103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2122 Introduced 2/10/2023, by Sen. Elgie R. Sims, Jr. SYNOPSIS AS INTRODUCED: 20 ILCS 1370/1-5 20 ILCS 1370/1-1520 ILCS 1370/1-3520 ILCS 1370/5-30 new Amends the Department of Innovation and Technology Act. Provides that the definition of "State agency" excludes transferring agencies. Provides that the Department of Innovation and Technology may (previously shall) provide for and coordinate information technology for State agencies. Removes provision requiring the Department to formulate a master plan for information technology. Provides that any System and Organization Control audit report issued with respect to the Department and the Department's system descriptions shall not be published by any entity on a public website. Provides that unredacted copies of System and Organization Control audit reports shall be provided by the Department to the General Assembly and transferring agencies and, upon request, State agencies that receive services from the Department. LRB103 05759 DTM 50779 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2122 Introduced 2/10/2023, by Sen. Elgie R. Sims, Jr. SYNOPSIS AS INTRODUCED: 20 ILCS 1370/1-5 20 ILCS 1370/1-1520 ILCS 1370/1-3520 ILCS 1370/5-30 new 20 ILCS 1370/1-5 20 ILCS 1370/1-15 20 ILCS 1370/1-35 20 ILCS 1370/5-30 new Amends the Department of Innovation and Technology Act. Provides that the definition of "State agency" excludes transferring agencies. Provides that the Department of Innovation and Technology may (previously shall) provide for and coordinate information technology for State agencies. Removes provision requiring the Department to formulate a master plan for information technology. Provides that any System and Organization Control audit report issued with respect to the Department and the Department's system descriptions shall not be published by any entity on a public website. Provides that unredacted copies of System and Organization Control audit reports shall be provided by the Department to the General Assembly and transferring agencies and, upon request, State agencies that receive services from the Department. LRB103 05759 DTM 50779 b LRB103 05759 DTM 50779 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2122 Introduced 2/10/2023, by Sen. Elgie R. Sims, Jr. SYNOPSIS AS INTRODUCED: 20 ILCS 1370/1-5 20 ILCS 1370/1-1520 ILCS 1370/1-3520 ILCS 1370/5-30 new 20 ILCS 1370/1-5 20 ILCS 1370/1-15 20 ILCS 1370/1-35 20 ILCS 1370/5-30 new 20 ILCS 1370/1-5 20 ILCS 1370/1-15 20 ILCS 1370/1-35 20 ILCS 1370/5-30 new Amends the Department of Innovation and Technology Act. Provides that the definition of "State agency" excludes transferring agencies. Provides that the Department of Innovation and Technology may (previously shall) provide for and coordinate information technology for State agencies. Removes provision requiring the Department to formulate a master plan for information technology. Provides that any System and Organization Control audit report issued with respect to the Department and the Department's system descriptions shall not be published by any entity on a public website. Provides that unredacted copies of System and Organization Control audit reports shall be provided by the Department to the General Assembly and transferring agencies and, upon request, State agencies that receive services from the Department. LRB103 05759 DTM 50779 b LRB103 05759 DTM 50779 b LRB103 05759 DTM 50779 b A BILL FOR SB2122LRB103 05759 DTM 50779 b SB2122 LRB103 05759 DTM 50779 b SB2122 LRB103 05759 DTM 50779 b 1 AN ACT concerning State government. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Department of Innovation and Technology Act 5 is amended by changing Sections 1-5, 1-15, and 1-35 and by 6 adding Section 5-30 as follows: 7 (20 ILCS 1370/1-5) 8 (Text of Section before amendment by P.A. 102-870) 9 Sec. 1-5. Definitions. In this Act: 10 "Client agency" means each transferring agency, or its 11 successor, and any other public agency to which the Department 12 provides service to the extent specified in an interagency 13 agreement with the public agency. 14 "Dedicated unit" means the dedicated bureau, division, 15 office, or other unit within a transferring agency that is 16 responsible for the information technology functions of the 17 transferring agency. 18 "Department" means the Department of Innovation and 19 Technology. 