SB2244 95TH GENERAL ASSEMBLY

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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB2244

Introduced 2/14/2008, by Sen. Michael W. Frerichs

SYNOPSIS AS INTRODUCED:

New Act
30 ILCS 105/5.708 new

Creates the High Speed Internet Services and Information Technology Act. Creates the Broadband Deployment Council as a body corporate and politic of the State. Sets forth the powers and duties of the Council concerning telecommunications development. Provides that the Act does not limit certain activities of units of local government concerning broadband services. Amends the State Finance Act to create the High Speed Internet Services and Information Technology Fund. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning technology.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the High Speed Internet Services and Information Technology Act.

Section 5. Findings. With respect to high-speed Internet services and information technology, the General Assembly finds the following:

(1) The deployment and adoption of high-speed Internet services and information technology has resulted in enhanced economic development and public safety for the State's communities, improved health care and educational opportunities, and a better quality of life for the State's residents.

(2) Continued progress in the deployment and adoption of high speed Internet services and information technology is vital to ensuring that this State remains competitive and continues to create business and job growth.

(3) In light of the importance of broadband deployment to the health, safety, and welfare of the people of Illinois, the Governor, by executive order, established the Broadband Deployment Council in 2005.

Section 10. Broadband Deployment Council established. There is hereby created, as a body corporate and politic of the State, the Broadband Deployment Council. The Lieutenant Governor is chair of the Council. The following individuals, or their designees, shall serve as members of the Broadband Deployment Council:

(1) The Director of Commerce and Economic Opportunity.

(2) The Chairman of the Illinois Commerce Commission.

(3) The Secretary of Transportation.

(4) The Chairman of the Illinois State Toll Highway Authority.

(5) The Chairman of the Illinois Finance Authority.

(6) The State Superintendent of Education.

(7) The Chairman of the Board of Higher Education.

(8) The Director of Central Management Services.

(9) At least 10 individuals appointed by the Governor. These appointments shall be made with consideration of the diversity of the State, including members representing rural areas, underserved urban areas, consumer interests, community interests, commercial interests including Incumbent and Competitive Local Exchange Carriers, and other entities providing communications or information services but not classified as Local Exchange Carriers.

The Office of the Lieutenant Governor shall provide administrative and staffing support to the Council.

Section 15. Powers and duties of the Broadband Deployment Council.

(a) The Council is responsible for the following duties:

(1) To identify those portions of the telecommunications infrastructure owned by agencies of the State of Illinois that can be made available for lease to commercial ventures, non-profit agencies, and local governments and to establish standard procedures and pricing for lease of that infrastructure.

(2) To ensure, where possible, that any infrastructure improvement undertaken by an agency of the State of Illinois includes the installation of an underground conduit that can be made available on a non-discriminatory basis to public, private, and non-profit entities interested in running fiber-optic lines for communications or information services through the conduit.

(3) To encourage and facilitate the coordination of private and public telecommunications deployment, including, but not limited to, grant-making and financing of various statewide, local, and regional efforts and public-private partnerships.

(4) To be a clearinghouse for information about available State, federal, and private funding for private and public telecommunications deployment. This includes working with the Illinois Finance Authority to develop loan, grant, and bond products suitable for telecommunications deployment projects.

(5) To make recommendations to the General Assembly regarding telecommunications initiatives that require legislative approval, including the creation of a State entity that handles distribution of funds for private and public telecommunications projects.

(6) To act as a liaison between any telecommunications deployment project and any entity controlling rights-of-way and other easements necessary for the project.

(7) To foster competition among all entities providing commercial communications or information services.

(8) To continually assess and catalog the telecommunications infrastructure of the State of Illinois for the purpose of determining the present and future needs of the State with respect to realizing the goals of competition, affordability, universal service, and securing the State's telecommunications and economic future.

(b) The Council has the following powers:

(1) to solicit and receive donations for broadband projects;

(2) to use funds from the High Speed Internet Services and Information Technology Fund to finance projects related to broadband deployment;

(3) to establish standards and procedures for its own operations;

(4) to establish standards for determining to whom to award grants; and

(5) to exercise any other power reasonably necessary to carry out its prescribed duties.

Section 20. Local broadband projects. Nothing in this Act shall be construed so as to limit the ability of any municipality, county, or other unit of local government to:

(1) undertake local broadband projects and the provision of services in connection therewith;

(2) lease infrastructure that it owns or controls;

(3) aggregate customers or demand for broadband services; or

(4) apply for and receive funds or technical assistance to undertake projects to address the level of broadband access available to its businesses and residents or any similar broadband deployment project.

Section 90. The State Finance Act is amended by adding Section 5.708 as follows:

(30 ILCS 105/5.708 new)

Sec. 5.708. The High Speed Internet Services and Information Technology Fund.

Section 99. Effective date. This Act takes effect upon becoming law.