or sell
| 11 | | equipment to, trade equipment with, or buy equipment from each | 12 | | other.
| 13 | | (b) Under this program, the Office , in consultation with | 14 | | the Department of Innovation and Technology shall maintain a | 15 | | website that allows fire departments, fire protection
| 16 | | districts, and township fire departments to post information | 17 | | and photographs about needed equipment and equipment that is | 18 | | available for trade, donation, or sale. This website must be | 19 | | separate from, and not a part of, the Office's main website; | 20 | | however, the Office must post a hyperlink on its main website | 21 | | that points to the website established under this subsection | 22 | | (b).
| 23 | | (c) The Office or a fire department, fire protection | 24 | | district, or township fire department that
donates, trades, or |
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| 1 | | sells fire protection equipment to another fire department, | 2 | | fire protection
district, or township fire department under | 3 | | this Section
is
not liable for any damage or injury caused by | 4 | | the donated, traded, or sold fire protection
equipment, except | 5 | | for damage or injury caused by its willful and wanton
| 6 | | misconduct,
if it discloses in writing to the recipient at the | 7 | | time of the
donation, trade, or sale any known damage to
or | 8 | | deficiencies in the equipment.
| 9 | | This Section does not relieve any fire department, fire | 10 | | protection district,
or
township fire department from | 11 | | liability, unless otherwise provided by law, for
any
damage or | 12 | | injury caused by donated, traded, or sold fire protection | 13 | | equipment that was received
through the equipment exchange | 14 | | program. | 15 | | (d) The Office must promote the program to encourage the | 16 | | efficient exchange of equipment among local government | 17 | | entities.
| 18 | | (e) The Office must implement the changes to the equipment | 19 | | exchange program required under this amendatory Act of the 94th | 20 | | General Assembly no later than July 1, 2006. | 21 | | (Source: P.A. 93-305, eff. 7-23-03; 94-175, eff. 7-12-05.)
| 22 | | Section 1-935. The Illinois Century Network Act is amended | 23 | | by changing Sections 5, 10, and 15 and by adding Section 7 as | 24 | | follows:
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| 1 | | (20 ILCS 3921/5)
| 2 | | Sec. 5. Legislative findings and declarations. The General | 3 | | Assembly
finds and declares:
| 4 | | (1) That computing and communications technologies are | 5 | | essential for
sustaining economic
competitiveness and | 6 | | fostering the educational vitality of this State.
| 7 | | (2) That there is an established need for a | 8 | | telecommunications
infrastructure that will provide | 9 | | high-speed, reliable, and cost-effective
digital | 10 | | connections throughout the State.
| 11 | | (3) That a network is required that will deliver | 12 | | educational programs,
advanced training, and access to the | 13 | | growing global wealth of information
services to citizens | 14 | | in all parts of this State.
| 15 | | (4) That the State and communication providers shall | 16 | | continue to collaborate to deliver communications links to | 17 | | anchor institutions in Illinois. | 18 | | (Source: P.A. 91-21, eff. 7-1-99.)
| 19 | | (20 ILCS 3921/7 new) | 20 | | Sec. 7. Definitions. Beginning on July 1, 2018, as used in | 21 | | this Act, "anchor institutions" means Illinois schools, | 22 | | institutions of higher education, libraries, museums, research | 23 | | institutions, State agencies, and units of local government.
| 24 | | (20 ILCS 3921/10)
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| 1 | | Sec. 10. Illinois Century Network. The Illinois Century | 2 | | Network shall be a
service creating and maintaining
high speed | 3 | | telecommunications networks that provide reliable | 4 | | communication
links for wholesale connections with other | 5 | | registered or certified providers and the direct communication | 6 | | needs of various anchor institutions throughout Illinois to and | 7 | | among Illinois schools, institutions of higher education,
| 8 | | libraries, museums, research institutions, State agencies, | 9 | | units of local
government, and other local entities that | 10 | | provide services to Illinois
citizens . The Illinois Century | 11 | | Network may shall build on existing investments in
networking | 12 | | schools, colleges, and universities, and shall avoid | 13 | | duplication of existing communication networks if those | 14 | | networks are capable of maintaining future
efforts, maintain | 15 | | sufficient capacity to meet the requirements of anchor | 16 | | institutions the
participating institutions, and stay current | 17 | | with rapid developments in
technology. The Illinois Century | 18 | | Network shall be capable of delivering
state-of-the-art access | 19 | | to education, training, and electronic information and
shall | 20 | | provide access to networking technologies for institutions | 21 | | located in
even the most remote areas of this State .
| 22 | | By July 1, 2019, the Department of Innovation and | 23 | | Technology shall perform a comprehensive review of the Illinois | 24 | | Century Network including, but not limited to, assets, | 25 | | connections, hardware, and capacity of the current network. | 26 | | Nothing in this amendatory Act of the 100th General Assembly |
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| 1 | | shall change contractual obligations of the Illinois Century | 2 | | Network that are effective on or before the effective date of | 3 | | this amendatory Act of the 100th General Assembly. | 4 | | (Source: P.A. 91-21, eff. 7-1-99; 92-691, eff. 7-18-02.)
| 5 | | (20 ILCS 3921/15)
| 6 | | Sec. 15. Management of the Illinois Century Network.
| 7 | | (a) The Department of Innovation and Technology shall | 8 | | govern the staffing and contractual services necessary to | 9 | | support the activities of the Illinois Century Network. | 10 | | Staffing and
contractual services necessary to support the | 11 | | network's activities shall be
governed by the Illinois Century | 12 | | Network Policy Committee. The committee
shall
include:
| 13 | | (1) 6 standing members as follows:
| 14 | | (i) the Illinois State Library Director or | 15 | | designee;
| 16 | | (ii) the Illinois State Museum Director or | 17 | | designee;
| 18 | | (iii) the Executive Director of the Board of Higher
| 19 | | Education or designee;
| 20 | | (iv) the Executive Director of the Illinois | 21 | | Community
College Board or designee;
| 22 | | (v) the State Board of Education State | 23 | | Superintendent or
designee; and
| 24 | | (vi) the Director of Central Management Services | 25 | | or
designee;
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| 1 | | (2) up to 7 members who are appointed by the Governor
| 2 | | and who:
| 3 | | (i) have experience and background in private K-12
| 4 | | education, private higher education, or who are from
| 5 | | other participant constituents that are not already
| 6 | | represented;
| 7 | | (ii) shall serve staggered terms up to 3 years as | 8 | | designated by the
Governor; and
| 9 | | (iii) shall serve until a successor is appointed | 10 | | and
qualified; and
| 11 | | (3) a Chairperson who is appointed by the Governor and | 12 | | who shall
serve a term of 2 years and until a successor is | 13 | | appointed and qualified.
| 14 | | (b) (Blank). Illinois Century Network Policy Committee | 15 | | members shall serve without
compensation but shall be entitled | 16 | | to reimbursement for reasonable expenses of
travel for members | 17 | | who are required to travel for a distance greater than 20
miles | 18 | | to participate in business of the Illinois Century Network | 19 | | Policy
Committee.
| 20 | | (Source: P.A. 98-719, eff. 1-1-15 .)
| 21 | | (20 ILCS 3921/20 rep.)
| 22 | | Section 1-937. The Illinois Century Network Act is amended | 23 | | by repealing Section 20. | 24 | | Section 1-940. The State Finance Act is amended by changing |
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| 1 | | Sections 6p-1, 6p-2, 8.16a, and 8.16b as follows:
| 2 | | (30 ILCS 105/6p-1) (from Ch. 127, par. 142p1)
| 3 | | Sec. 6p-1.
The Technology Management Revolving Fund | 4 | | (formerly known as the Statistical Services Revolving Fund) | 5 | | shall be initially
financed by a transfer of funds from the | 6 | | General Revenue Fund. Thereafter,
all fees and other monies | 7 | | received by the Department of Innovation and Technology Central | 8 | | Management
Services in payment for information technology and | 9 | | related statistical services rendered pursuant to subsection | 10 | | (b) of Section 30 of the Department of Innovation and | 11 | | Technology Act Section
405-20 of the Department of Central | 12 | | Management Services Law (20
ILCS 405/405-20) shall be paid
into
| 13 | | the Technology Management
Revolving Fund. On and after July 1, | 14 | | 2017, or after sufficient moneys have been received in the | 15 | | Communications Revolving Fund to pay all Fiscal Year 2017 | 16 | | obligations payable from the Fund, whichever is later, all fees | 17 | | and other moneys received by the Department of Central | 18 | | Management Services in payment for communications services | 19 | | rendered pursuant to the Department of Central Management | 20 | | Services Law of the Civil Administrative Code of Illinois or | 21 | | sale of surplus State communications equipment shall be paid | 22 | | into the Technology Management Revolving Fund. The money in | 23 | | this fund shall be used
by the Department of Innovation and | 24 | | Technology Central Management Services as reimbursement for
| 25 | | expenditures incurred in rendering information technology and |
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| 1 | | related statistical services and, beginning July 1, 2017, as | 2 | | reimbursement for expenditures incurred in relation to | 3 | | communications services.
| 4 | | (Source: P.A. 100-23, eff. 7-6-17.)
| 5 | | (30 ILCS 105/6p-2) (from Ch. 127, par. 142p2)
| 6 | | Sec. 6p-2.
The Communications Revolving Fund shall be | 7 | | initially financed
by a transfer of funds from the General | 8 | | Revenue Fund. Thereafter, through June 30, 2017, all fees
and | 9 | | other monies received by the Department of Innovation and | 10 | | Technology Central Management Services in
payment for | 11 | | communications services rendered pursuant to the Department of | 12 | | Innovation and Technology Act
Central Management Services Law | 13 | | or sale of surplus State communications
equipment shall be paid | 14 | | into the Communications Revolving Fund. Except as
otherwise | 15 | | provided in this Section, the money in this fund shall be used | 16 | | by the
Department of Innovation and Technology Central | 17 | | Management Services as reimbursement for expenditures
incurred | 18 | | in relation to communications services.
| 19 | | On the effective date of this
amendatory Act of the 93rd | 20 | | General Assembly, or as soon as practicable
thereafter, the | 21 | | State Comptroller shall order transferred and the State
| 22 | | Treasurer shall transfer $3,000,000 from the Communications | 23 | | Revolving Fund to
the Emergency Public Health Fund to be used | 24 | | for the purposes specified in
Section 55.6a of the | 25 | | Environmental Protection Act.