20 "Information technology" means technology, 21 infrastructure, equipment, systems, software, networks, and 22 processes used to create, send, receive, and store electronic 23 or digital information, including, without limitation, 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2122 Introduced 2/10/2023, by Sen. Elgie R. Sims, Jr. SYNOPSIS AS INTRODUCED: 20 ILCS 1370/1-5 20 ILCS 1370/1-1520 ILCS 1370/1-3520 ILCS 1370/5-30 new 20 ILCS 1370/1-5 20 ILCS 1370/1-15 20 ILCS 1370/1-35 20 ILCS 1370/5-30 new 20 ILCS 1370/1-5 20 ILCS 1370/1-15 20 ILCS 1370/1-35 20 ILCS 1370/5-30 new Amends the Department of Innovation and Technology Act. Provides that the definition of "State agency" excludes transferring agencies. Provides that the Department of Innovation and Technology may (previously shall) provide for and coordinate information technology for State agencies. Removes provision requiring the Department to formulate a master plan for information technology. Provides that any System and Organization Control audit report issued with respect to the Department and the Department's system descriptions shall not be published by any entity on a public website. Provides that unredacted copies of System and Organization Control audit reports shall be provided by the Department to the General Assembly and transferring agencies and, upon request, State agencies that receive services from the Department. LRB103 05759 DTM 50779 b LRB103 05759 DTM 50779 b LRB103 05759 DTM 50779 b A BILL FOR 20 ILCS 1370/1-5 20 ILCS 1370/1-15 20 ILCS 1370/1-35 20 ILCS 1370/5-30 new LRB103 05759 DTM 50779 b SB2122 LRB103 05759 DTM 50779 b SB2122- 2 -LRB103 05759 DTM 50779 b SB2122 - 2 - LRB103 05759 DTM 50779 b SB2122 - 2 - LRB103 05759 DTM 50779 b 1 computer systems and telecommunication services and systems. 2 "Information technology" shall be construed broadly to 3 incorporate future technologies (such as sensors and balanced 4 private hybrid or public cloud posture tailored to the mission 5 of the agency) that change or supplant those in effect as of 6 the effective date of this Act. 7 "Information technology functions" means the development, 8 procurement, installation, retention, maintenance, operation, 9 possession, storage, and related functions of all information 10 technology. 11 "Secretary" means the Secretary of Innovation and 12 Technology. 13 "State agency" means each State agency, department, board, 14 and commission under the jurisdiction of the Governor , 15 excluding transferring agencies. 16 "Transferring agency" means the Department on Aging; the 17 Departments of Agriculture, Central Management Services, 18 Children and Family Services, Commerce and Economic 19 Opportunity, Corrections, Employment Security, Financial and 20 Professional Regulation, Healthcare and Family Services, Human 21 Rights, Human Services, Insurance, Juvenile Justice, Labor, 22 Lottery, Military Affairs, Natural Resources, Public Health, 23 Revenue, Transportation, and Veterans' Affairs; the Illinois 24 State Police; the Capital Development Board; the Deaf and Hard 25 of Hearing Commission; the Environmental Protection Agency; 26 the Governor's Office of Management and Budget; the SB2122 - 2 - LRB103 05759 DTM 50779 b SB2122- 3 -LRB103 05759 DTM 50779 b SB2122 - 3 - LRB103 05759 DTM 50779 b SB2122 - 3 - LRB103 05759 DTM 50779 b 1 Guardianship and Advocacy Commission; the Abraham Lincoln 2 Presidential Library and Museum; the Illinois Arts Council; 3 the Illinois Council on Developmental Disabilities; the 4 Illinois Emergency Management Agency; the Illinois Gaming 5 Board; the Illinois Health Information Exchange Authority; the 6 Illinois Liquor Control Commission; the Office of the State 7 Fire Marshal; and the Prisoner Review Board. 8 (Source: P.A. 102-376, eff. 1-1-22; 102-538, eff. 8-20-21; 9 102-813, eff. 5-13-22.) 10 (Text of Section after amendment by P.A. 102-870) 11 Sec. 1-5. Definitions. In this Act: 12 "Client agency" means each transferring agency, or its 13 successor, and any other public agency to which the Department 14 provides service to the extent specified in an interagency 15 agreement with the public agency. 16 "Dedicated unit" means the dedicated bureau, division, 17 office, or other unit within a transferring agency that is 18 responsible for the information technology functions of the 19 transferring agency. 20 "Department" means the Department of Innovation and 21 Technology. 22 "Information technology" means technology, 23 infrastructure, equipment, systems, software, networks, and 24 processes used to create, send, receive, and store electronic 25 or digital information, including, without limitation, SB2122 - 3 - LRB103 05759 DTM 50779 b SB2122- 4 -LRB103 05759 DTM 50779 b SB2122 - 4 - LRB103 05759 DTM 50779 b SB2122 - 4 - LRB103 05759 DTM 50779 b 1 computer systems and telecommunication services and systems. 