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1 | AN ACT concerning telecommunications.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the High | ||||||
5 | Speed Internet Services and Information Technology Act. | ||||||
6 | Section 5. Findings. With respect to high speed Internet | ||||||
7 | services and information technology, the General Assembly | ||||||
8 | finds the following: | ||||||
9 | (1) The deployment and adoption of high speed Internet | ||||||
10 | services and information technology has resulted in | ||||||
11 | enhanced economic development and public safety for the | ||||||
12 | State's communities, improved health care and educational | ||||||
13 | opportunities, and a better quality of life for the State's | ||||||
14 | residents. | ||||||
15 | (2) Continued progress in the deployment and adoption | ||||||
16 | of high speed Internet services and information technology | ||||||
17 | is vital to ensuring that this State remains competitive | ||||||
18 | and continues to create business and job growth. | ||||||
19 | (3) The State must encourage and support the | ||||||
20 | partnership of the public and private sectors in the | ||||||
21 | continued growth of high speed Internet and information | ||||||
22 | technology for the State's residents and businesses. | ||||||
23 | (4) Local governmental entities play a role in
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1 | assessing the needs of their communities with respect to | ||||||
2 | high speed Internet services and information technology. | ||||||
3 | Section 10. Definitions. In this Act: | ||||||
4 | "Nonprofit organization" means an organization that (i) is | ||||||
5 | a nonprofit organization as described in Section 501(c)(3) of | ||||||
6 | the federal Internal Revenue Code of 1986 and exempt from tax | ||||||
7 | under Section 501(a) of that Code; (ii) has no part of the net | ||||||
8 | earnings of which inures to the benefit of any member, founder, | ||||||
9 | contributor, or individual; and (iii) is organized under, | ||||||
10 | subject to, and has all the powers and duties of a | ||||||
11 | not-for-profit corporation under the General Not For Profit | ||||||
12 | Corporation Act of 1986. | ||||||
13 | Section 15. Connect IL. | ||||||
14 | (a) Notwithstanding any other statute, the Lieutenant | ||||||
15 | Governor, with the advice of the Broadband Deployment Council, | ||||||
16 | shall authorize the creation of a nonprofit corporation called | ||||||
17 | Connect IL to implement a comprehensive, statewide high speed | ||||||
18 | Internet deployment strategy and demand creation initiative | ||||||
19 | with the purpose of: | ||||||
20 | (1) ensuring that all State residents and businesses | ||||||
21 | have access to affordable and reliable high speed Internet | ||||||
22 | service; | ||||||
23 | (2) achieving improved technology literacy, increased | ||||||
24 | computer ownership, and home high speed Internet use among |
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1 | State residents and businesses; | ||||||
2 | (3) establishing and empowering local technology | ||||||
3 | planning teams in each county to plan for improved | ||||||
4 | technology use across multiple community sectors; and | ||||||
5 | (4) establishing and sustaining an environment ripe | ||||||
6 | for high speed Internet access and technology investment | ||||||
7 | statewide. | ||||||
8 | (b) Connect IL's governing board shall be appointed by the | ||||||
9 | Lieutenant Governor, with the advice of the Broadband | ||||||
10 | Deployment Council, and shall not exceed 11 members, with a | ||||||
11 | maximum of 6 representing the private sector and a maximum of 5 | ||||||
12 | representing the government and nonprofit sectors. Four of the | ||||||
13 | private sector members shall be from the largest incumbent | ||||||
14 | local exchange carriers, one shall be from the cable television | ||||||
15 | industry, and one shall be from the Internet Service Provider | ||||||
16 | (ISP) industry. Members representing the public sector shall | ||||||
17 | include one member from a public Illinois university, one | ||||||
18 | member that represents Community Technology Centers, one | ||||||
19 | member from the Department of Commerce and Economic | ||||||
20 | Opportunity, one member from the Lieutenant Governor's office, | ||||||
21 | and one member from the Department of Central Management | ||||||
22 | Services. The board shall select its chairperson to serve a | ||||||
23 | 2-year term. | ||||||
24 | (c) In lieu of, or in addition to creating a nonprofit, the | ||||||
25 | Lieutenant Governor, with the Broadband Deployment Council's | ||||||
26 | advice, shall enlist an existing nonprofit organization that |
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1 | has an established competency and proven record of working with | ||||||
2 | public and private sectors to accomplish wide-scale deployment | ||||||
3 | and adoption of broadband and information technology. | ||||||
4 | Section 20. Duties of Connect IL. | ||||||
5 | (a) The high speed Internet deployment strategy and demand | ||||||
6 | creation initiative to be performed by the nonprofit | ||||||
7 | organization shall include, but not be limited to, the | ||||||
8 | following actions: | ||||||
9 | (1) Create a geographic statewide inventory of high | ||||||
10 | speed Internet service and other relevant broadband and | ||||||
11 | information technology services. The inventory shall: | ||||||
12 | (A) identify geographic gaps in high speed | ||||||
13 | Internet service through a method of GIS mapping of | ||||||
14 | service availability and GIS analysis at the census | ||||||
15 | block level; and | ||||||
16 | (B) provide a baseline assessment of statewide | ||||||
17 | high speed Internet deployment in terms of percentage | ||||||
18 | of Illinois households with high speed Internet | ||||||
19 | availability. | ||||||
20 | (2) Track and identify, through customer interviews | ||||||