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| 1 | | In addition to any other transfers that may be provided for | 2 | | by law, on July 1, 2011, or as soon thereafter as practical, | 3 | | the State Comptroller shall direct and the State Treasurer | 4 | | shall transfer the sum of $5,000,000 from the General Revenue | 5 | | Fund to the Communications Revolving Fund. | 6 | | Notwithstanding any other provision of law, in addition to | 7 | | any other transfers that may be provided by law, on July 1, | 8 | | 2017, or after sufficient moneys have been received in the | 9 | | Communications Revolving Fund to pay all Fiscal Year 2017 | 10 | | obligations payable from the Fund, whichever is later, the | 11 | | State Comptroller shall direct and the State Treasurer shall | 12 | | transfer the remaining balance from the Communications | 13 | | Revolving Fund into the Technology Management Revolving Fund. | 14 | | Upon completion of the transfer, any future deposits due to | 15 | | that Fund and any outstanding obligations or liabilities of | 16 | | that Fund pass to the Technology Management Revolving Fund. | 17 | | (Source: P.A. 100-23, eff. 7-6-17.)
| 18 | | (30 ILCS 105/8.16a) (from Ch. 127, par. 144.16a)
| 19 | | Sec. 8.16a.
Appropriations for the procurement, | 20 | | installation,
retention, maintenance and operation of | 21 | | electronic data processing and
information technology devices | 22 | | and software used by State state agencies subject to subsection | 23 | | (b) of Section 30 of the Department of Innovation and | 24 | | Technology Act Section 405-20 of
the Department of Central | 25 | | Management Services Law (20 ILCS 405/405-20) , the purchase of |
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| 1 | | necessary
supplies and equipment and accessories thereto, and | 2 | | all other expenses
incident to the operation and maintenance of | 3 | | those electronic data
processing and information technology | 4 | | devices and software are payable from the Technology Management | 5 | | Revolving Fund. However, no contract shall be entered into or
| 6 | | obligation incurred for any expenditure from the Technology | 7 | | Management
Revolving Fund until after the purpose and amount | 8 | | has been approved in
writing by the Secretary of Innovation and | 9 | | Technology Director of Central Management Services . Until | 10 | | there are
sufficient funds in the Technology Management | 11 | | Revolving Fund (formerly known as the Statistical Services | 12 | | Revolving Fund) to carry out
the purposes of this amendatory | 13 | | Act of 1965, however, the State agencies
subject to subsection | 14 | | (b) of Section 30 of the Department of Innovation and | 15 | | Technology Act that Section 405-20
shall, on written approval | 16 | | of the Secretary of Innovation and Technology Director of | 17 | | Central Management
Services , pay the cost of operating and | 18 | | maintaining electronic data processing
systems from current | 19 | | appropriations as classified and standardized in the State | 20 | | Finance Act.
| 21 | | (Source: P.A. 100-23, eff. 7-6-17.)
| 22 | | (30 ILCS 105/8.16b) (from Ch. 127, par. 144.16b)
| 23 | | Sec. 8.16b.
Appropriations for expenses related to
| 24 | | communications services pursuant to
the Civil Administrative | 25 | | Code of Illinois are payable from the
Communications Revolving |
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| 1 | | Fund. However, no contract shall be
entered into or obligation | 2 | | incurred for any expenditure from
the Communications Revolving | 3 | | Fund until after the purpose and
amount has been approved in | 4 | | writing by the Secretary of Innovation and Technology Director | 5 | | of Central
Management Services .
| 6 | | (Source: P.A. 87-817.)
| 7 | | Section 1-943. The Illinois Procurement Code is amended by | 8 | | changing Section 20-60 as follows: | 9 | | (30 ILCS 500/20-60) | 10 | | Sec. 20-60. Duration of contracts. | 11 | | (a) Maximum duration. A contract may be entered into for
| 12 | | any period of time deemed
to be in the best interests of the | 13 | | State but not
exceeding 10 years inclusive, beginning January | 14 | | 1, 2010, of proposed contract renewals. Third parties may lease | 15 | | State-owned dark fiber networks for any period of time deemed | 16 | | to be in the best interest of the State, but not exceeding 20 | 17 | | years. The length of
a lease for real property or capital | 18 | | improvements shall be in
accordance with the provisions of
| 19 | | Section 40-25. The length of energy conservation program | 20 | | contracts or energy savings contracts or leases shall be in | 21 | | accordance with the provisions of Section 25-45. A contract for | 22 | | bond or mortgage insurance awarded by the Illinois Housing | 23 | | Development Authority, however, may be entered into for any | 24 | | period of time less than or equal to the maximum period of time |
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| 1 | | that the subject bond or mortgage may remain outstanding.
| 2 | | (b) Subject to appropriation. All contracts made or entered
| 3 | | into shall recite that they are
subject to termination and | 4 | | cancellation in any year for which the
General Assembly fails | 5 | | to make
an appropriation to make payments under the terms of | 6 | | the contract. | 7 | | (c) The chief procurement officer shall file a proposed | 8 | | extension or renewal of a contract with the Procurement Policy | 9 | | Board prior to entering into any extension or renewal if the | 10 | | cost associated with the extension or renewal exceeds $249,999. | 11 | | The Procurement Policy Board may object to the proposed | 12 | | extension or renewal within 30 calendar days and require a | 13 | | hearing before the Board prior to entering into the extension | 14 | | or renewal. If the Procurement Policy Board does not object | 15 | | within 30 calendar days or takes affirmative action to | 16 | | recommend the extension or renewal, the chief procurement | 17 | | officer may enter into the extension or renewal of a contract. | 18 | | This subsection does not apply to any emergency procurement, | 19 | | any procurement under Article 40, or any procurement exempted | 20 | | by Section 1-10(b) of this Code. If any State agency contract | 21 | | is paid for in whole or in part with federal-aid funds, grants, | 22 | | or loans and the provisions of this subsection would result in | 23 | | the loss of those federal-aid funds, grants, or loans, then the | 24 | | contract is exempt from the provisions of this subsection in | 25 | | order to remain eligible for those federal-aid funds, grants, | 26 | | or loans, and the State agency shall file notice of this |
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| 1 | | exemption with the Procurement Policy Board prior to entering | 2 | | into the proposed extension or renewal. Nothing in this | 3 | | subsection permits a chief procurement officer to enter into an | 4 | | extension or renewal in violation of subsection (a). By August | 5 | | 1 each year, the Procurement Policy Board shall file a report | 6 | | with the General Assembly identifying for the previous fiscal | 7 | | year (i) the proposed extensions or renewals that were filed | 8 | | with the Board and whether the Board objected and (ii) the | 9 | | contracts exempt from this subsection. | 10 | | (d) Notwithstanding the provisions of subsection (a) of | 11 | | this Section, the Department of Innovation and Technology may | 12 | | enter into leases for dark fiber networks for any period of | 13 | | time deemed to be in the best interests of the State but not | 14 | | exceeding 20 years inclusive. The Department of Innovation and | 15 | | Technology may lease dark fiber networks from third parties | 16 | | only for the primary purpose of providing services to (i) the | 17 | | offices of Governor, Lieutenant Governor, Attorney General, | 18 | | Secretary of State, Comptroller, or Treasurer and State | 19 | | agencies, as defined under Section 5-15 of the Civil | 20 | | Administrative Code of Illinois or (ii) for anchor | 21 | | institutions, as defined in Section 7 of the Illinois Century | 22 | | Network Act. Dark fiber network lease contracts shall be | 23 | | subject to all other provisions of this Code and any applicable | 24 | | rules or requirements, including, but not limited to, | 25 | | publication of lease solicitations, use of standard State | 26 | | contracting terms and conditions, and approval of vendor |
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| 1 | | certifications and financial disclosures. | 2 | | (e) As used in this Section, "dark fiber network" means a | 3 | | network of fiber optic cables laid but currently unused by a | 4 | | third party that the third party is leasing for use as network | 5 | | infrastructure. | 6 | | (Source: P.A. 100-23, eff. 7-6-17.) | 7 | | Section 1-945. The Grant Information Collection Act is | 8 | | amended by changing Section 10 as follows: | 9 | | (30 ILCS 707/10)
| 10 | | Sec. 10. Grant information collection. The Secretary of | 11 | | Innovation and Technology Chief Information Officer of the | 12 | | State, as designated by the Governor, shall coordinate with | 13 | | each State agency to develop, with any existing or newly | 14 | | available resources and technology, appropriate systems to | 15 | | accurately report data containing financial information. These | 16 | | systems shall include a module that is specific to the | 17 | | management and administration of grant funds. | 18 | | Each grantor agency that is authorized to award grant funds | 19 | | to an entity other than the State of Illinois shall coordinate | 20 | | with the Secretary of Innovation and Technology Chief | 21 | | Information Officer of the State to provide for the | 22 | | publication, at data.illinois.gov or any other publicly | 23 | | accessible website designated by the Chief Information | 24 | | Officer, of data sets containing information regarding awards |
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| 1 | | of grant funds that the grantor agency has made during the | 2 | | previous fiscal year. Data sets shall be published on at least | 3 | | a quarterly basis and shall include, at a minimum, the | 4 | | following: | 5 | | (1) the name of the grantor agency; | 6 | | (2) the name and postal zip code of the grantee; | 7 | | (3) a short description of the purpose of the award of | 8 | | grant funds; | 9 | | (4) the amount of each award of grant funds; | 10 | | (5) the date of each award of grant funds; and | 11 | | (6) the duration of each award of grant funds. | 12 | | In addition, each grantor agency shall make best efforts, | 13 | | with available resources and technology, to make available in | 14 | | the data sets any other data that is relevant to its award of | 15 | | grant funds. | 16 | | Data not subject to the requirements of this Section | 17 | | include data to which a State agency may deny access pursuant | 18 | | to any provision of a federal, State, or local law, rule, or | 19 | | regulation.
