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1 | AN ACT concerning finance.
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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 5. The Eliminate the Digital Divide Law is amended | ||||||||||||||||||||||||||||||||||||||
5 | by changing Sections 5-5, 5-20, 5-30, 5-35, 5-40, and 5-105 and | ||||||||||||||||||||||||||||||||||||||
6 | by adding Sections 5-10 and 5-25 as follows:
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7 | (30 ILCS 780/5-5)
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8 | Sec. 5-5. Definitions; descriptions. As used in this | ||||||||||||||||||||||||||||||||||||||
9 | Article:
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10 | "Community-based organization" means
a private | ||||||||||||||||||||||||||||||||||||||
11 | not-for-profit organization that is located in an Illinois | ||||||||||||||||||||||||||||||||||||||
12 | community
and that provides services to citizens within that | ||||||||||||||||||||||||||||||||||||||
13 | community and the
surrounding area.
| ||||||||||||||||||||||||||||||||||||||
14 | "Community technology centers" provide computer access and | ||||||||||||||||||||||||||||||||||||||
15 | educational
services
using information technology. Community | ||||||||||||||||||||||||||||||||||||||
16 | technology centers are diverse in the
populations they serve | ||||||||||||||||||||||||||||||||||||||
17 | and programs they offer, but similar in that they
provide | ||||||||||||||||||||||||||||||||||||||
18 | technology access to individuals, communities, and populations | ||||||||||||||||||||||||||||||||||||||
19 | that
typically would not otherwise have places to use computer | ||||||||||||||||||||||||||||||||||||||
20 | and
telecommunications technologies.
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21 | "Department" means the Department of Commerce and Economic | ||||||||||||||||||||||||||||||||||||||
22 | Opportunity.
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23 | "Foundation" means the Non-profit Digital Divide |
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| |||||||
1 | Foundation created in this Law.
| ||||||
2 | "National school lunch
program" means a program | ||||||
3 | administered by the U.S. Department of
Agriculture and state | ||||||
4 | agencies that provides free or reduced price
lunches to | ||||||
5 | economically disadvantaged children. A child whose family
| ||||||
6 | income is between 130% and 185% of applicable family size
| ||||||
7 | income levels contained in the nonfarm poverty guidelines | ||||||
8 | prescribed by
the Office of Management and Budget is eligible | ||||||
9 | for a reduced price
lunch. A child whose family income is 130% | ||||||
10 | or less of applicable
family size income levels contained in | ||||||
11 | the nonfarm income poverty
guidelines prescribed by the Office | ||||||
12 | of Management and Budget is eligible
for a free lunch.
| ||||||
13 | "Telecommunications services" provided by | ||||||
14 | telecommunications carriers
include all commercially
available | ||||||
15 | telecommunications services in addition to all reasonable
| ||||||
16 | charges that are incurred by taking such services, such as | ||||||
17 | state and
federal taxes.
| ||||||
18 | "Other special services" provided by telecommunications | ||||||
19 | carriers
include Internet access and
installation and | ||||||
20 | maintenance of internal connections in addition to all
| ||||||
21 | reasonable charges that are incurred by taking such services, | ||||||
22 | such as
state and federal taxes.
| ||||||
23 | (Source: P.A. 94-793, eff. 5-19-06.)
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24 | (30 ILCS 780/5-10 new)
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25 | Sec. 5-10. Transfer of duties; transition of Department |
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1 | rules. All duties vested in the Department under this Law shall | ||||||
2 | end on December 31, 2007 and be transferred to the Non-profit | ||||||
3 | Digital Divide Foundation. Nothing in this Law shall allow the | ||||||
4 | Foundation to alter or revoke a Community Technology Grant | ||||||
5 | lawfully made by the Department. All rules adopted by the | ||||||
6 | Department for the administration of the Eliminate the Digital | ||||||
7 | Divide Law that are in effect on December 31, 2007 shall | ||||||
8 | continue as rules of the Foundation until such time as the | ||||||
9 | Foundation either expressly revokes or amends these rules. The | ||||||
10 | Foundation's rules under this Law shall be adopted in | ||||||
11 | accordance with the Illinois Administrative Procedure Act.
