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91_HB4270eng
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1 AN ACT to eliminate the digital divide.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 ARTICLE 1. SHORT TITLE; FINDINGS; PURPOSES
5 Section 1-1. Short title. This Act may be cited as the
6 Eliminate the Digital Divide Act.
7 Section 1-5. Statement of legislative findings and
8 purposes. The General Assembly finds that the growth of high
9 technology industry, including computers, the Internet, and
10 advanced telecommunications, has created a division in
11 society. Those who are able to master the tools of the new
12 digital technology and have access to the technology have
13 benefited in the form of improved employment possibilities
14 and a higher standard of life. Those who are unfamiliar with
15 the new technologies, or do not have access to them, are
16 increasingly constrained to marginal employment and a
17 standard of living near the poverty level. This "digital
18 divide" parallels existing economic, racial, and gender
19 divisions in society, with the more privileged members of
20 society having much greater opportunity to benefit from the
21 new technologies than those who are less favorably situated.
22 It is the purpose of this Act to establish educational and
23 economic development initiatives that will bridge the digital
24 divide, making possible a society in which all individuals
25 can benefit from the opportunities provided by the new
26 technologies.
27 ARTICLE 5. GRANT PROGRAMS
28 Section 5-5. Definitions; descriptions. As used in this
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1 Article:
2 "Community-based organization" means a private
3 not-for-profit organization that is located in an Illinois
4 community and that provides services to citizens within that
5 community and the surrounding area.
6 "Community technology centers" provide computer access
7 and educational services using information technology.
8 Community technology centers are diverse in the populations
9 they serve and programs they offer, but similar in that they
10 provide technology access to individuals, communities, and
11 populations that typically would not otherwise have places to
12 use computer and telecommunications technologies.
13 "Department" means the Department of Commerce and
14 Community Affairs.
15 "National school lunch program" means a program
16 administered by the U.S. Department of Agriculture and state
17 agencies that provides free or reduced price lunches to
18 economically disadvantaged children. A child whose family
19 income is between 130% and 185% of applicable family size
20 income levels contained in the nonfarm poverty guidelines
21 prescribed by the Office of Management and Budget is eligible
22 for a reduced price lunch. A child whose family income is
23 130% or less of applicable family size income levels
24 contained in the nonfarm income poverty guidelines prescribed
25 by the Office of Management and Budget is eligible for a free
26 lunch.
27 "Telecommunications services" provided by
28 telecommunications carriers include all commercially
29 available telecommunications services in addition to all
30 reasonable charges that are incurred by taking such services,
31 such as state and federal taxes.
32 "Other special services" provided by telecommunications
33 carriers include Internet access and installation and
34 maintenance of internal connections in addition to all
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1 reasonable charges that are incurred by taking such services,
2 such as state and federal taxes.
3 Section 5-10. Digital Divide Bridge Grant Program.
4 (a) From funds appropriated for the purpose, the
5 Department shall administer the Digital Divide Bridge Grant
6 Program under which the Department shall make grants in
7 accordance with this Article to community-based organizations
8 for the purchase of telecommunications services, other
9 special services, computer equipment, software, and
10 maintenance for computer equipment and software, where the
11 purchases are directly related to educational and workforce
12 preparation programs.
13 (b) To be eligible to apply for a grant, a
14 community-based organization must serve a community in which
15 not less than 50% of the students are eligible for a free or
16 reduced price lunch under the national school lunch program
17 or not less than 40% of the students are eligible for a free
18 lunch program under the national school lunch program;
19 however, if funding is insufficient to approve all grant
20 applications for a particular fiscal year, the Department may
21 impose a higher minimum percentage threshold for that fiscal
22 year. Determinations of communities and determinations of the
23 percentage of students in a community who are eligible for a
24 free or reduced price lunch under the national school lunch
25 program shall be in accordance with rules adopted by the
26 Department. The Department shall provide assistance to
27 community-based organizations in making those determinations
28 for purposes of applying for grants.