| 20 | | (Source: P.A. 98-589, eff. 1-1-14.) | 21 | | Section 1-950. The Illinois Pension Code is amended by | 22 | | changing Sections 1-160, 14-110, and 15-106 as follows:
| 23 | | (40 ILCS 5/1-160)
| 24 | | Sec. 1-160. Provisions applicable to new hires. |
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| 1 | | (a) The provisions of this Section apply to a person who, | 2 | | on or after January 1, 2011, first becomes a member or a | 3 | | participant under any reciprocal retirement system or pension | 4 | | fund established under this Code, other than a retirement | 5 | | system or pension fund established under Article 2, 3, 4, 5, 6, | 6 | | 15 or 18 of this Code, notwithstanding any other provision of | 7 | | this Code to the contrary, but do not apply to any self-managed | 8 | | plan established under this Code, to any person with respect to | 9 | | service as a sheriff's law enforcement employee under Article | 10 | | 7, or to any participant of the retirement plan established | 11 | | under Section 22-101. Notwithstanding anything to the contrary | 12 | | in this Section, for purposes of this Section, a person who | 13 | | participated in a retirement system under Article 15 prior to | 14 | | January 1, 2011 shall be deemed a person who first became a | 15 | | member or participant prior to January 1, 2011 under any | 16 | | retirement system or pension fund subject to this Section. The | 17 | | changes made to this Section by Public Act 98-596 are a | 18 | | clarification of existing law and are intended to be | 19 | | retroactive to January 1, 2011 (the effective date of Public | 20 | | Act 96-889), notwithstanding the provisions of Section 1-103.1 | 21 | | of this Code. | 22 | | This Section does not apply to a person who first becomes a | 23 | | noncovered employee under Article 14 on or after the | 24 | | implementation date of the plan created under Section 1-161 for | 25 | | that Article, unless that person elects under subsection (b) of | 26 | | Section 1-161 to instead receive the benefits provided under |
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| 1 | | this Section and the applicable provisions of that Article. | 2 | | This Section does not apply to a person who first becomes a | 3 | | member or participant under Article 16 on or after the | 4 | | implementation date of the plan created under Section 1-161 for | 5 | | that Article, unless that person elects under subsection (b) of | 6 | | Section 1-161 to instead receive the benefits provided under | 7 | | this Section and the applicable provisions of that Article. | 8 | | This Section does not apply to a person who elects under | 9 | | subsection (c-5) of Section 1-161 to receive the benefits under | 10 | | Section 1-161. | 11 | | This Section does not apply to a person who first becomes a | 12 | | member or participant of an affected pension fund on or after 6 | 13 | | months after the resolution or ordinance date, as defined in | 14 | | Section 1-162, unless that person elects under subsection (c) | 15 | | of Section 1-162 to receive the benefits provided under this | 16 | | Section and the applicable provisions of the Article under | 17 | | which he or she is a member or participant. | 18 | | (b) "Final average salary" means the average monthly (or | 19 | | annual) salary obtained by dividing the total salary or | 20 | | earnings calculated under the Article applicable to the member | 21 | | or participant during the 96 consecutive months (or 8 | 22 | | consecutive years) of service within the last 120 months (or 10 | 23 | | years) of service in which the total salary or earnings | 24 | | calculated under the applicable Article was the highest by the | 25 | | number of months (or years) of service in that period. For the | 26 | | purposes of a person who first becomes a member or participant |
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| 1 | | of any retirement system or pension fund to which this Section | 2 | | applies on or after January 1, 2011, in this Code, "final | 3 | | average salary" shall be substituted for the following: | 4 | | (1) In Article 7 (except for service as sheriff's law | 5 | | enforcement employees), "final rate of earnings". | 6 | | (2) In Articles 8, 9, 10, 11, and 12, "highest average | 7 | | annual salary for any 4 consecutive years within the last | 8 | | 10 years of service immediately preceding the date of | 9 | | withdrawal". | 10 | | (3) In Article 13, "average final salary". | 11 | | (4) In Article 14, "final average compensation". | 12 | | (5) In Article 17, "average salary". | 13 | | (6) In Section 22-207, "wages or salary received by him | 14 | | at the date of retirement or discharge". | 15 | | (b-5) Beginning on January 1, 2011, for all purposes under | 16 | | this Code (including without limitation the calculation of | 17 | | benefits and employee contributions), the annual earnings, | 18 | | salary, or wages (based on the plan year) of a member or | 19 | | participant to whom this Section applies shall not exceed | 20 | | $106,800; however, that amount shall annually thereafter be | 21 | | increased by the lesser of (i) 3% of that amount, including all | 22 | | previous adjustments, or (ii) one-half the annual unadjusted | 23 | | percentage increase (but not less than zero) in the consumer | 24 | | price index-u
for the 12 months ending with the September | 25 | | preceding each November 1, including all previous adjustments. | 26 | | For the purposes of this Section, "consumer price index-u" |
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| 1 | | means
the index published by the Bureau of Labor Statistics of | 2 | | the United States
Department of Labor that measures the average | 3 | | change in prices of goods and
services purchased by all urban | 4 | | consumers, United States city average, all
items, 1982-84 = | 5 | | 100. The new amount resulting from each annual adjustment
shall | 6 | | be determined by the Public Pension Division of the Department | 7 | | of Insurance and made available to the boards of the retirement | 8 | | systems and pension funds by November 1 of each year. | 9 | | (c) A member or participant is entitled to a retirement
| 10 | | annuity upon written application if he or she has attained age | 11 | | 67 (beginning January 1, 2015, age 65 with respect to service | 12 | | under Article 12 of this Code that is subject to this Section) | 13 | | and has at least 10 years of service credit and is otherwise | 14 | | eligible under the requirements of the applicable Article. | 15 | | A member or participant who has attained age 62 (beginning | 16 | | January 1, 2015, age 60 with respect to service under Article | 17 | | 12 of this Code that is subject to this Section) and has at | 18 | | least 10 years of service credit and is otherwise eligible | 19 | | under the requirements of the applicable Article may elect to | 20 | | receive the lower retirement annuity provided
in subsection (d) | 21 | | of this Section. | 22 | | (c-5) A person who first becomes a member or a participant | 23 | | under Article 8 or Article 11 of this Code on or after the | 24 | | effective date of this amendatory Act of the 100th General | 25 | | Assembly, notwithstanding any other provision of this Code to | 26 | | the contrary, is entitled to a retirement annuity upon written |
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| 1 | | application if he or she has attained age 65 and has at least | 2 | | 10 years of service credit under Article 8 or Article 11 of | 3 | | this Code and is otherwise eligible under the requirements of | 4 | | Article 8 or Article 11 of this Code, whichever is applicable. | 5 | | (d) The retirement annuity of a member or participant who | 6 | | is retiring after attaining age 62 (beginning January 1, 2015, | 7 | | age 60 with respect to service under Article 12 of this Code | 8 | | that is subject to this Section) with at least 10 years of | 9 | | service credit shall be reduced by one-half
of 1% for each full | 10 | | month that the member's age is under age 67 (beginning January | 11 | | 1, 2015, age 65 with respect to service under Article 12 of | 12 | | this Code that is subject to this Section). | 13 | | (d-5) The retirement annuity of a person who first becomes | 14 | | a member or a participant under Article 8 or Article 11 of this | 15 | | Code on or after the effective date of this amendatory Act of | 16 | | the 100th General Assembly who is retiring at age 60 with at | 17 | | least 10 years of service credit under Article 8 or Article 11 | 18 | | shall be reduced by one-half of 1% for each full month that the | 19 | | member's age is under age 65. | 20 | | (d-10) Each person who first became a member or participant | 21 | | under Article 8 or Article 11 of this Code on or after January | 22 | | 1, 2011 and prior to the effective date of this amendatory Act | 23 | | of the 100th General Assembly shall make an irrevocable | 24 | | election either: | 25 | | (i) to be eligible for the reduced retirement age | 26 | | provided in subsections (c-5)
and (d-5) of this Section, |
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| 1 | | the eligibility for which is conditioned upon the member or | 2 | | participant agreeing to the increases in employee | 3 | | contributions for age and service annuities provided in | 4 | | subsection (a-5) of Section 8-174 of this Code (for service | 5 | | under Article 8) or subsection (a-5) of Section 11-170 of | 6 | | this Code (for service under Article 11); or | 7 | | (ii) to not agree to item (i) of this subsection | 8 | | (d-10), in which case the member or participant shall | 9 | | continue to be subject to the retirement age provisions in | 10 | | subsections (c) and (d) of this Section and the employee | 11 | | contributions for age and service annuity as provided in | 12 | | subsection (a) of Section 8-174 of this Code (for service | 13 | | under Article 8) or subsection (a) of Section 11-170 of | 14 | | this Code (for service under Article 11). | 15 | | The election provided for in this subsection shall be made | 16 | | between October 1, 2017 and November 15, 2017. A person subject | 17 | | to this subsection who makes the required election shall remain | 18 | | bound by that election. A person subject to this subsection who | 19 | | fails for any reason to make the required election within the | 20 | | time specified in this subsection shall be deemed to have made | 21 | | the election under item (ii). | 22 | | (e) Any retirement annuity or supplemental annuity shall be | 23 | | subject to annual increases on the January 1 occurring either | 24 | | on or after the attainment of age 67 (beginning January 1, | 25 | | 2015, age 65 with respect to service under Article 12 of this | 26 | | Code that is subject to this Section and beginning on the |
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| 1 | | effective date of this amendatory Act of the 100th General | 2 | | Assembly, age 65 with respect to persons who: (i) first became | 3 | | members or participants under Article 8 or Article 11 of this | 4 | | Code on or after the effective date of this amendatory Act of | 5 | | the 100th General Assembly; or (ii) first became members or | 6 | | participants under Article 8 or Article 11 of this Code on or | 7 | | after January 1, 2011 and before the effective date of this | 8 | | amendatory Act of the 100th General Assembly and made the | 9 | | election under item (i) of subsection (d-10) of this Section) | 10 | | or the first anniversary of the annuity start date, whichever | 11 | | is later. Each annual increase shall be calculated at 3% or | 12 | | one-half the annual unadjusted percentage increase (but not | 13 | | less than zero) in the consumer price index-u for the 12 months | 14 | | ending with the September preceding each November 1, whichever | 15 | | is less, of the originally granted retirement annuity. If the | 16 | | annual unadjusted percentage change in the consumer price | 17 | | index-u for the 12 months ending with the September preceding | 18 | | each November 1 is zero or there is a decrease, then the | 19 | | annuity shall not be increased. | 20 | | For the purposes of Section 1-103.1 of this Code, the | 21 | | changes made to this Section by this amendatory Act of the | 22 | | 100th General Assembly are applicable without regard to whether | 23 | | the employee was in active service on or after the effective | 24 | | date of this amendatory Act of the 100th General Assembly. | 25 | | (f) The initial survivor's or widow's annuity of an | 26 | | otherwise eligible survivor or widow of a retired member or |
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| 1 | | participant who first became a member or participant on or | 2 | | after January 1, 2011 shall be in the amount of 66 2/3% of the | 3 | | retired member's or participant's retirement annuity at the | 4 | | date of death. In the case of the death of a member or | 5 | | participant who has not retired and who first became a member | 6 | | or participant on or after January 1, 2011, eligibility for a | 7 | | survivor's or widow's annuity shall be determined by the | 8 | | applicable Article of this Code. The initial benefit shall be | 9 | | 66 2/3% of the earned annuity without a reduction due to age. A | 10 | | child's annuity of an otherwise eligible child shall be in the | 11 | | amount prescribed under each Article if applicable. Any | 12 | | survivor's or widow's annuity shall be increased (1) on each | 13 | | January 1 occurring on or after the commencement of the annuity | 14 | | if
the deceased member died while receiving a retirement | 15 | | annuity or (2) in
other cases, on each January 1 occurring | 16 | | after the first anniversary
of the commencement of the annuity. | 17 | | Each annual increase shall be calculated at 3% or one-half the | 18 | | annual unadjusted percentage increase (but not less than zero) | 19 | | in the consumer price index-u for the 12 months ending with the | 20 | | September preceding each November 1, whichever is less, of the | 21 | | originally granted survivor's annuity. If the annual | 22 | | unadjusted percentage change in the consumer price index-u for | 23 | | the 12 months ending with the September preceding each November | 24 | | 1 is zero or there is a decrease, then the annuity shall not be | 25 | | increased. | 26 | | (g) The benefits in Section 14-110 apply only if the person |
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| 1 | | is a State policeman, a fire fighter in the fire protection | 2 | | service of a department, or a security employee of the | 3 | | Department of Corrections or the Department of Juvenile | 4 | | Justice, or a security employee of the Department of Innovation | 5 | | and Technology, as those terms are defined in subsection (b) | 6 | | and subsection (c) of Section 14-110. A person who meets the | 7 | | requirements of this Section is entitled to an annuity | 8 | | calculated under the provisions of Section 14-110, in lieu of | 9 | | the regular or minimum retirement annuity, only if the person | 10 | | has withdrawn from service with not less than 20
years of | 11 | | eligible creditable service and has attained age 60, regardless | 12 | | of whether
the attainment of age 60 occurs while the person is
| 13 | | still in service. | 14 | | (h) If a person who first becomes a member or a participant | 15 | | of a retirement system or pension fund subject to this Section | 16 | | on or after January 1, 2011 is receiving a retirement annuity | 17 | | or retirement pension under that system or fund and becomes a | 18 | | member or participant under any other system or fund created by | 19 | | this Code and is employed on a full-time basis, except for | 20 | | those members or participants exempted from the provisions of | 21 | | this Section under subsection (a) of this Section, then the | 22 | | person's retirement annuity or retirement pension under that | 23 | | system or fund shall be suspended during that employment. Upon | 24 | | termination of that employment, the person's retirement | 25 | | annuity or retirement pension payments shall resume and be | 26 | | recalculated if recalculation is provided for under the |
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| 1 | | applicable Article of this Code. | 2 | | If a person who first becomes a member of a retirement | 3 | | system or pension fund subject to this Section on or after | 4 | | January 1, 2012 and is receiving a retirement annuity or | 5 | | retirement pension under that system or fund and accepts on a | 6 | | contractual basis a position to provide services to a | 7 | | governmental entity from which he or she has retired, then that | 8 | | person's annuity or retirement pension earned as an active | 9 | | employee of the employer shall be suspended during that | 10 | | contractual service. A person receiving an annuity or | 11 | | retirement pension under this Code shall notify the pension | 12 | | fund or retirement system from which he or she is receiving an | 13 | | annuity or retirement pension, as well as his or her | 14 | | contractual employer, of his or her retirement status before | 15 | | accepting contractual employment. A person who fails to submit | 16 | | such notification shall be guilty of a Class A misdemeanor and | 17 | | required to pay a fine of $1,000. Upon termination of that | 18 | | contractual employment, the person's retirement annuity or | 19 | | retirement pension payments shall resume and, if appropriate, | 20 | | be recalculated under the applicable provisions of this Code. | 21 | | (i) (Blank). | 22 | | (j) In the case of a conflict between the provisions of | 23 | | this Section and any other provision of this Code, the | 24 | | provisions of this Section shall control.
