103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3747

 

Introduced 2/9/2024, by Sen. Jason Plummer

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Secure Telecommunications Act of 2024. Provides that all critical telecommunications infrastructure located within or serving the State shall be constructed so as not to include any equipment manufactured by a federally banned corporation or any equipment banned at the federal level. Provides that all critical telecommunications infrastructure located within or serving the State shall be constructed so as not to include any equipment manufactured in or by a foreign adversary, a state-owned enterprise of a foreign adversary, or a company domiciled within a foreign adversary. Provides that the Illinois Commerce Commission shall establish a registration system for telecommunications providers. Provides for a registration fee. Sets forth requirements for registration of telecommunications providers. Provides for a civil penalty of not less than $10,000 and not more than $100,000 for any telecommunications provider who violates the Act or knowingly submits a false registration form. Provides that any telecommunications provider that fails to comply with a portion of the Act is prohibited from receiving any State or local funds, including funds from the Illinois Telecommunications Universal Service Fund, for the development or support of new or existing critical telecommunications infrastructure and is also prohibited from receiving any federal funds subject to distribution by State or local governments for the development or support of new or existing critical telecommunications infrastructure. Effective July 1, 2024.


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A BILL FOR

 

SB3747LRB103 39055 CES 69192 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the Secure
5Telecommunications Act of 2024.
 
6    Section 5. Purpose. The purpose of this Act is to secure
7the State's telecommunications grid and protect national
8security by eliminating communications hardware and software
9from Illinois' telecommunications grid that comes from
10countries of concern and sanctioned entities.
 
11    Section 10. Definitions. In this Act:
12    "Critical telecommunications infrastructure" means all
13physical broadband infrastructure and equipment that supports
14the transmission of information of a user's choosing,
15regardless of the transmission medium or technology employed,
16that connects to a network that permits the end user to engage
17in communications, including, but not limited to, service
18provided directly to the public or to such classes of users as
19to be effectively available directly to the public.
20    "Federally banned corporation" means any company or
21designated equipment currently banned or at any point on or
22after the effective date of this Act banned at the federal

 

 

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1level. These bans shall include bans resulting from, but not
2limited to, actions taken by the following federal agencies or
3under the following Acts:
4        (1) the Federal Communications Commission, including,
5    but not limited to, any equipment or service deemed to
6    pose a threat to national security identified on the
7    Covered List developed pursuant to 47 CFR 1.50002, as it
8    existed on the effective date of this Act and as is
9    published by the Public Safety and Homeland Security
10    Bureau of the Federal Communications Commission pursuant
11    to the federal Secure and Trust Communications Networks
12    Act of 2019, 47 U.S.C. 1601 et seq., as that Act existed on
13    the effective date of this Act;
14        (2) the U.S. Commerce Department;
15        (3) the U.S. Cybersecurity and Infrastructure Security
16    Agency;
17        (4) the Federal Acquisition Security Council; and
18        (5) Section 889 of the John S. McCain National Defense
19    Authorization Act (NDAA) for Fiscal Year 2019 (P.L.
20    115-232).
21    "Foreign adversary" means the People's Republic of China,
22the Russian Federation, the Islamic Republic of Iran, the
23Democratic People's Republic of Korea, the Republic of Cuba,
24the Venezuelan regime of Nicolas Maduro, or the Syrian Arab
25Republic, including any agent of or any other entity under
26significant control of such foreign country of concern, or any

 

 

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1other entity deemed a foreign adversary by the Governor in
2consultation with the Illinois Commerce Commission.
3    "Telecommunications provider" means any corporation,
4public or private, which operates any system which supports
5the transmission of information of a user's choosing,
6regardless of the transmission medium or technology employed,
7that connects to a network that permits the end user to engage
8in communications, including, but not limited to, service
9provided directly to the public or to such classes of users as
10to be effectively available directly to the public.
 
11    Section 15. Prohibitions.
12    (a) All critical telecommunications infrastructure located
13within or serving the State shall be constructed not to
14include any equipment manufactured by a federally banned
15corporation, nor any equipment banned at the federal level.
16    (b) All critical telecommunications infrastructure located
17within or serving the State shall be constructed not to
18include any equipment manufactured in or by, including any
19equipment whose critical or necessary components are
20manufactured in or by, a foreign adversary, a state-owned
21enterprise of a foreign adversary, or a company domiciled
22within a foreign adversary.
23    (c) All critical telecommunications infrastructure in
24operation within or serving the State, to include any critical
25telecommunications infrastructure which is not permanently

 

 

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1disabled, shall have all equipment prohibited by subsection
2(a) or (b) replaced with equipment that is not prohibited by
3subsection (a) or (b).
4    (d) Any telecommunications provider that removes,
5discontinues, or replaces any prohibited telecommunications
6equipment or service shall not be required to obtain any
7additional permits from any State agency or political
8subdivision for the removal, discontinuance, or replacement of
9such communications equipment or service as long as the State
10agency or political subdivision is properly notified of the
11necessary replacements and the replacement communications
12equipment is similar to the existing communications equipment.
13    (e) The Commission shall impose against any person who
14violates this Section a civil penalty of not less than $10,000
15and not more than $100,000 per day of noncompliance.
 
16    Section 20. Illinois Commerce Commission registration and
17enforcement.
18    (a) Any telecommunications provider providing service in
19Illinois shall file a registration form with, and pay a
20registration fee to, the Illinois Commerce Commission by
21September 1, 2024, and then on January 1 every year
22thereafter. Any communications provider shall register with
23the Commission prior to providing service. The Commission
24shall prescribe the registration form to be filed pursuant to
25this Section.

 

 

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1    (b) A telecommunications provider shall provide the
2Illinois Commerce Commission with the name, address, telephone
3number, and email address of a person with managerial
4responsibility for the Illinois operations.
5    (c) A telecommunications provider shall:
6        (1) submit a registration fee at the time of
7    submission of the registration form. The Illinois Commerce
8    Commission shall set the fee in an amount sufficient to
9    cover the costs of administering the registration process
10    but not to exceed $50;
11        (2) keep the information required by this Section
12    current and notify the Commission of any changes to such
13    information within 60 days after the change; and
14        (3) certify to the Commission by January 1 each year
15    that all critical telecommunications equipment and
16    infrastructure within its operation does not use or
17    provide any communications equipment or service covered
18    under Section 3.
19    (d) The Commission shall impose against any provider that
20knowingly submits a false registration form under this Section
21a civil penalty of not less than $10,000 and not more than
22$100,000 per day of noncompliance.
23    (e) Any telecommunications provider that fails to comply
24with this Section is prohibited from receiving any State or
25local funds for the development or support of new or existing
26critical telecommunications infrastructure,
including the

 

 

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1Illinois Telecommunications Universal Service Fund, and is
2prohibited from receiving any federal funds subject to
3distribution by State or local governments for the development
4or support of new or existing critical telecommunications
5infrastructure.
 
6    Section 97. Severability. The provisions of this Act are
7severable under Section 1.31 of the Statute on Statutes.
 
8    Section 99. Effective date. This Act takes effect July 1,
92024.