29 (c) Grant applications shall be submitted to the
30 Department not later than March 15 for the next fiscal year.
31 (d) A community-based organization may receive a grant
32 only if it supplies matching funds. The grant to a particular
33 community-based organization for a fiscal year shall be equal
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1 to a percentage of the total amount of eligible expenditures
2 to be made by that community-based organization under this
3 Article during that fiscal year. That percentage shall be the
4 same as the percentage of students in the community served by
5 that community-based organization who are eligible for a free
6 or reduced price lunch under the national school lunch
7 program. The remainder of the expenditures shall be made by
8 that community-based organization using the matching funds
9 that it supplies. A community-based organization shall
10 specify in its grant application the total amount of eligible
11 expenditures proposed to be made by the community-based
12 organization in the next fiscal year, the amount of the grant
13 being sought, and the amount of matching funds that it
14 proposes to supply.
15 (e) The Department shall adopt rules setting forth the
16 required form and contents of grant applications.
17 Section 5-15. Resale; community-based organizations.
18 (a) Products and services purchased by community-based
19 organizations with grant funds may not be sold, resold, or
20 transferred in consideration of money or any other thing of
21 value except with the prior approval of the Department.
22 (b) This prohibition on resale shall not bar
23 community-based organizations from charging fees for
24 educational or workforce preparation courses. There is no
25 prohibition on the resale of products or services that are
26 not purchased with grant funds.
27 Section 5-20. Auditing; records; community-based
28 organizations.
29 (a) Community-based organizations shall be required to
30 maintain for expenditures made under this Article any
31 procurement records required by the Department.
32 Community-based organizations shall produce those records at
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1 the request of the Department, any auditor appointed by the
2 State, or any State officer or agency entitled to inspect the
3 records.
4 (b) Community-based organizations shall be subject to
5 random compliance audits to evaluate what products and
6 services they are purchasing and how the products and
7 services are being used.
8 Section 5-30. Community Technology Center Grant Program.
9 (a) From funds appropriated for the purpose, the
10 Department shall administer the Community Technology Center
11 Grant Program under which the Department shall make grants in
12 accordance with this Article for planning, establishment,
13 administration, and expansion of Community Technology
14 Centers. The purposes of the grants shall include, but not be
15 limited to, volunteer recruitment and management,
16 infrastructure, and related goods and services for Community
17 Technology Centers. The total amount of grants under this
18 Section in fiscal year 2001 shall not exceed $2,000,000. No
19 Community Technology Center may receive a grant of more than
20 $50,000 under this Section in a particular fiscal year.
21 (b) State educational agencies, local educational
22 agencies, institutions of higher education, and other public
23 and private nonprofit or for-profit agencies and
24 organizations are eligible to receive grants under this
25 Program. A group of eligible entities is also eligible to
26 receive a grant if the group follows the procedures for group
27 applications in 34 CFR 75.127-129 of the Education Department
28 General Administrative Regulations.
29 To be eligible to apply for a grant, a Community
30 Technology Center must serve a community in which not less
31 than 50% of the students are eligible for a free or reduced
32 price lunch under the national school lunch program or in
33 which not less than 40% of the students are eligible for a
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1 free lunch under the national school lunch program; however,
2 if funding is insufficient to approve all grant applications
3 for a particular fiscal year, the Department may impose a
4 higher minimum percentage threshold for that fiscal year.
5 Determinations of communities and determinations of the
6 percentage of students in a community who are eligible for a
7 free or reduced price lunch under the national school lunch
8 program shall be in accordance with rules adopted by the
9 Department.
10 Any entities that have received a Community Technology
11 Center grant under the federal Community Technology Centers
12 Program are also eligible to apply for grants under this
13 Program.
14 The Department shall provide assistance to Community
15 Technology Centers in making those determinations for
16 purposes of applying for grants.
17 (c) Grant applications shall be submitted to the
18 Department not later than March 15 for the next fiscal year.
19 (d) The Department shall adopt rules setting forth the
20 required form and contents of grant applications.
21 Section 5-35. Resale; Community Technology Centers.
22 (a) Products and services purchased by Community
23 Technology Centers with grant funds may not be sold, resold,
24 or transferred in consideration of money or any other thing
25 of value except with the prior approval of the Department.
26 (b) This prohibition on resale shall not bar Community
27 Technology Centers from charging fees for education or
28 workforce preparation courses. There is no prohibition on the
29 resale of products or services that are not purchased with
30 grant funds.