2 "Information technology" shall be construed broadly to 3 incorporate future technologies that change or supplant those 4 in effect as of the effective date of this Act. 5 "Information technology functions" means the development, 6 procurement, installation, retention, maintenance, operation, 7 possession, storage, and related functions of all information 8 technology. 9 "Secretary" means the Secretary of Innovation and 10 Technology. 11 "State agency" means each State agency, department, board, 12 and commission under the jurisdiction of the Governor, 13 excluding transferring agencies. 14 "Transferring agency" means the Department on Aging; the 15 Departments of Agriculture, Central Management Services, 16 Children and Family Services, Commerce and Economic 17 Opportunity, Corrections, Employment Security, Financial and 18 Professional Regulation, Healthcare and Family Services, Human 19 Rights, Human Services, Insurance, Juvenile Justice, Labor, 20 Lottery, Military Affairs, Natural Resources, Public Health, 21 Revenue, Transportation, and Veterans' Affairs; the Illinois 22 State Police; the Capital Development Board; the Deaf and Hard 23 of Hearing Commission; the Environmental Protection Agency; 24 the Governor's Office of Management and Budget; the 25 Guardianship and Advocacy Commission; the Abraham Lincoln 26 Presidential Library and Museum; the Illinois Arts Council; SB2122 - 4 - LRB103 05759 DTM 50779 b SB2122- 5 -LRB103 05759 DTM 50779 b SB2122 - 5 - LRB103 05759 DTM 50779 b SB2122 - 5 - LRB103 05759 DTM 50779 b 1 the Illinois Council on Developmental Disabilities; the 2 Illinois Emergency Management Agency; the Illinois Gaming 3 Board; the Illinois Liquor Control Commission; the Office of 4 the State Fire Marshal; and the Prisoner Review Board. 5 (Source: P.A. 102-376, eff. 1-1-22; 102-538, eff. 8-20-21; 6 102-813, eff. 5-13-22; 102-870, eff. 1-1-23.) 7 (20 ILCS 1370/1-15) 8 Sec. 1-15. Powers and duties. 9 (a) The head officer of the Department is the Secretary, 10 who shall be the chief information officer for the State and 11 the steward of State data with respect to those agencies under 12 the jurisdiction of the Governor. The Secretary shall be 13 appointed by the Governor, with the advice and consent of the 14 Senate. The Department may employ or retain other persons to 15 assist in the discharge of its functions, subject to the 16 Personnel Code. 17 (b) The Department shall promote best-in-class innovation 18 and technology to client agencies to foster collaboration 19 among client agencies, empower client agencies to provide 20 better service to residents of Illinois, and maximize the 21 value of taxpayer resources. The Department shall be 22 responsible for information technology functions on behalf of 23 client agencies. 24 (c) The Department may shall provide for and coordinate 25 information technology for State agencies and, when requested SB2122 - 5 - LRB103 05759 DTM 50779 b SB2122- 6 -LRB103 05759 DTM 50779 b SB2122 - 6 - LRB103 05759 DTM 50779 b SB2122 - 6 - LRB103 05759 DTM 50779 b 1 and when in the best interests of the State, for State 2 constitutional offices, units of federal or local governments, 3 and public and not-for-profit institutions of primary, 4 secondary, and higher education, or other parties not 5 associated with State government. The Department shall 6 establish charges for information technology for State 7 agencies and, when requested, for State constitutional 8 offices, units of federal or local government, and public and 9 not-for-profit institutions of primary, secondary, or higher 10 education and for use by other parties not associated with 11 State government. Entities charged for these services shall 12 make payment to the Department. The Department may instruct 13 all State agencies to report their usage of information 14 technology regularly to the Department in the manner the 15 Secretary may prescribe. 16 (d) The Department shall develop and implement standards, 17 policies, and procedures to protect the security and 18 interoperability of State data with respect to those agencies 19 under the jurisdiction of the Governor, including in 20 particular data that are confidential, sensitive, or protected 21 from disclosure by privacy or other laws, while recognizing 22 and balancing the need for collaboration and public 23 transparency. 