Public Act 0870 102ND GENERAL ASSEMBLY

SB3938 Enrolled LRB102 22759 RJF 31905 b

Public Act 102-0870

AN ACT concerning State government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Department of Innovation and Technology Act is amended by changing Sections 1-5, 1-25, and 1-35 as follows:

(20 ILCS 1370/1-5)

Sec. 1-5. Definitions. In this Act:

"Client agency" means each transferring agency, or its successor, and any other public agency to which the Department provides service to the extent specified in an interagency agreement with the public agency.

"Dedicated unit" means the dedicated bureau, division, office, or other unit within a transferring agency that is responsible for the information technology functions of the transferring agency.

"Department" means the Department of Innovation and Technology.

"Information technology" means technology, infrastructure, equipment, systems, software, networks, and processes used to create, send, receive, and store electronic or digital information, including, without limitation, computer systems and telecommunication services and systems. "Information technology" shall be construed broadly to incorporate future technologies (such as sensors and balanced private hybrid or public cloud posture tailored to the mission of the agency) that change or supplant those in effect as of the effective date of this Act.

"Information technology functions" means the development, procurement, installation, retention, maintenance, operation, possession, storage, and related functions of all information technology.

"Secretary" means the Secretary of Innovation and Technology.

"State agency" means each State agency, department, board, and commission under the jurisdiction of the Governor.

"Transferring agency" means the Department on Aging; the Departments of Agriculture, Central Management Services, Children and Family Services, Commerce and Economic Opportunity, Corrections, Employment Security, Financial and Professional Regulation, Healthcare and Family Services, Human Rights, Human Services, Insurance, Juvenile Justice, Labor, Lottery, Military Affairs, Natural Resources, Public Health, Revenue, Transportation, and Veterans' Affairs; the Illinois State Police; the Capital Development Board; the Deaf and Hard of Hearing Commission; the Environmental Protection Agency; the Governor's Office of Management and Budget; the Guardianship and Advocacy Commission; the Abraham Lincoln Presidential Library and Museum; the Illinois Arts Council; the Illinois Council on Developmental Disabilities; the Illinois Emergency Management Agency; the Illinois Gaming Board; the Illinois Health Information Exchange Authority; the Illinois Liquor Control Commission; the Office of the State Fire Marshal; and the Prisoner Review Board.

(Source: P.A. 102-376, eff. 1-1-22; 102-538, eff. 8-20-21; revised 9-28-21.)

(20 ILCS 1370/1-25)

Sec. 1-25. Charges for services; non-State funding. The Department may establish charges for services rendered by the Department to client agencies from funds provided directly to the client agency by appropriation or otherwise. In establishing charges, the Department shall consult with client agencies to make charges transparent and clear and seek to minimize or avoid charges for costs for which the Department has other funding sources available.

Client agencies shall continue to apply for and otherwise seek federal funds and other capital and operational resources for technology for which the agencies are eligible and, subject to compliance with applicable laws, regulations, and grant terms, make those funds available for use by the Department. The Department shall assist client agencies in identifying funding opportunities and, if funds are used by the Department, ensuring compliance with all applicable laws, regulations, and grant terms.

(Source: P.A. 100-611, eff. 7-20-18.)

(20 ILCS 1370/1-35)

Sec. 1-35. Communications services.

(a) (Blank). The Department shall develop and implement a comprehensive plan to coordinate or centralize communications services among State agencies with offices at different locations. The plan shall be updated based on a continuing study of communications problems of State government and shall include any information technology-related equipment or service used for communication purposes including digital, analog, or future transmission medium, whether for voice, data, or any combination thereof. The plan shall take into consideration systems that might affect economies, including, but not limited to, quantity discount services and may include provision of telecommunications service to local and federal government entities located within this State if State interests can be served by so doing.

(b) The Department shall provide for and coordinate communications services for State agencies and, when requested and when in the best interests of the State, for units of federal or local governments and public and not-for-profit institutions of primary, secondary, and higher education. The Department may make use of, or support or provide any information technology-related communications equipment or services necessary and available to support the needs of interested parties not associated with State government provided that State government usage shall have first priority. For this purpose the Department shall have the power to do all of the following:

(1) Provide for and control the procurement, retention, installation, and maintenance of communications equipment or services used by State agencies in the interest of efficiency and economy.

(2) Review existing standards and, where appropriate, propose to establish new or modified standards for State agencies which shall include a minimum of one telecommunication device for the deaf installed and operational within each State agency, to provide public access to agency information for those persons who are hearing or speech impaired. The Department shall consult the Department of Human Services to develop standards and implementation for this equipment.

(3) Establish charges for information technology for State agencies and, when requested, for units of federal or local government and public and not-for-profit institutions of primary, secondary, or higher education. Entities charged for these services shall pay the Department.

(4) Instruct all State agencies to report their usage of communication services regularly to the Department in the manner the Department may prescribe.

(5) Analyze the present and future aims and needs of all State agencies in the area of communications services and plan to serve those aims and needs in the most effective and efficient manner.

(6) Provide telecommunications and other communications services.

(7) Establish the administrative organization within the Department that is required to accomplish the purpose of this Section.

This subsection (b) does not apply to the procurement of Next Generation 9-1-1 service as governed by Section 15.6b of the Emergency Telephone System Act.

(Source: P.A. 101-81, eff. 7-12-19; 102-376, eff. 1-1-22.)

Effective Date: 1/1/2023