| 25 | | (Source: P.A. 100-23, eff. 7-6-17; 100-201, eff. 8-18-17; | 26 | | 100-563, eff. 12-8-17.)
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| 1 | | (40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)
| 2 | | Sec. 14-110. Alternative retirement annuity.
| 3 | | (a) Any member who has withdrawn from service with not less | 4 | | than 20
years of eligible creditable service and has attained | 5 | | age 55, and any
member who has withdrawn from service with not | 6 | | less than 25 years of
eligible creditable service and has | 7 | | attained age 50, regardless of whether
the attainment of either | 8 | | of the specified ages occurs while the member is
still in | 9 | | service, shall be entitled to receive at the option of the | 10 | | member,
in lieu of the regular or minimum retirement annuity, a | 11 | | retirement annuity
computed as follows:
| 12 | | (i) for periods of service as a noncovered employee:
if | 13 | | retirement occurs on or after January 1, 2001, 3% of final
| 14 | | average compensation for each year of creditable service; | 15 | | if retirement occurs
before January 1, 2001, 2 1/4% of | 16 | | final average compensation for each of the
first 10 years | 17 | | of creditable service, 2 1/2% for each year above 10 years | 18 | | to
and including 20 years of creditable service, and 2 3/4% | 19 | | for each year of
creditable service above 20 years; and
| 20 | | (ii) for periods of eligible creditable service as a | 21 | | covered employee:
if retirement occurs on or after January | 22 | | 1, 2001, 2.5% of final average
compensation for each year | 23 | | of creditable service; if retirement occurs before
January | 24 | | 1, 2001, 1.67% of final average compensation for each of | 25 | | the first
10 years of such service, 1.90% for each of the |
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| 1 | | next 10 years of such service,
2.10% for each year of such | 2 | | service in excess of 20 but not exceeding 30, and
2.30% for | 3 | | each year in excess of 30.
| 4 | | Such annuity shall be subject to a maximum of 75% of final | 5 | | average
compensation if retirement occurs before January 1, | 6 | | 2001 or to a maximum
of 80% of final average compensation if | 7 | | retirement occurs on or after January
1, 2001.
| 8 | | These rates shall not be applicable to any service | 9 | | performed
by a member as a covered employee which is not | 10 | | eligible creditable service.
Service as a covered employee | 11 | | which is not eligible creditable service
shall be subject to | 12 | | the rates and provisions of Section 14-108.
| 13 | | (b) For the purpose of this Section, "eligible creditable | 14 | | service" means
creditable service resulting from service in one | 15 | | or more of the following
positions:
| 16 | | (1) State policeman;
| 17 | | (2) fire fighter in the fire protection service of a | 18 | | department;
| 19 | | (3) air pilot;
| 20 | | (4) special agent;
| 21 | | (5) investigator for the Secretary of State;
| 22 | | (6) conservation police officer;
| 23 | | (7) investigator for the Department of Revenue or the | 24 | | Illinois Gaming Board;
| 25 | | (8) security employee of the Department of Human | 26 | | Services;
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| 1 | | (9) Central Management Services security police | 2 | | officer;
| 3 | | (10) security employee of the Department of | 4 | | Corrections or the Department of Juvenile Justice;
| 5 | | (11) dangerous drugs investigator;
| 6 | | (12) investigator for the Department of State Police;
| 7 | | (13) investigator for the Office of the Attorney | 8 | | General;
| 9 | | (14) controlled substance inspector;
| 10 | | (15) investigator for the Office of the State's | 11 | | Attorneys Appellate
Prosecutor;
| 12 | | (16) Commerce Commission police officer;
| 13 | | (17) arson investigator;
| 14 | | (18) State highway maintenance worker ; .
| 15 | | (19) security employee of the Department of Innovation | 16 | | and Technology. | 17 | | A person employed in one of the positions specified in this | 18 | | subsection is
entitled to eligible creditable service for | 19 | | service credit earned under this
Article while undergoing the | 20 | | basic police training course approved by the
Illinois Law | 21 | | Enforcement Training
Standards Board, if
completion of that | 22 | | training is required of persons serving in that position.
For | 23 | | the purposes of this Code, service during the required basic | 24 | | police
training course shall be deemed performance of the | 25 | | duties of the specified
position, even though the person is not | 26 | | a sworn peace officer at the time of
the training.
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| 1 | | (c) For the purposes of this Section:
| 2 | | (1) The term "State policeman" includes any title or | 3 | | position
in the Department of State Police that is held by | 4 | | an individual employed
under the State Police Act.
| 5 | | (2) The term "fire fighter in the fire protection | 6 | | service of a
department" includes all officers in such fire | 7 | | protection service
including fire chiefs and assistant | 8 | | fire chiefs.
| 9 | | (3) The term "air pilot" includes any employee whose | 10 | | official job
description on file in the Department of | 11 | | Central Management Services, or
in the department by which | 12 | | he is employed if that department is not covered
by the | 13 | | Personnel Code, states that his principal duty is the | 14 | | operation of
aircraft, and who possesses a pilot's license; | 15 | | however, the change in this
definition made by this | 16 | | amendatory Act of 1983 shall not operate to exclude
any | 17 | | noncovered employee who was an "air pilot" for the purposes | 18 | | of this
Section on January 1, 1984.
| 19 | | (4) The term "special agent" means any person who by | 20 | | reason of
employment by the Division of Narcotic Control, | 21 | | the Bureau of Investigation
or, after July 1, 1977, the | 22 | | Division of Criminal Investigation, the
Division of | 23 | | Internal Investigation, the Division of Operations, or any
| 24 | | other Division or organizational
entity in the Department | 25 | | of State Police is vested by law with duties to
maintain | 26 | | public order, investigate violations of the criminal law of |
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| 1 | | this
State, enforce the laws of this State, make arrests | 2 | | and recover property.
The term "special agent" includes any | 3 | | title or position in the Department
of State Police that is | 4 | | held by an individual employed under the State
Police Act.
| 5 | | (5) The term "investigator for the Secretary of State" | 6 | | means any person
employed by the Office of the Secretary of | 7 | | State and vested with such
investigative duties as render | 8 | | him ineligible for coverage under the Social
Security Act | 9 | | by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and | 10 | | 218(l)(1)
of that Act.
| 11 | | A person who became employed as an investigator for the | 12 | | Secretary of
State between January 1, 1967 and December 31, | 13 | | 1975, and who has served as
such until attainment of age | 14 | | 60, either continuously or with a single break
in service | 15 | | of not more than 3 years duration, which break terminated | 16 | | before
January 1, 1976, shall be entitled to have his | 17 | | retirement annuity
calculated in accordance with | 18 | | subsection (a), notwithstanding
that he has less than 20 | 19 | | years of credit for such service.
| 20 | | (6) The term "Conservation Police Officer" means any | 21 | | person employed
by the Division of Law Enforcement of the | 22 | | Department of Natural Resources and
vested with such law | 23 | | enforcement duties as render him ineligible for coverage
| 24 | | under the Social Security Act by reason of Sections | 25 | | 218(d)(5)(A), 218(d)(8)(D),
and 218(l)(1) of that Act. The | 26 | | term "Conservation Police Officer" includes
the positions |
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| 1 | | of Chief Conservation Police Administrator and Assistant
| 2 | | Conservation Police Administrator.
| 3 | | (7) The term "investigator for the Department of | 4 | | Revenue" means any
person employed by the Department of | 5 | | Revenue and vested with such
investigative duties as render | 6 | | him ineligible for coverage under the Social
Security Act | 7 | | by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and | 8 | | 218(l)(1)
of that Act.
| 9 | | The term "investigator for the Illinois Gaming Board" | 10 | | means any
person employed as such by the Illinois Gaming | 11 | | Board and vested with such
peace officer duties as render | 12 | | the person ineligible for coverage under the Social
| 13 | | Security Act by reason of Sections 218(d)(5)(A), | 14 | | 218(d)(8)(D), and 218(l)(1)
of that Act.
| 15 | | (8) The term "security employee of the Department of | 16 | | Human Services"
means any person employed by the Department | 17 | | of Human Services who (i) is
employed at the Chester Mental | 18 | | Health Center and has daily contact with the
residents | 19 | | thereof, (ii) is employed within a security unit at a | 20 | | facility
operated by the Department and has daily contact | 21 | | with the residents of the
security unit, (iii) is employed | 22 | | at a facility operated by the Department
that includes a | 23 | | security unit and is regularly scheduled to work at least
| 24 | | 50% of his or her working hours within that security unit, | 25 | | or (iv) is a mental health police officer.