| ||||||
12 | (30 ILCS 780/5-20)
| ||||||
13 | Sec. 5-20. Digital Divide Elimination Fund. The Digital | ||||||
14 | Divide Elimination
Fund is created as a special fund
in the | ||||||
15 | State treasury. All moneys in the
Fund shall
be used, subject | ||||||
16 | to appropriation by the General Assembly, by the Department or | ||||||
17 | its successor in interest, the Non-profit Digital Divide | ||||||
18 | Foundation,
for grants made under Section 5-30 of this Act.
| ||||||
19 | (Source: P.A. 92-22, eff. 6-30-01.)
| ||||||
20 | (30 ILCS 780/5-25 new) | ||||||
21 | Sec. 5-25. Non-profit Digital Divide Foundation. | ||||||
22 | (a) The Non-profit Digital Divide Foundation is created to | ||||||
23 | succeed to duties previously held by the Department of Commerce | ||||||
24 | and Economic Opportunity under the Eliminate the Digital Divide |
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| |||||||
1 | Law. On and after January 1, 2008 the Foundation shall | ||||||
2 | administer
the Digital Divide Elimination Fund for grants made | ||||||
3 | under Section 5-30 of this Law. | ||||||
4 | (b) The Foundation must operate as a not-for-profit | ||||||
5 | organization exempt from federal income taxes under Section | ||||||
6 | 501(c)(3) of the Internal Revenue Code of 1986, and be governed | ||||||
7 | by articles of incorporation and bylaws that shall, at a | ||||||
8 | minimum, provide that: | ||||||
9 | (1) There shall be 6 voting members of the Foundation, | ||||||
10 | one of whom shall be appointed by the Governor, one of whom | ||||||
11 | shall be appointed by the President of the Illinois Senate, | ||||||
12 | one of whom shall be appointed by the Minority Leader of | ||||||
13 | the Illinois Senate, one of whom shall be appointed by the | ||||||
14 | Speaker of the Illinois House of Representatives, one of | ||||||
15 | whom shall be appointed by the Minority Leader of the | ||||||
16 | Illinois House of Representatives, and one of whom shall be | ||||||
17 | appointed by the Director of the Department of Commerce and | ||||||
18 | Economic Opportunity. The Governor shall designate one of | ||||||
19 | the 6 voting members to serve as chairman of the Foundation | ||||||
20 | serving in that position at the pleasure of the Governor. | ||||||
21 | (2) All voting members shall be entitled to | ||||||
22 | reimbursement for reasonable expenses incurred on behalf | ||||||
23 | of the Foundation in the performance of their duties as | ||||||
24 | members. All such reimbursements shall be paid out of the | ||||||
25 | Foundation assets. | ||||||
26 | (3) Foundation members shall be appointed within 30 |
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| |||||||
1 | days after the creation of the Foundation and shall serve | ||||||
2 | for a term of 5 years commencing upon the date of their | ||||||
3 | respective appointments, and until their respective | ||||||
4 | successors are appointed and have qualified. | ||||||
5 | (4) A vacancy in the Foundation membership shall be | ||||||
6 | filled by the person responsible for appointing the member | ||||||
7 | whose death or resignation creates the vacancy, and the | ||||||
8 | member appointed to fill a vacancy shall serve the | ||||||
9 | remainder of the term of the member whose resignation or | ||||||
10 | death created the vacancy. | ||||||
11 | (5) The Foundation shall have an indefinite term, and | ||||||
12 | shall terminate upon a unanimous vote of the Foundation | ||||||
13 | members to wind up the Foundation's affairs. Foundation | ||||||
14 | members must vote to terminate the Foundation when no | ||||||
15 | Foundation assets remain and reasonable efforts to obtain | ||||||
16 | new moneys have been reasonably exhausted. | ||||||
17 | (6) The Foundation shall be authorized to employ an | ||||||
18 | executive director and other employees, to enter into | ||||||
19 | leases, contracts and other obligations on behalf of the | ||||||
20 | Foundation, and to incur expenses that the Foundation deems | ||||||
21 | necessary or appropriate for the fulfillment of the | ||||||
22 | purposes for which the Foundation is established. | ||||||
23 | (c) The Non-Profit Digital Divide Foundation is authorized | ||||||
24 | to accept and solicit funds from State, federal, or local | ||||||
25 | governments; from the Illinois Commerce Commission, the | ||||||
26 | Illinois Board of Education, or other State agencies and |
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1 | departments; from private individuals, corporations, or other | ||||||
2 | entities; or from any other lawful source for the expansion of | ||||||
3 | the assets of the Digital Divide Elimination Fund, provided | ||||||
4 | that the Fund must continue to be used for the purposes set | ||||||
5 | forth in Section 5-30.
