§ 405-410 — Transfer of Information Technology functions

(a) Notwithstanding any other law to the contrary, the Secretary of Innovation and Technology, working in cooperation with the Director of any other agency, department, board, or commission directly responsible to the Governor, may direct the transfer, to the Department of Innovation and Technology, of those information technology functions at that agency, department, board, or commission that are suitable for centralization. Upon receipt of the written direction to transfer information technology functions to the Department of Innovation and Technology, the personnel, equipment, and property (both real and personal) directly relating to the transferred functions shall be transferred to the Department of Innovation and Technology, and the relevant documents, records, and correspondence shall be transferred or copied, as the Secretary may prescribe. (b) Upon receiving written direction from the Secretary of Innovation and Technology, the Comptroller and Treasurer are authorized to transfer the unexpended balance of any appropriations related to the information technology functions transferred to the Department of Innovation and Technology and shall make the necessary fund transfers from any special fund in the State Treasury or from any other federal or State trust fund held by the Treasurer to the General Revenue Fund or the Technology Management Revolving Fund, as designated by the Secretary of Innovation and Technology, for use by the Department of Innovation and Technology in support of information technology functions or any other related costs or expenses of the Department of Innovation and Technology. (c) The rights of employees and the State and its agencies under the Personnel Code and applicable collective bargaining agreements or under any pension, retirement, or annuity plan shall not be affected by any transfer under this Section. (d) The functions transferred to the Department of Innovation and Technology by this Section shall be vested in and shall be exercised by the Department of Innovation and Technology. Each act done in the exercise of those functions shall have the same legal effect as if done by the agencies, offices, divisions, departments, bureaus, boards and commissions from which they were transferred. Every person or other entity shall be subject to the same obligations and duties and any penalties, civil or criminal, arising therefrom, and shall have the same rights arising from the exercise of such rights, powers, and duties as had been exercised by the agencies, offices, divisions, departments, bureaus, boards, and commissions from which they were transferred. Whenever reports or notices are now required to be made or given or papers or documents furnished or served by any person in regards to the functions transferred to or upon the agencies, offices, divisions, departments, bureaus, boards, and commissions from which the functions were transferred, the same shall be made, given, furnished or served in the same manner to or upon the Department of Innovation and Technology. This Section does not affect any act done, ratified, or cancelled or any right occurring or established or any action or proceeding had or commenced in an administrative, civil, or criminal cause regarding the functions transferred, but those proceedings may be continued by the Department of Innovation and Technology. This Section does not affect the legality of any rules in the Illinois Administrative Code regarding the functions transferred in this Section that are in force on the effective date of this Section. If necessary, however, the affected agencies shall propose, adopt, or repeal rules, rule amendments, and rule recodifications as appropriate to effectuate this Section.

Legislative History

(Source: P.A. 100-23, eff. 7-6-17; 100-611, eff. 7-20-18.)