24 (e) The Department shall be responsible for providing the 25 Governor with timely, comprehensive, and meaningful 26 information pertinent to the formulation and execution of SB2122 - 6 - LRB103 05759 DTM 50779 b SB2122- 7 -LRB103 05759 DTM 50779 b SB2122 - 7 - LRB103 05759 DTM 50779 b SB2122 - 7 - LRB103 05759 DTM 50779 b 1 fiscal policy. In performing this responsibility, the 2 Department shall have the power to do the following: 3 (1) Control the procurement, retention, installation, 4 maintenance, and operation, as specified by the 5 Department, of information technology equipment used by 6 client agencies in such a manner as to achieve maximum 7 economy and provide appropriate assistance in the 8 development of information suitable for management 9 analysis. 10 (2) Establish principles and standards of information 11 technology-related reporting by client agencies and 12 priorities for completion of research by those agencies in 13 accordance with the requirements for management analysis 14 specified by the Department. 15 (3) Establish charges for information technology and 16 related services requested by client agencies and rendered 17 by the Department. The Department is likewise empowered to 18 establish prices or charges for all information technology 19 reports purchased by agencies and individuals not 20 connected with State government. 21 (4) Instruct all client agencies to report regularly 22 to the Department, in the manner the Department may 23 prescribe, their usage of information technology, the cost 24 incurred, the information produced, and the procedures 25 followed in obtaining the information. All client agencies 26 shall request from the Department assistance and SB2122 - 7 - LRB103 05759 DTM 50779 b SB2122- 8 -LRB103 05759 DTM 50779 b SB2122 - 8 - LRB103 05759 DTM 50779 b SB2122 - 8 - LRB103 05759 DTM 50779 b 1 consultation in securing any necessary information 2 technology to support their requirements. 3 (5) Examine the accounts and information 4 technology-related data of any organization, body, or 5 agency receiving appropriations from the General Assembly, 6 except for a State constitutional office, the Office of 7 the Executive Inspector General, or any office of the 8 legislative or judicial branches of State government. For 9 a State constitutional office, the Office of the Executive 10 Inspector General, or any office of the legislative or 11 judicial branches of State government, the Department 12 shall have the power to examine the accounts and 13 information technology-related data of the State 14 constitutional office, the Office of the Executive 15 Inspector General, or any office of the legislative or 16 judicial branches of State government when requested by 17 those offices. 18 (6) Install and operate a modern information 19 technology system using equipment adequate to satisfy the 20 requirements for analysis and review as specified by the 21 Department. Expenditures for information technology and 22 related services rendered shall be reimbursed by the 23 recipients. The reimbursement shall be determined by the 24 Department as amounts sufficient to reimburse the 25 Technology Management Revolving Fund for expenditures 26 incurred in rendering the services. SB2122 - 8 - LRB103 05759 DTM 50779 b SB2122- 9 -LRB103 05759 DTM 50779 b SB2122 - 9 - LRB103 05759 DTM 50779 b SB2122 - 9 - LRB103 05759 DTM 50779 b 1 (f) In addition to the other powers and duties listed in 2 subsection (e), the Department shall analyze the present and 3 future aims, needs, and requirements of information 4 technology, research, and planning in order to provide for the 5 formulation of overall policy relative to the use of 6 information technology and related equipment by the State of 7 Illinois. In making this analysis, the Department shall 8 formulate a master plan for information technology, using 9 information technology most advantageously, and advising 10 whether information technology should be leased or purchased 11 by the State. The Department shall prepare and submit interim 12 reports of meaningful developments and proposals for 13 legislation to the Governor on or before January 30 each year. 14 The Department shall engage in a continuing analysis and 15 evaluation of the master plan so developed, and it shall be the 16 responsibility of the Department to recommend from time to 17 time any needed amendments and modifications of any master 18 plan enacted by the General Assembly. 