| ||||||
6 | (30 ILCS 780/5-30)
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7 | Sec. 5-30. Community Technology Center Grant Program.
| ||||||
8 | (a) Subject to appropriation, the Department or its | ||||||
9 | successor in interest, the Non-profit Digital Divide | ||||||
10 | Foundation, shall administer
the Community Technology Center | ||||||
11 | Grant Program under which the
Department or its successor in | ||||||
12 | interest, the Non-profit Digital Divide Foundation, shall make | ||||||
13 | grants in accordance with this Article
for planning, | ||||||
14 | establishment, administration, and expansion
of Community | ||||||
15 | Technology Centers and for assisting public hospitals,
| ||||||
16 | libraries, and park districts in eliminating the digital | ||||||
17 | divide. The purposes
of the grants shall include, but
not be | ||||||
18 | limited to, volunteer recruitment and management, training and
| ||||||
19 | instruction, infrastructure, and
related goods and services, | ||||||
20 | including case management, administration, personal | ||||||
21 | information management, and outcome-tracking tools and | ||||||
22 | software for the purposes of reporting to the Department or its | ||||||
23 | successor in interest, the Non-profit Digital Divide | ||||||
24 | Foundation, and for enabling participation in digital | ||||||
25 | government and consumer services programs, for Community |
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1 | Technology Centers and public
hospitals, libraries, and park | ||||||
2 | districts.
No Community Technology Center may receive a grant | ||||||
3 | of more than $75,000 under
this Section in a particular fiscal | ||||||
4 | year.
| ||||||
5 | (b) Public hospitals, libraries, park districts, and State | ||||||
6 | educational
agencies, local educational
agencies, institutions | ||||||
7 | of higher education, and other public and
private nonprofit or | ||||||
8 | for-profit agencies and organizations are eligible
to receive | ||||||
9 | grants under this Program, provided that a local educational
| ||||||
10 | agency or public or private educational
agency or organization | ||||||
11 | must, in order to be eligible to receive grants under
this | ||||||
12 | Program, provide computer access and educational services | ||||||
13 | using
information technology to the public at one or more of | ||||||
14 | its educational
buildings or facilities at least 12 hours each | ||||||
15 | week. A group of eligible
entities is
also eligible to receive | ||||||
16 | a grant if the group follows the procedures
for group | ||||||
17 | applications in 34 CFR 75.127-129 of the Education Department | ||||||
18 | General
Administrative Regulations.
