Illinois 2023-2024 Regular Session

Illinois Senate Bill SB2122 Latest Draft

Bill / Introduced Version Filed 02/10/2023

                            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Organization Control audit report issued with respect to the Department and the Department's system descriptions shall not be published by any entity on a public website.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Organization Control audit report issued with respect to the Department and the Department's system descriptions shall not be published by any entity on a public website.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