19 (g) The Department may make information technology and the 20 use of information technology available to units of local 21 government, elected State officials, State educational 22 institutions, the judicial branch, the legislative branch, and 23 all other governmental units of the State requesting them. The 24 Department shall establish prices and charges for the 25 information technology so furnished and for the use of the 26 information technology. The prices and charges shall be SB2122 - 9 - LRB103 05759 DTM 50779 b SB2122- 10 -LRB103 05759 DTM 50779 b SB2122 - 10 - LRB103 05759 DTM 50779 b SB2122 - 10 - LRB103 05759 DTM 50779 b 1 sufficient to reimburse the cost of furnishing the services 2 and use of information technology. 3 (h) The Department may establish standards to provide 4 consistency in the operation and use of information 5 technology. 6 (i) The Department may adopt rules under the Illinois 7 Administrative Procedure Act necessary to carry out its 8 responsibilities under this Act. 9 (Source: P.A. 102-376, eff. 1-1-22.) 10 (20 ILCS 1370/1-35) 11 Sec. 1-35. Communications services. 12 (a) (Blank). 13 (b) The Department may shall provide for and coordinate 14 communications services for State agencies and, when requested 15 and when in the best interests of the State, for units of 16 federal or local governments and public and not-for-profit 17 institutions of primary, secondary, and higher education. The 18 Department may make use of, or support or provide any 19 information technology-related communications equipment or 20 services necessary and available to support the needs of 21 interested parties not associated with State government 22 provided that State government usage shall have first 23 priority. For this purpose the Department shall have the power 24 to do all of the following: 25 (1) Provide for and control the procurement, SB2122 - 10 - LRB103 05759 DTM 50779 b SB2122- 11 -LRB103 05759 DTM 50779 b SB2122 - 11 - LRB103 05759 DTM 50779 b SB2122 - 11 - LRB103 05759 DTM 50779 b 1 retention, installation, and maintenance of communications 2 equipment or services used by State agencies in the 3 interest of efficiency and economy. 4 (2) Review existing standards and, where appropriate, 5 propose to establish new or modified standards for State 6 agencies which shall include a minimum of one 7 telecommunication device for the deaf installed and 8 operational within each State agency, to provide public 9 access to agency information for those persons who are 10 hearing or speech impaired. The Department shall consult 11 the Department of Human Services to develop standards and 12 implementation for this equipment. 13 (3) Establish charges for information technology for 14 State agencies and, when requested, for units of federal 15 or local government and public and not-for-profit 16 institutions of primary, secondary, or higher education. 17 Entities charged for these services shall pay the 18 Department. 19 (4) Instruct all State agencies to report their usage 20 of communication services regularly to the Department in 21 the manner the Department may prescribe. 22 (5) Analyze the present and future aims and needs of 23 all State agencies in the area of communications services 24 and plan to serve those aims and needs in the most 25 effective and efficient manner. 26 (6) Provide telecommunications and other SB2122 - 11 - LRB103 05759 DTM 50779 b SB2122- 12 -LRB103 05759 DTM 50779 b SB2122 - 12 - LRB103 05759 DTM 50779 b SB2122 - 12 - LRB103 05759 DTM 50779 b 1 communications services. 2 (7) Establish the administrative organization within 3 the Department that is required to accomplish the purpose 4 of this Section. 5 This subsection (b) does not apply to the procurement of 6 Next Generation 9-1-1 service as governed by Section 15.6b of 7 the Emergency Telephone System Act. 8 (Source: P.A. 101-81, eff. 7-12-19; 102-376, eff. 1-1-22; 9 102-870, eff. 1-1-23.) 10 (20 ILCS 1370/5-30 new) 11 Sec. 5-30. Security over internal controls. 12 Notwithstanding any provisions of the Illinois State Auditing 13 Act, any System and Organization Control audit report issued 14 with respect to the Department and the Department's system 15 descriptions shall not be published by any entity on a public 16 website. Unredacted copies of System and Organization Control 17 audit report documents shall be provided by the Department to 18 the General Assembly and transferring agencies and, upon 19 request, to State agencies that receive services from the 20 Department. SB2122 - 12 - LRB103 05759 DTM 50779 b