"Mental health | 26 | | police officer" means any person employed by the Department |
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| 1 | | of
Human Services in a position pertaining to the | 2 | | Department's mental health and
developmental disabilities | 3 | | functions who is vested with such law enforcement
duties as | 4 | | render the person ineligible for coverage under the Social | 5 | | Security
Act by reason of Sections 218(d)(5)(A), | 6 | | 218(d)(8)(D) and 218(l)(1) of that
Act. "Security unit" | 7 | | means that portion of a facility that is devoted to
the | 8 | | care, containment, and treatment of persons committed to | 9 | | the Department of
Human Services as sexually violent | 10 | | persons, persons unfit to stand trial, or
persons not | 11 | | guilty by reason of insanity. With respect to past | 12 | | employment,
references to the Department of Human Services | 13 | | include its predecessor, the
Department of Mental Health | 14 | | and Developmental Disabilities.
| 15 | | The changes made to this subdivision (c)(8) by Public | 16 | | Act 92-14 apply to persons who retire on or after January | 17 | | 1,
2001, notwithstanding Section 1-103.1.
| 18 | | (9) "Central Management Services security police | 19 | | officer" means any
person employed by the Department of | 20 | | Central Management Services who is
vested with such law | 21 | | enforcement duties as render him ineligible for
coverage | 22 | | under the Social Security Act by reason of Sections | 23 | | 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act.
| 24 | | (10) For a member who first became an employee under | 25 | | this Article before July 1, 2005, the term "security | 26 | | employee of the Department of Corrections or the Department |
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| 1 | | of Juvenile Justice"
means any employee of the Department | 2 | | of Corrections or the Department of Juvenile Justice or the | 3 | | former
Department of Personnel, and any member or employee | 4 | | of the Prisoner
Review Board, who has daily contact with | 5 | | inmates or youth by working within a
correctional facility | 6 | | or Juvenile facility operated by the Department of Juvenile | 7 | | Justice or who is a parole officer or an employee who has
| 8 | | direct contact with committed persons in the performance of | 9 | | his or her
job duties. For a member who first becomes an | 10 | | employee under this Article on or after July 1, 2005, the | 11 | | term means an employee of the Department of Corrections or | 12 | | the Department of Juvenile Justice who is any of the | 13 | | following: (i) officially headquartered at a correctional | 14 | | facility or Juvenile facility operated by the Department of | 15 | | Juvenile Justice, (ii) a parole officer, (iii) a member of | 16 | | the apprehension unit, (iv) a member of the intelligence | 17 | | unit, (v) a member of the sort team, or (vi) an | 18 | | investigator.
| 19 | | (11) The term "dangerous drugs investigator" means any | 20 | | person who is
employed as such by the Department of Human | 21 | | Services.
| 22 | | (12) The term "investigator for the Department of State | 23 | | Police" means
a person employed by the Department of State | 24 | | Police who is vested under
Section 4 of the Narcotic | 25 | | Control Division Abolition Act with such
law enforcement | 26 | | powers as render him ineligible for coverage under the
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| 1 | | Social Security Act by reason of Sections 218(d)(5)(A), | 2 | | 218(d)(8)(D) and
218(l)(1) of that Act.
| 3 | | (13) "Investigator for the Office of the Attorney | 4 | | General" means any
person who is employed as such by the | 5 | | Office of the Attorney General and
is vested with such | 6 | | investigative duties as render him ineligible for
coverage | 7 | | under the Social Security Act by reason of Sections | 8 | | 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act. For | 9 | | the period before January 1,
1989, the term includes all | 10 | | persons who were employed as investigators by the
Office of | 11 | | the Attorney General, without regard to social security | 12 | | status.
| 13 | | (14) "Controlled substance inspector" means any person | 14 | | who is employed
as such by the Department of Professional | 15 | | Regulation and is vested with such
law enforcement duties | 16 | | as render him ineligible for coverage under the Social
| 17 | | Security Act by reason of Sections 218(d)(5)(A), | 18 | | 218(d)(8)(D) and 218(l)(1) of
that Act. The term | 19 | | "controlled substance inspector" includes the Program
| 20 | | Executive of Enforcement and the Assistant Program | 21 | | Executive of Enforcement.
| 22 | | (15) The term "investigator for the Office of the | 23 | | State's Attorneys
Appellate Prosecutor" means a person | 24 | | employed in that capacity on a full
time basis under the | 25 | | authority of Section 7.06 of the State's Attorneys
| 26 | | Appellate Prosecutor's Act.
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| 1 | | (16) "Commerce Commission police officer" means any | 2 | | person employed
by the Illinois Commerce Commission who is | 3 | | vested with such law
enforcement duties as render him | 4 | | ineligible for coverage under the Social
Security Act by | 5 | | reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
| 6 | | 218(l)(1) of that Act.
| 7 | | (17) "Arson investigator" means any person who is | 8 | | employed as such by
the Office of the State Fire Marshal | 9 | | and is vested with such law enforcement
duties as render | 10 | | the person ineligible for coverage under the Social | 11 | | Security
Act by reason of Sections 218(d)(5)(A), | 12 | | 218(d)(8)(D), and 218(l)(1) of that
Act. A person who was | 13 | | employed as an arson
investigator on January 1, 1995 and is | 14 | | no longer in service but not yet
receiving a retirement | 15 | | annuity may convert his or her creditable service for
| 16 | | employment as an arson investigator into eligible | 17 | | creditable service by paying
to the System the difference | 18 | | between the employee contributions actually paid
for that | 19 | | service and the amounts that would have been contributed if | 20 | | the
applicant were contributing at the rate applicable to | 21 | | persons with the same
social security status earning | 22 | | eligible creditable service on the date of
application.
| 23 | | (18) The term "State highway maintenance worker" means | 24 | | a person who is
either of the following:
| 25 | | (i) A person employed on a full-time basis by the | 26 | | Illinois
Department of Transportation in the position |
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| 1 | | of
highway maintainer,
highway maintenance lead | 2 | | worker,
highway maintenance lead/lead worker,
heavy | 3 | | construction equipment operator,
power shovel | 4 | | operator, or
bridge mechanic; and
whose principal | 5 | | responsibility is to perform, on the roadway, the | 6 | | actual
maintenance necessary to keep the highways that | 7 | | form a part of the State
highway system in serviceable | 8 | | condition for vehicular traffic.
| 9 | | (ii) A person employed on a full-time basis by the | 10 | | Illinois
State Toll Highway Authority in the position | 11 | | of
equipment operator/laborer H-4,
equipment | 12 | | operator/laborer H-6,
welder H-4,
welder H-6,
| 13 | | mechanical/electrical H-4,
mechanical/electrical H-6,
| 14 | | water/sewer H-4,
water/sewer H-6,
sign maker/hanger | 15 | | H-4,
sign maker/hanger H-6,
roadway lighting H-4,
| 16 | | roadway lighting H-6,
structural H-4,
structural H-6,
| 17 | | painter H-4, or
painter H-6; and
whose principal | 18 | | responsibility is to perform, on the roadway, the | 19 | | actual
maintenance necessary to keep the Authority's | 20 | | tollways in serviceable condition
for vehicular | 21 | | traffic.
| 22 | | (19) The term "security employee of the Department of | 23 | | Innovation and Technology" means a person who was a | 24 | | security employee of the Department of Corrections or the | 25 | | Department of Juvenile Justice, was transferred to the | 26 | | Department of Innovation and Technology pursuant to |
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| 1 | | Executive Order 2016-01, and continues to perform similar | 2 | | job functions under that Department. | 3 | | (d) A security employee of the Department of Corrections or | 4 | | the Department of Juvenile Justice, and a security
employee of | 5 | | the Department of Human Services who is not a mental health | 6 | | police
officer, and a security employee of the Department of | 7 | | Innovation and Technology shall not be eligible for the | 8 | | alternative retirement annuity provided
by this Section unless | 9 | | he or she meets the following minimum age and service
| 10 | | requirements at the time of retirement:
| 11 | | (i) 25 years of eligible creditable service and age 55; | 12 | | or
| 13 | | (ii) beginning January 1, 1987, 25 years of eligible | 14 | | creditable service
and age 54, or 24 years of eligible | 15 | | creditable service and age 55; or
| 16 | | (iii) beginning January 1, 1988, 25 years of eligible | 17 | | creditable service
and age 53, or 23 years of eligible | 18 | | creditable service and age 55; or
| 19 | | (iv) beginning January 1, 1989, 25 years of eligible | 20 | | creditable service
and age 52, or 22 years of eligible | 21 | | creditable service and age 55; or
| 22 | | (v) beginning January 1, 1990, 25 years of eligible | 23 | | creditable service
and age 51, or 21 years of eligible | 24 | | creditable service and age 55; or
| 25 | | (vi) beginning January 1, 1991, 25 years of eligible | 26 | | creditable service
and age 50, or 20 years of eligible |
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| 1 | | creditable service and age 55.
| 2 | | Persons who have service credit under Article 16 of this | 3 | | Code for service
as a security employee of the Department of | 4 | | Corrections or the Department of Juvenile Justice, or the | 5 | | Department
of Human Services in a position requiring | 6 | | certification as a teacher may
count such service toward | 7 | | establishing their eligibility under the service
requirements | 8 | | of this Section; but such service may be used only for
| 9 | | establishing such eligibility, and not for the purpose of | 10 | | increasing or
calculating any benefit.
| 11 | | (e) If a member enters military service while working in a | 12 | | position in
which eligible creditable service may be earned, | 13 | | and returns to State
service in the same or another such | 14 | | position, and fulfills in all other
respects the conditions | 15 | | prescribed in this Article for credit for military
service, | 16 | | such military service shall be credited as eligible creditable
| 17 | | service for the purposes of the retirement annuity prescribed | 18 | | in this Section.
| 19 | | (f) For purposes of calculating retirement annuities under | 20 | | this
Section, periods of service rendered after December 31, | 21 | | 1968 and before
October 1, 1975 as a covered employee in the | 22 | | position of special agent,
conservation police officer, mental | 23 | | health police officer, or investigator
for the Secretary of | 24 | | State, shall be deemed to have been service as a
noncovered | 25 | | employee, provided that the employee pays to the System prior | 26 | | to
retirement an amount equal to (1) the difference between the |
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| 1 | | employee
contributions that would have been required for such | 2 | | service as a
noncovered employee, and the amount of employee | 3 | | contributions actually
paid, plus (2) if payment is made after | 4 | | July 31, 1987, regular interest
on the amount specified in item | 5 | | (1) from the date of service to the date
of payment.