| ||||||
19 | To be eligible to apply for a grant, a Community
Technology | ||||||
20 | Center, public hospital, library, or park district must serve a
| ||||||
21 | community in which not less than 40%
of the
students are | ||||||
22 | eligible for a free or reduced price lunch under the national
| ||||||
23 | school lunch program or in which not less than 30% of the | ||||||
24 | students
are eligible
for a free lunch under the national | ||||||
25 | school lunch program; however, if funding
is insufficient to | ||||||
26 | approve all grant applications for a particular fiscal year,
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| |||||||
1 | the Department or its successor in interest, the Non-profit | ||||||
2 | Digital Divide Foundation, may impose a higher minimum | ||||||
3 | percentage threshold for that fiscal
year. Determinations of | ||||||
4 | communities and determinations of the percentage of
students in | ||||||
5 | a community who are eligible for a free or reduced price lunch
| ||||||
6 | under the national school lunch program shall be in accordance | ||||||
7 | with rules
adopted by the Department or its successor in | ||||||
8 | interest, the Non-profit Digital Divide Foundation, .
| ||||||
9 | Any entities that have received a Community
Technology | ||||||
10 | Center grant under the federal Community Technology Centers | ||||||
11 | Program
are also eligible to apply for grants under this | ||||||
12 | Program.
| ||||||
13 | The Department or its successor in interest, the Non-profit | ||||||
14 | Digital Divide Foundation, shall
provide assistance to | ||||||
15 | Community Technology Centers in making those
determinations | ||||||
16 | for purposes of applying for grants.
| ||||||
17 | (c) Grant applications shall be submitted to the Department | ||||||
18 | or its successor in interest, the Non-profit Digital Divide | ||||||
19 | Foundation, on a schedule of one or more deadlines established | ||||||
20 | by the Department by rule.
| ||||||
21 | (d) The Department or its successor in interest, the | ||||||
22 | Non-profit Digital Divide Foundation, shall adopt rules | ||||||
23 | setting forth the required form
and contents of grant | ||||||
24 | applications.
| ||||||
25 | (e) There is created
the Digital Divide Elimination | ||||||
26 | Advisory Committee. The advisory committee
shall consist of 7
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1 | members appointed one each by the Governor, the President of
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2 | the Senate, the Senate Minority Leader, the Speaker of the | ||||||
3 | House, and the House
Minority Leader, and 2 appointed by the | ||||||
4 | Director of Commerce and Economic Opportunity, one of whom | ||||||
5 | shall be a representative of the telecommunications industry | ||||||
6 | and one of whom shall represent community technology centers. | ||||||
7 | The members of the advisory committee shall receive no
| ||||||
8 | compensation for their services as members of the advisory | ||||||
9 | committee but may be
reimbursed for their actual expenses | ||||||
10 | incurred in serving on the advisory
committee. The Digital | ||||||
11 | Divide Elimination Advisory Committee shall advise the
| ||||||
12 | Department or its successor in interest, the Non-profit Digital | ||||||
13 | Divide Foundation, in establishing criteria and priorities for | ||||||
14 | identifying recipients
of
grants under this Act. The advisory | ||||||
15 | committee shall obtain advice from the
technology industry | ||||||
16 | regarding current technological standards. The advisory
| ||||||
17 | committee shall seek any available federal funding.
| ||||||
18 | (f) There is created the Digital Divide Elimination Working | ||||||
19 | Group. The Working Group shall consist of the Director of | ||||||
20 | Commerce and Economic Opportunity, or his or her designee, the | ||||||
21 | Director of Central Management Services, or his or her | ||||||
22 | designee, and the Executive Director of the Illinois Commerce | ||||||
23 | Commission, or his or her designee. The Director of Commerce | ||||||
24 | and Economic Opportunity, or his or her designee, shall serve | ||||||
25 | as chair of the Working Group. The Working Group shall consult | ||||||
26 | with the members of the Digital Divide Elimination Advisory |
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| |||||||
1 | Committee and may consult with various groups including, but | ||||||
2 | not limited to, telecommunications providers, | ||||||
3 | telecommunications-related technology producers and service | ||||||
4 | providers, community technology providers, community and | ||||||
5 | consumer organizations, businesses and business organizations, | ||||||
6 | and federal government agencies.