21 | and surveys and other publicly available sources, | ||||||
22 | statewide residential and business adoption of high speed | ||||||
23 | Internet, computers, and related information technology | ||||||
24 | and any barriers to adoption. | ||||||
25 | (3) Build and facilitate in each county or designated |
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1 | region a local technology planning team with members | ||||||
2 | representing a cross section of the community, including, | ||||||
3 | but not limited to, representatives of business, K-12 | ||||||
4 | education, health care, libraries, higher education, | ||||||
5 | community-based organizations, local government, tourism, | ||||||
6 | parks and recreation, and agriculture. Each team shall | ||||||
7 | benchmark technology use across relevant community | ||||||
8 | sectors, set goals for improved technology use within each | ||||||
9 | sector, and develop a plan for achieving its goals, with | ||||||
10 | specific recommendations for online application | ||||||
11 | development and demand creation. | ||||||
12 | (4) Collaborate with high speed Internet providers and | ||||||
13 | technology companies to encourage deployment and use, | ||||||
14 | especially in underserved areas, by aggregating local | ||||||
15 | demand, mapping analysis, and creating market intelligence | ||||||
16 | to improve the business case for providers to deploy. | ||||||
17 | (5) Establish a program to increase computer ownership | ||||||
18 | and Internet access for disenfranchised populations across | ||||||
19 | the State. | ||||||
20 | (b) The nonprofit organization may apply for federal grants | ||||||
21 | consistent with the objectives of this Act. | ||||||
22 | (c) The Lieutenant Governor shall use the funds in the High | ||||||
23 | Speed Internet Services and Information Technology Fund to | ||||||
24 | provide grants to the nonprofit organization created or | ||||||
25 | enlisted under this Act. | ||||||
26 | (d) The nonprofit organization shall have the power to |
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1 | obtain or to raise funds other than the grants receive from the | ||||||
2 | Lieutenant Governor under this Act. | ||||||
3 | (e) The nonprofit organization and its Board of Directors | ||||||
4 | shall exist separately and independently from the Office of the | ||||||
5 | Lieutenant Governor and any other governmental entity, but | ||||||
6 | shall cooperate with the Office of the Lieutenant Governor, the | ||||||
7 | Broadband Deployment Council, and other public or private | ||||||
8 | entities it deems appropriate in carrying out its duties. | ||||||
9 | (f) Notwithstanding anything in this Act or any other Act | ||||||
10 | to the contrary, any information that is designated | ||||||
11 | confidential or proprietary by an entity providing the | ||||||
12 | information to the nonprofit organization or any other entity | ||||||
13 | to accomplish the objectives of this Act shall be deemed | ||||||
14 | confidential, proprietary, and a trade secret and treated by | ||||||
15 | the nonprofit organization, Connect IL's governing board, or | ||||||
16 | anyone else possessing the information as such and shall not be | ||||||
17 | disclosed. | ||||||
18 | Section 25. Scope of authority. Nothing in this Act shall | ||||||
19 | be construed as giving the Lieutenant Governor, the Broadband | ||||||
20 | Deployment Council, the nonprofit organization, or other | ||||||
21 | entities any additional authority, regulatory or otherwise, | ||||||
22 | over providers of telecommunications, broadband, and | ||||||
23 | information technology.
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24 | Section 30. High Speed Internet Services and Information |
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1 | Technology Fund. | ||||||
2 | (a) There is created in the State treasury a special fund | ||||||
3 | to be known as the High Speed Internet Services and Information | ||||||
4 | Technology Fund, to be used, subject to appropriation, by the | ||||||
5 | Lieutenant Governor for purposes of providing grants to the | ||||||
6 | nonprofit organization enlisted under this Act. | ||||||
7 | (b) On the effective date of this Act, all moneys in the | ||||||
8 | Digital Divide Elimination Infrastructure Fund which have not | ||||||
9 | already been distributed or ordered distributed by the Illinois | ||||||
10 | Commerce Commission shall be transferred to the High Speed | ||||||
11 | Internet Services and Information Technology Fund. Nothing | ||||||
12 | contained in this subsection (b) shall affect the validity of | ||||||
13 | grants issued under this Act before June 30, 2007. | ||||||
14 | Section 35. Local broadband projects. Any municipality or | ||||||
15 | county may undertake local broadband projects and the provision | ||||||
16 | of services in connection therewith; may lease infrastructure | ||||||
17 | that it owns or controls; may aggregate customers or demand for | ||||||
18 | broadband services; may apply for and receive funds or | ||||||
19 | technical assistance to undertake such projects to address the | ||||||
20 | level of broadband access available to its businesses and | ||||||
21 | residents. To the extent that it seeks to serve as a retail | ||||||
22 | provider of telecommunications services, the municipality or | ||||||
23 | county shall be required to obtain appropriate certification | ||||||
24 | from the Illinois Commerce Commission as a telecommunications | ||||||
25 | carrier. |
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1 | Section 90. The State Finance Act is amended by adding | ||||||
2 | Section 5.675 as follows: | ||||||
3 | (30 ILCS 105/5.675 new) | ||||||
4 | Sec. 5.675. The High Speed Internet Services and | ||||||
5 | Information Technology Fund.
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6 | Section 99. Effective date. This Act takes effect upon | ||||||
7 | becoming law.
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