| 6 | | For purposes of calculating retirement annuities under | 7 | | this Section,
periods of service rendered after December 31, | 8 | | 1968 and before January 1,
1982 as a covered employee in the | 9 | | position of investigator for the
Department of Revenue shall be | 10 | | deemed to have been service as a noncovered
employee, provided | 11 | | that the employee pays to the System prior to retirement
an | 12 | | amount equal to (1) the difference between the employee | 13 | | contributions
that would have been required for such service as | 14 | | a noncovered employee,
and the amount of employee contributions | 15 | | actually paid, plus (2) if payment
is made after January 1, | 16 | | 1990, regular interest on the amount specified in
item (1) from | 17 | | the date of service to the date of payment.
| 18 | | (g) A State policeman may elect, not later than January 1, | 19 | | 1990, to
establish eligible creditable service for up to 10 | 20 | | years of his service as
a policeman under Article 3, by filing | 21 | | a written election with the Board,
accompanied by payment of an | 22 | | amount to be determined by the Board, equal to
(i) the | 23 | | difference between the amount of employee and employer
| 24 | | contributions transferred to the System under Section 3-110.5, | 25 | | and the
amounts that would have been contributed had such | 26 | | contributions been made
at the rates applicable to State |
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| 1 | | policemen, plus (ii) interest thereon at
the effective rate for | 2 | | each year, compounded annually, from the date of
service to the | 3 | | date of payment.
| 4 | | Subject to the limitation in subsection (i), a State | 5 | | policeman may elect,
not later than July 1, 1993, to establish | 6 | | eligible creditable service for
up to 10 years of his service | 7 | | as a member of the County Police Department
under Article 9, by | 8 | | filing a written election with the Board, accompanied
by | 9 | | payment of an amount to be determined by the Board, equal to | 10 | | (i) the
difference between the amount of employee and employer | 11 | | contributions
transferred to the System under Section 9-121.10 | 12 | | and the amounts that would
have been contributed had those | 13 | | contributions been made at the rates
applicable to State | 14 | | policemen, plus (ii) interest thereon at the effective
rate for | 15 | | each year, compounded annually, from the date of service to the
| 16 | | date of payment.
| 17 | | (h) Subject to the limitation in subsection (i), a State | 18 | | policeman or
investigator for the Secretary of State may elect | 19 | | to establish eligible
creditable service for up to 12 years of | 20 | | his service as a policeman under
Article 5, by filing a written | 21 | | election with the Board on or before January
31, 1992, and | 22 | | paying to the System by January 31, 1994 an amount to be
| 23 | | determined by the Board, equal to (i) the difference between | 24 | | the amount of
employee and employer contributions transferred | 25 | | to the System under Section
5-236, and the amounts that would | 26 | | have been contributed had such
contributions been made at the |
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| 1 | | rates applicable to State policemen, plus
(ii) interest thereon | 2 | | at the effective rate for each year, compounded
annually, from | 3 | | the date of service to the date of payment.
| 4 | | Subject to the limitation in subsection (i), a State | 5 | | policeman,
conservation police officer, or investigator for | 6 | | the Secretary of State may
elect to establish eligible | 7 | | creditable service for up to 10 years of
service as a sheriff's | 8 | | law enforcement employee under Article 7, by filing
a written | 9 | | election with the Board on or before January 31, 1993, and | 10 | | paying
to the System by January 31, 1994 an amount to be | 11 | | determined by the Board,
equal to (i) the difference between | 12 | | the amount of employee and
employer contributions transferred | 13 | | to the System under Section
7-139.7, and the amounts that would | 14 | | have been contributed had such
contributions been made at the | 15 | | rates applicable to State policemen, plus
(ii) interest thereon | 16 | | at the effective rate for each year, compounded
annually, from | 17 | | the date of service to the date of payment.
| 18 | | Subject to the limitation in subsection (i), a State | 19 | | policeman,
conservation police officer, or investigator for | 20 | | the Secretary of State may
elect to establish eligible | 21 | | creditable service for up to 5 years of
service as a police | 22 | | officer under Article 3, a policeman under Article 5, a | 23 | | sheriff's law enforcement employee under Article 7, a member of | 24 | | the county police department under Article 9, or a police | 25 | | officer under Article 15 by filing
a written election with the | 26 | | Board and paying
to the System an amount to be determined by |
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| 1 | | the Board,
equal to (i) the difference between the amount of | 2 | | employee and
employer contributions transferred to the System | 3 | | under Section
3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4 | 4 | | and the amounts that would have been contributed had such
| 5 | | contributions been made at the rates applicable to State | 6 | | policemen, plus
(ii) interest thereon at the effective rate for | 7 | | each year, compounded
annually, from the date of service to the | 8 | | date of payment. | 9 | | Subject to the limitation in subsection (i), an | 10 | | investigator for the Office of the Attorney General, or an | 11 | | investigator for the Department of Revenue, may elect to | 12 | | establish eligible creditable service for up to 5 years of | 13 | | service as a police officer under Article 3, a policeman under | 14 | | Article 5, a sheriff's law enforcement employee under Article | 15 | | 7, or a member of the county police department under Article 9 | 16 | | by filing a written election with the Board within 6 months | 17 | | after August 25, 2009 (the effective date of Public Act 96-745) | 18 | | and paying to the System an amount to be determined by the | 19 | | Board, equal to (i) the difference between the amount of | 20 | | employee and employer contributions transferred to the System | 21 | | under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the | 22 | | amounts that would have been contributed had such contributions | 23 | | been made at the rates applicable to State policemen, plus (ii) | 24 | | interest thereon at the actuarially assumed rate for each year, | 25 | | compounded annually, from the date of service to the date of | 26 | | payment. |
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| 1 | | Subject to the limitation in subsection (i), a State | 2 | | policeman, conservation police officer, investigator for the | 3 | | Office of the Attorney General, an investigator for the | 4 | | Department of Revenue, or investigator for the Secretary of | 5 | | State may elect to establish eligible creditable service for up | 6 | | to 5 years of service as a person employed by a participating | 7 | | municipality to perform police duties, or law enforcement | 8 | | officer employed on a full-time basis by a forest preserve | 9 | | district under Article 7, a county corrections officer, or a | 10 | | court services officer under Article 9, by filing a written | 11 | | election with the Board within 6 months after August 25, 2009 | 12 | | (the effective date of Public Act 96-745) and paying to the | 13 | | System an amount to be determined by the Board, equal to (i) | 14 | | the difference between the amount of employee and employer | 15 | | contributions transferred to the System under Sections 7-139.8 | 16 | | and 9-121.10 and the amounts that would have been contributed | 17 | | had such contributions been made at the rates applicable to | 18 | | State policemen, plus (ii) interest thereon at the actuarially | 19 | | assumed rate for each year, compounded annually, from the date | 20 | | of service to the date of payment. | 21 | | (i) The total amount of eligible creditable service | 22 | | established by any
person under subsections (g), (h), (j), (k), | 23 | | and (l) of this
Section shall not exceed 12 years.
| 24 | | (j) Subject to the limitation in subsection (i), an | 25 | | investigator for
the Office of the State's Attorneys Appellate | 26 | | Prosecutor or a controlled
substance inspector may elect to
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| 1 | | establish eligible creditable service for up to 10 years of his | 2 | | service as
a policeman under Article 3 or a sheriff's law | 3 | | enforcement employee under
Article 7, by filing a written | 4 | | election with the Board, accompanied by
payment of an amount to | 5 | | be determined by the Board, equal to (1) the
difference between | 6 | | the amount of employee and employer contributions
transferred | 7 | | to the System under Section 3-110.6 or 7-139.8, and the amounts
| 8 | | that would have been contributed had such contributions been | 9 | | made at the
rates applicable to State policemen, plus (2) | 10 | | interest thereon at the
effective rate for each year, | 11 | | compounded annually, from the date of service
to the date of | 12 | | payment.
| 13 | | (k) Subject to the limitation in subsection (i) of this | 14 | | Section, an
alternative formula employee may elect to establish | 15 | | eligible creditable
service for periods spent as a full-time | 16 | | law enforcement officer or full-time
corrections officer | 17 | | employed by the federal government or by a state or local
| 18 | | government located outside of Illinois, for which credit is not | 19 | | held in any
other public employee pension fund or retirement | 20 | | system. To obtain this
credit, the applicant must file a | 21 | | written application with the Board by March
31, 1998, | 22 | | accompanied by evidence of eligibility acceptable to the Board | 23 | | and
payment of an amount to be determined by the Board, equal | 24 | | to (1) employee
contributions for the credit being established, | 25 | | based upon the applicant's
salary on the first day as an | 26 | | alternative formula employee after the employment
for which |
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| 1 | | credit is being established and the rates then applicable to
| 2 | | alternative formula employees, plus (2) an amount determined by | 3 | | the Board
to be the employer's normal cost of the benefits | 4 | | accrued for the credit being
established, plus (3) regular | 5 | | interest on the amounts in items (1) and (2) from
the first day | 6 | | as an alternative formula employee after the employment for | 7 | | which
credit is being established to the date of payment.
| 8 | | (l) Subject to the limitation in subsection (i), a security | 9 | | employee of
the Department of Corrections may elect, not later | 10 | | than July 1, 1998, to
establish eligible creditable service for | 11 | | up to 10 years of his or her service
as a policeman under | 12 | | Article 3, by filing a written election with the Board,
| 13 | | accompanied by payment of an amount to be determined by the | 14 | | Board, equal to
(i) the difference between the amount of | 15 | | employee and employer contributions
transferred to the System | 16 | | under Section 3-110.5, and the amounts that would
have been | 17 | | contributed had such contributions been made at the rates | 18 | | applicable
to security employees of the Department of | 19 | | Corrections, plus (ii) interest
thereon at the effective rate | 20 | | for each year, compounded annually, from the date
of service to | 21 | | the date of payment.
| 22 | | (m) The amendatory changes to this Section made by this | 23 | | amendatory Act of the 94th General Assembly apply only to: (1) | 24 | | security employees of the Department of Juvenile Justice | 25 | | employed by the Department of Corrections before the effective | 26 | | date of this amendatory Act of the 94th General Assembly and |
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| 1 | | transferred to the Department of Juvenile Justice by this | 2 | | amendatory Act of the 94th General Assembly; and (2) persons | 3 | | employed by the Department of Juvenile Justice on or after the | 4 | | effective date of this amendatory Act of the 94th General | 5 | | Assembly who are required by subsection (b) of Section 3-2.5-15 | 6 | | of the Unified Code of Corrections to have any bachelor's or | 7 | | advanced degree from an accredited college or university or, in | 8 | | the case of persons who provide vocational training, who are | 9 | | required to have adequate knowledge in the skill for which they | 10 | | are providing the vocational training.