| ||||||
7 | (g) Duties of the Digital Divide Elimination Working Group | ||||||
8 | include all of the following: | ||||||
9 | (1) Undertaking a thorough review of grant programs | ||||||
10 | available through the federal government, local agencies, | ||||||
11 | telecommunications providers, and business and charitable | ||||||
12 | entities for the purpose of identifying appropriate | ||||||
13 | sources of revenues for the Digital Divide Elimination Fund | ||||||
14 | and attempting to update available grants on a regular | ||||||
15 | basis. | ||||||
16 | (2) Researching and cataloging programs designed to | ||||||
17 | advance digital literacy and computer access that are | ||||||
18 | available through the federal government, local agencies, | ||||||
19 | telecommunications providers, and business and charitable | ||||||
20 | entities and attempting to update available programs on a | ||||||
21 | regular basis. | ||||||
22 | (3) Presenting the information compiled from items (1) | ||||||
23 | and (2) to the Department of Commerce and Economic | ||||||
24 | Opportunity or its successor in interest, the Non-profit | ||||||
25 | Digital Divide Foundation, , which shall serve as a single | ||||||
26 | point of contact for applying for funding for the Digital |
| |||||||
| |||||||
1 | Divide Elimination Fund and for distributing information | ||||||
2 | to the public regarding all programs designed to advance | ||||||
3 | digital literacy and computer access.
| ||||||
4 | (Source: P.A. 94-734, eff. 4-28-06.)
| ||||||
5 | (30 ILCS 780/5-35)
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6 | Sec. 5-35. Resale; Community Technology Centers.
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7 | (a) Products and services purchased by Community | ||||||
8 | Technology Centers with
grant funds may not be sold, resold, or | ||||||
9 | transferred in consideration of money
or any other thing of | ||||||
10 | value except with the prior approval of the Department or its | ||||||
11 | successor in interest, the Non-profit Digital Divide | ||||||
12 | Foundation .
| ||||||
13 | (b) This prohibition on resale shall not bar Community | ||||||
14 | Technology Centers
from charging fees for education or | ||||||
15 | workforce preparation courses. There is no
prohibition on the | ||||||
16 | resale of products or services that are not purchased with
| ||||||
17 | grant funds.
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18 | (Source: P.A. 91-704, eff. 7-1-00.)
| ||||||
19 | (30 ILCS 780/5-40)
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20 | Sec. 5-40. Auditing; records; Community Technology | ||||||
21 | Centers.
| ||||||
22 | (a) Community Technology Centers shall be
required to | ||||||
23 | maintain for expenditures made under this Article any | ||||||
24 | procurement
records required by the Department or its successor |
| |||||||
| |||||||
1 | in interest, the Non-profit Digital Divide Foundation . | ||||||
2 | Community Technology Centers shall produce
those records at the | ||||||
3 | request of the Department or its successor in interest, the | ||||||
4 | Non-profit Digital Divide Foundation , any auditor appointed by | ||||||
5 | the
State, or any State officer or agency entitled to inspect | ||||||
6 | the records.
| ||||||
7 | (b) Community Technology Centers shall be subject to random
| ||||||
8 | compliance audits to evaluate what products and services they | ||||||
9 | are purchasing
and how the products and services are being | ||||||
10 | used.
| ||||||
11 | (Source: P.A. 91-704, eff. 7-1-00.)
| ||||||
12 | (30 ILCS 780/5-105)
| ||||||
13 | Sec. 5-105. Rules. The Department or its successor in | ||||||
14 | interest, the Non-profit Digital Divide Foundation, may adopt | ||||||
15 | any rules that are necessary
and appropriate to carry out this | ||||||
16 | Article.
| ||||||
17 | (Source: P.A. 91-704, eff. 7-1-00.)
| ||||||
18 | Section 99. Effective date. This Act takes effect upon | ||||||
19 | becoming law.
|