| 11 | | (n) A person employed in a position under subsection (b) of | 12 | | this Section who has purchased service credit under subsection | 13 | | (j) of Section 14-104 or subsection (b) of Section 14-105 in | 14 | | any other capacity under this Article may convert up to 5 years | 15 | | of that service credit into service credit covered under this | 16 | | Section by paying to the Fund an amount equal to (1) the | 17 | | additional employee contribution required under Section | 18 | | 14-133, plus (2) the additional employer contribution required | 19 | | under Section 14-131, plus (3) interest on items (1) and (2) at | 20 | | the actuarially assumed rate from the date of the service to | 21 | | the date of payment. | 22 | | (Source: P.A. 100-19, eff. 1-1-18 .)
| 23 | | (40 ILCS 5/15-106) (from Ch. 108 1/2, par. 15-106)
| 24 | | Sec. 15-106. Employer. "Employer": The University of | 25 | | Illinois, Southern
Illinois University, Chicago State |
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| 1 | | University, Eastern Illinois University,
Governors State | 2 | | University, Illinois State University, Northeastern Illinois
| 3 | | University, Northern Illinois University, Western Illinois | 4 | | University, the
State Board of Higher Education, the Illinois | 5 | | Mathematics and Science Academy,
the University Civil Service | 6 | | Merit Board, the Board of
Trustees of the State Universities | 7 | | Retirement System, the Illinois Community
College Board, | 8 | | community college
boards, any association of community college | 9 | | boards organized under Section
3-55 of the Public Community | 10 | | College Act, the Board of Examiners established
under the | 11 | | Illinois Public Accounting Act, and, only during the period for | 12 | | which
employer contributions required under Section 15-155 are | 13 | | paid, the following
organizations: the alumni associations, | 14 | | the foundations and the athletic
associations which are | 15 | | affiliated with the universities and colleges included
in this | 16 | | Section as employers. An individual who begins employment on or | 17 | | after the effective date of this amendatory Act of the 99th | 18 | | General Assembly with any association of community college | 19 | | boards organized under Section 3-55 of the Public Community | 20 | | College Act, the Association of Illinois Middle-Grade Schools, | 21 | | the Illinois Association of School Administrators, the | 22 | | Illinois Association for Supervision and Curriculum | 23 | | Development, the Illinois Principals Association, the Illinois | 24 | | Association of School Business Officials, the Illinois Special | 25 | | Olympics, or an entity not defined as an employer in this | 26 | | Section shall not be deemed an employee for the purposes of |
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| 1 | | this Article with respect to that employment and shall not be | 2 | | eligible to participate in the System with respect to that | 3 | | employment; provided, however, that those individuals who are | 4 | | both employed by such an entity and are participating in the | 5 | | System with respect to that employment on the effective date of | 6 | | this amendatory Act of the 99th General Assembly shall be | 7 | | allowed to continue as participants in the System for the | 8 | | duration of that employment. | 9 | | A department as defined in Section 14-103.04 is
an employer | 10 | | for any person appointed by the Governor under the Civil
| 11 | | Administrative Code of Illinois who is a participating employee | 12 | | as defined in
Section 15-109. The Department of Central | 13 | | Management Services is an employer with respect to persons | 14 | | employed by the State Board of Higher Education in positions | 15 | | with the Illinois Century Network as of June 30, 2004 who | 16 | | remain continuously employed after that date by the Department | 17 | | of Central Management Services in positions with the Illinois | 18 | | Century Network, the Bureau of Communication and Computer | 19 | | Services, or, if applicable, any successor bureau or the | 20 | | Department of Innovation and Technology .
| 21 | | The cities of Champaign and Urbana shall be considered
| 22 | | employers, but only during the period for which contributions | 23 | | are required to
be made under subsection (b-1) of Section | 24 | | 15-155 and only with respect to
individuals described in | 25 | | subsection (h) of Section 15-107.
| 26 | | (Source: P.A. 99-830, eff. 1-1-17; 99-897, eff. 1-1-17 .)
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| 1 | | Section 1-955. The Hydraulic Fracturing Regulatory Act is | 2 | | amended by changing Section 1-110 as follows: | 3 | | (225 ILCS 732/1-110)
| 4 | | Sec. 1-110. Public information; website. | 5 | | (a) All information submitted to the Department under this | 6 | | Act is deemed public information, except information deemed to | 7 | | constitute a trade secret under Section 1-77 of this Act and | 8 | | private information and personal information as defined in the | 9 | | Freedom of Information Act. | 10 | | (b) To provide the public and concerned citizens with a | 11 | | centralized repository of information, the Department , in | 12 | | consultation with the Department of Innovation and Technology, | 13 | | shall create and maintain a comprehensive website dedicated to | 14 | | providing information concerning high volume horizontal | 15 | | hydraulic fracturing operations. The website shall contain, | 16 | | assemble, and link the documents and information required by | 17 | | this Act to be posted on the Department's or other agencies' | 18 | | websites. The Department of Innovation and Technology, on | 19 | | behalf of the Department, shall also create and maintain an | 20 | | online searchable database that provides information related | 21 | | to high volume horizontal hydraulic fracturing operations on | 22 | | wells that, at a minimum, includes, for each well it permits, | 23 | | the identity of its operators, its waste disposal, its chemical | 24 | | disclosure information, and any complaints or violations under |
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| 1 | | this Act. The website created under this Section shall allow | 2 | | users to search for completion reports by well name and | 3 | | location, dates of fracturing and drilling operations, | 4 | | operator, and by chemical additives.
| 5 | | (Source: P.A. 98-22, eff. 6-17-13; 99-78, eff. 7-20-15.) | 6 | | Section 1-960. The Illinois Public Aid Code is amended by | 7 | | changing Section 12-10.10 as follows: | 8 | | (305 ILCS 5/12-10.10) | 9 | | Sec. 12-10.10. DHS Technology Initiative Fund. | 10 | | (a) The DHS Technology Initiative Fund is hereby created as | 11 | | a trust fund within the State treasury with the State Treasurer | 12 | | as the ex-officio custodian of the Fund. | 13 | | (b) The Department of Human Services may accept and receive | 14 | | grants, awards, gifts, and bequests from any source, public or | 15 | | private, in support of information technology initiatives. | 16 | | Moneys received in support of information technology | 17 | | initiatives, and any interest earned thereon, shall be | 18 | | deposited into the DHS Technology Initiative Fund. | 19 | | (c) Moneys in the Fund may be used by the Department of | 20 | | Human Services for the purpose of making grants associated with | 21 | | the development and implementation of information technology | 22 | | projects or paying for operational expenses of the Department | 23 | | of Human Services related to such projects. | 24 | | (d) The Department of Human Services, in consultation with |
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| 1 | | the Department of Innovation and Technology, shall use the | 2 | | funds deposited in the DHS Technology Fund to pay for | 3 | | information technology solutions either provided by Department | 4 | | of Innovation and Technology or arranged or coordinated by the | 5 | | Department of Innovation and Technology.
| 6 | | (Source: P.A. 98-24, eff. 6-19-13.) | 7 | | Section 1-965. The Methamphetamine Precursor Tracking Act | 8 | | is amended by changing Section 20 as follows: | 9 | | (720 ILCS 649/20)
| 10 | | Sec. 20. Secure website.
| 11 | | (a) The Illinois State Police , in consultation with the | 12 | | Department of Innovation and Technology, shall establish a | 13 | | secure website for the transmission of electronic transaction | 14 | | records and make it available free of charge to covered | 15 | | pharmacies.
| 16 | | (b) The secure website shall enable covered pharmacies to | 17 | | transmit to the Central Repository an electronic transaction | 18 | | record each time the pharmacy distributes a targeted | 19 | | methamphetamine precursor to a recipient.
| 20 | | (c) If the secure website becomes unavailable to a covered | 21 | | pharmacy, the covered pharmacy may, during the period in which | 22 | | the secure website is not available, continue to distribute | 23 | | targeted methamphetamine precursor without using the secure | 24 | | website if, during this period, the covered pharmacy maintains |
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| 1 | | and transmits handwritten logs as described in Sections 20 and | 2 | | 25 of the Methamphetamine Precursor Control Act.
| 3 | | (Source: P.A. 97-670, eff. 1-19-12.)
| 4 | | Article 5. Illinois Information Security Improvement | 5 | | Section 5-1. Short title. This Article may be cited as the | 6 | | Illinois Information Security Improvement Act. References in | 7 | | this Article to "this Act" mean this Article. | 8 | | Section 5-5. Definitions. As used in this Act: | 9 | | "Critical information system" means any information system | 10 | | (including any telecommunications system) used or operated by a | 11 | | State agency or by a contractor of a State agency or other | 12 | | organization or entity on behalf of a State agency: that | 13 | | contains health insurance information, medical information, or | 14 | | personal information as defined in the Personal Information | 15 | | Protection Act;
where the unauthorized disclosure, | 16 | | modification, destruction of information in the information | 17 | | system could be expected to have a serious, severe, or | 18 | | catastrophic adverse effect on State agency operations, | 19 | | assets, or individuals; or where the disruption of access to or | 20 | | use of the information or information system could be expected | 21 | | to have a serious, severe, or catastrophic adverse effect on | 22 | | State operations, assets, or individuals. | 23 | | "Department" means the Department of Innovation and |
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| 1 | | Technology. | 2 | | "Information security" means protecting information and | 3 | | information systems from unauthorized access, use, disclosure, | 4 | | disruption, modification, or destruction in order to provide:
| 5 | | integrity, which means guarding against improper information | 6 | | modification or destruction, and includes ensuring information | 7 | | non-repudiation and authenticity;
confidentiality, which means | 8 | | preserving authorized restrictions on access and disclosure, | 9 | | including means for protecting personal privacy and | 10 | | proprietary information; and
availability, which means | 11 | | ensuring timely and reliable access to and use of information. | 12 | | "Incident" means an occurrence that:
actually or | 13 | | imminently jeopardizes, without lawful authority, the | 14 | | confidentiality, integrity, or availability of information or | 15 | | an information system; or
constitutes a violation or imminent | 16 | | threat of violation of law, security policies, security | 17 | | procedures, or acceptable use policies or standard security | 18 | | practices. | 19 | | "Information system" means a discrete set of information | 20 | | resources organized for the collection, processing, | 21 | | maintenance, use, sharing, dissemination, or disposition of | 22 | | information created or maintained by or for the State of | 23 | | Illinois. | 24 | | "Office" means the Office of the Statewide Chief | 25 | | Information Security Officer. | 26 | | "Secretary" means the Secretary of Innovation and |
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| 1 | | Technology. | 2 | | "Security controls" means the management, operational, and | 3 | | technical controls (including safeguards and countermeasures) | 4 | | for an information system that protect the confidentiality, | 5 | | integrity, and availability of the system and its information. | 6 | | "State agency" means any agency under the jurisdiction of | 7 | | the Governor. | 8 | | Section 5-10. Purpose. The purposes of this Act are to: | 9 | | (1) provide a comprehensive framework for ensuring the | 10 | | effectiveness of information security controls over | 11 | | information resources that support State agency operations | 12 | | and assets; | 13 | | (2) recognize the critical role of information and | 14 | | information systems in the provision of life, health, | 15 | | safety, and other crucial services to the citizens of the | 16 | | State of Illinois and the risk posed to these services due | 17 | | to the ever-evolving cybersecurity threat; | 18 | | (3) recognize the highly networked nature of the | 19 | | current State of Illinois working environment and provide | 20 | | effective statewide management and oversight of the | 21 | | related information security risks, including coordination | 22 | | of information security efforts across State agencies; | 23 | | (4) provide for the development and maintenance of | 24 | | minimum security controls required to protect State of | 25 | | Illinois information and information systems; |
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| 1 | | (5) provide a mechanism for improved oversight of State | 2 | | agency information security programs, including through | 3 | | automated security tools to continuously diagnose and | 4 | | improve security; | 5 | | (6) recognize that information security risk is both a | 6 | | business and public safety issue, and the acceptance of | 7 | | risk is a decision to be made at the executive levels of | 8 | | State government; and
| 9 | | (7) ensure a continued and deliberate effort to reduce | 10 | | the risk posed to the State by cyberattacks and other | 11 | | information security incidents that could impact the | 12 | | information security of the State.
| 13 | | Section 5-15. Office of the Statewide Chief Information | 14 | | Security Officer. | 15 | | (a) The Office of the Statewide Chief Information Security | 16 | | Officer is established within the Department of Innovation and | 17 | | Technology. The Office is directly subordinate to the Secretary | 18 | | of Innovation and Technology. | 19 | | (b) The Office shall: | 20 | | (1) serve as the strategic planning, facilitation, and | 21 | | coordination office for information technology security in | 22 | | this State and as the lead and central coordinating entity | 23 | | to guide and oversee the information security functions of | 24 | | State agencies;
| 25 | | (2) provide information security services to support |
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| 1 | | the secure delivery of State agency services that utilize | 2 | | information systems and to assist State agencies with | 3 | | fulfilling their responsibilities under this Act;
| 4 | | (3) conduct information and cybersecurity strategic, | 5 | | operational, and resource planning and facilitating an | 6 | | effective enterprise information security architecture | 7 | | capable of protecting the State;
| 8 | | (4) identify information security risks to each State
| 9 | | agency, to third-party providers, and to key supply chain
| 10 | | partners, including an assessment of the extent to which
| 11 | | information resources or processes are vulnerable to
| 12 | | unauthorized access or harm, including the extent to which | 13 | | the
agency's or contractor's electronically stored | 14 | | information is
vulnerable to unauthorized access, use, | 15 | | disclosure,
disruption, modification, or destruction, and | 16 | | recommend risk
mitigation strategies, methods, and | 17 | | procedures to reduce those
risks. These assessments shall | 18 | | also include, but not be limited
to, assessments of | 19 | | information systems, computers, printers,
software, | 20 | | computer networks, interfaces to computer systems, mobile | 21 | | and peripheral device sensors, and other devices or
systems | 22 | | which access the State's network, computer software,
and | 23 | | information processing or operational procedures of the
| 24 | | agency or of a contractor of the agency. | 25 | | (5) manage the response to information security and | 26 | | information security incidents involving State of Illinois |
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| 1 | | information systems and
ensure the completeness of | 2 | | information system security plans for critical information | 3 | | systems; | 4 | | (6) conduct pre-deployment information security | 5 | | assessments for critical information systems and submit | 6 | | findings and recommendations to the Secretary and State | 7 | | agency heads; | 8 | | (7) develop and conduct targeted operational | 9 | | evaluations, including threat and vulnerability | 10 | | assessments on information systems; | 11 | | (8) monitor and report compliance of each State agency | 12 | | with State information security policies, standards, and | 13 | | procedures; | 14 | | (9) coordinate statewide information security | 15 | | awareness and training programs; and | 16 | | (10) develop and execute other strategies as necessary | 17 | | to protect this State's information technology | 18 | | infrastructure and the data stored on or transmitted by | 19 | | such infrastructure.
| 20 | | (c) The Office may temporarily suspend operation of an | 21 | | information system or information technology infrastructure | 22 | | that is owned, leased, outsourced, or shared by one or more | 23 | | State agencies in order to isolate the source of, or stop the | 24 | | spread of, an information security breach or other similar | 25 | | information security incident. State agencies shall comply | 26 | | with directives to temporarily discontinue or suspend |
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| 1 | | operations of information systems or information technology | 2 | | infrastructure. | 3 | | Section 5-20. Statewide Chief Information Security | 4 | | Officer. The position of Statewide Chief Information Security | 5 | | Officer is established within the Office. The Secretary shall | 6 | | appoint a Statewide Chief Information Security Officer who | 7 | | shall serve at the pleasure of the Secretary. The Statewide | 8 | | Chief Information Security Officer shall report to and be under | 9 | | the supervision of the Secretary. The Statewide Chief | 10 | | Information Security Officer shall exhibit a background and | 11 | | experience in information security, information technology, or | 12 | | risk management, or exhibit other appropriate expertise | 13 | | required to fulfill the duties of the Statewide Chief | 14 | | Information Security Officer.
If the Statewide Chief | 15 | | Information Security Officer is unable or unavailable to | 16 | | perform the duties and responsibilities under Section 25, all | 17 | | powers and authority granted to the Statewide Chief Information | 18 | | Security Officer may be exercised by the Secretary or his or | 19 | | her designee.
| 20 | | Section 5-25. Responsibilities. | 21 | | (a) The Secretary shall: | 22 | | (1) appoint a Statewide Chief Information Security | 23 | | Officer pursuant to Section 20; | 24 | | (2) provide the Office with the staffing and resources |
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| 1 | | deemed necessary by the Secretary to fulfill the | 2 | | responsibilities of the Office; | 3 | | (3) oversee statewide information security policies | 4 | | and practices, including:
| 5 | | (A) directing and overseeing the development, | 6 | | implementation, and communication of statewide | 7 | | information security policies, standards, and | 8 | | guidelines; | 9 | | (B) overseeing the education of State agency | 10 | | personnel regarding the requirement to identify and | 11 | | provide information security protections commensurate | 12 | | with the risk and magnitude of the harm resulting from | 13 | | the unauthorized access, use, disclosure, disruption, | 14 | | modification, or destruction of information in a | 15 | | critical information system; | 16 | | (C) overseeing the development and implementation | 17 | | of a statewide information security risk management | 18 | | program; | 19 | | (D) overseeing State agency compliance with the | 20 | | requirements of this Section; | 21 | | (E) coordinating Information Security policies and | 22 | | practices with related information and personnel | 23 | | resources management policies and procedures; and | 24 | | (F) providing an effective and efficient process | 25 | | to assist State agencies with complying with the | 26 | | requirements of this Act. |
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| 1 | | (b) The Statewide Chief Information Security Officer | 2 | | shall: | 3 | | (1) serve as the head of the Office and ensure the | 4 | | execution of the responsibilities of the Office as set | 5 | | forth in subsection (c) of Section 15, the Statewide Chief | 6 | | Information Security Officer shall also oversee State | 7 | | agency personnel with significant responsibilities for | 8 | | information security and ensure a competent workforce that | 9 | | keeps pace with the changing information security | 10 | | environment; | 11 | | (2) develop and recommend information security | 12 | | policies, standards, procedures, and guidelines to the | 13 | | Secretary for statewide adoption and monitor compliance | 14 | | with these policies, standards, guidelines, and procedures | 15 | | through periodic testing; | 16 | | (3) develop and maintain risk-based, cost-effective | 17 | | information security programs and control techniques to | 18 | | address all applicable security and compliance | 19 | | requirements throughout the life cycle of State agency | 20 | | information systems; | 21 | | (4) establish the procedures, processes, and | 22 | | technologies to rapidly and effectively identify threats, | 23 | | risks, and vulnerabilities to State information systems, | 24 | | and ensure the prioritization of the remediation of | 25 | | vulnerabilities that pose risk to the State; | 26 | | (5) develop and implement capabilities and procedures |
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| 1 | | for detecting, reporting, and responding to information | 2 | | security incidents; | 3 | | (6) establish and direct a statewide information | 4 | | security risk management program to identify information | 5 | | security risks in State agencies and deploy risk mitigation | 6 | | strategies, processes, and procedures; | 7 | | (7) establish the State's capability to sufficiently | 8 | | protect the security of data through effective information | 9 | | system security planning, secure system development, | 10 | | acquisition, and deployment, the application of protective | 11 | | technologies and information system certification, | 12 | | accreditation, and assessments; | 13 | | (8) ensure that State agency personnel, including | 14 | | contractors, are appropriately screened and receive | 15 | | information security awareness training; | 16 | | (9) convene meetings with agency heads and other State | 17 | | officials to help ensure: | 18 | | (A) the ongoing communication of risk and risk | 19 | | reduction strategies, | 20 | | (B) effective implementation of information | 21 | | security policies and practices, and | 22 | | (C) the incorporation of and compliance with | 23 | | information security policies, standards, and | 24 | | guidelines into the policies and procedures of the | 25 | | agencies; | 26 | | (10) provide operational and technical assistance to |
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| 1 | | State agencies in implementing policies, principles, | 2 | | standards, and guidelines on information security, | 3 | | including implementation of standards promulgated under | 4 | | subparagraph (A) of paragraph (3) of subsection (a) of this | 5 | | Section, and provide assistance and effective and | 6 | | efficient means for State agencies to comply with the State | 7 | | agency requirements under this Act; | 8 | | (11) in coordination and consultation with the | 9 | | Secretary and the Governor's Office of Management and | 10 | | Budget, review State agency budget requests related to | 11 | | Information Security systems and provide recommendations | 12 | | to the Governor's Office of Management and Budget; | 13 | | (12) ensure the preparation and maintenance of plans | 14 | | and procedures to provide cyber resilience and continuity | 15 | | of operations for critical information systems that | 16 | | support the operations of the State; and | 17 | | (13) take such other actions as the Secretary may | 18 | | direct. | 19 | | Article 99. | 20 | | Section 99-95. No acceleration or delay. Where this Act | 21 | | makes changes in a statute that is represented in this Act by | 22 | | text that is not yet or no longer in effect (for example, a | 23 | | Section represented by multiple versions), the use of that text | 24 | | does not accelerate or delay the taking effect of (i) the |
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| 1 | | changes made by this Act or (ii) provisions derived from any | 2 | | other Public Act. | 3 | | Section 99-97. Severability. The provisions of this Act are | 4 | | severable under Section 1.31 of the Statute on Statutes. | 5 | | Section 99-99. Effective date. This Act takes effect upon | 6 | | becoming law.".
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