31 Section 5-40. Auditing; records; Community Technology
32 Centers.
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1 (a) Community Technology Centers shall be required to
2 maintain for expenditures made under this Article any
3 procurement records required by the Department. Community
4 Technology Centers shall produce those records at the request
5 of the Department, any auditor appointed by the State, or any
6 State officer or agency entitled to inspect the records.
7 (b) Community Technology Centers shall be subject to
8 random compliance audits to evaluate what products and
9 services they are purchasing and how the products and
10 services are being used.
11 Section 5-45. Statewide Community Technology Center
12 Network. From funds appropriated for the purpose, the
13 Department shall expend not more than $100,000 in fiscal year
14 2001 to establish and administer a Statewide Community
15 Technology Center Network to assist in local and regional
16 planning under this Article.
17 Section 5-105. Rules. The Department may adopt any rules
18 that are necessary and appropriate to carry out this Article.
19 ARTICLE 90. AMENDATORY PROVISIONS
20 Section 90-5. The School Code is amended by adding
21 Sections 2-3.131 and 2-3.122 as follows:
22 (105 ILCS 5/2-3.131 new)
23 Sec. 2-3.131. Computers for children program.
24 (a) The General Assembly finds that future jobs will
25 require computer skills, and the State of Illinois should
26 assist in providing schools, park district programs, and
27 community centers with the computer equipment necessary to
28 assure technological literacy and a better trained workforce.
29 (b) The State Board of Education shall create a program,
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1 to be known as the "Cdrives for Kids Program", to refurbish
2 and upgrade donated computers as high quality computers for
3 use by children in schools, park district programs, and
4 community centers. To implement and administer this program,
5 the State Board of Education shall do all of the following
6 within available appropriations allocated for this program:
7 (1) Establish and annually revise the minimum
8 standards for computers that will be accepted by the
9 program and the minimum specifications for the
10 refurbishment of donated computers as high quality
11 computers that will be able to access online educational
12 resources and perform multi-media functions.
13 (2) Contract with one or more not-for-profit
14 organizations to handle arrangements for marketing,
15 receipt, storage, and delivery of donated and refurbished
16 computers to designated sites.
17 (3) Contract with any schools, community colleges,
18 universities, or not-for-profit organizations to
19 refurbish donated computers pursuant to this program,
20 provided that security measures are instituted to remove
21 confidential information from donated computers prior to
22 access by any unauthorized persons.
23 (4) Allocate high quality computers after they are
24 refurbished, based on an application process, to schools,
25 park district programs, and community centers, as defined
26 by the State Board of Education, at no or a low cost.
27 (c) The State Board of Education may utilize funds
28 appropriated by the General Assembly and any other private
29 funding available for this program for the purchase of
30 computer supplies and parts; the purchase of computer
31 software; reasonable costs associated with marketing,
32 receipt, storage, and delivery of donated and refurbished
33 computers; and reasonable administrative expenses incurred by
34 the State Board of Education and organizations contracting
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1 with the State Board of Education pursuant to subsection (b)
2 of this Section.
3 (d) The State Board of Education may adopt any rules
4 necessary to implement and administer this program.
5 (105 ILCS 5/2-3.132 new)
6 Sec. 2-3.132. E-training/technology program.
7 (a) The State Board of Education shall, to the
8 extent funds are available, create and administer an
9 e-training/technology program to train elementary and high
10 school teachers in eligible school districts, as defined in
11 subsection (b), using 2 courses, Introduction to Computers
12 and Introduction to the Internet.
13 (b) As used in this Section, "eligible school district"
14 means a school district in which not less than 50% of the
15 students are eligible for a free or reduced price lunch under
16 the national school lunch program. As used in this Section,
17 "national school lunch program" has the meaning ascribed to
18 that term in Article 5 of the Eliminate the Digital Divide
19 Act.
20 Section 90-10. The Public Community College Act is
21 amended by adding Section 2-20 as follows:
22 (110 ILCS 805/2-20 new)
23 Sec. 2-20. Pilot program; introductory course in
24 computers and the Internet. The State Board shall, to the
25 extent funds are available, create and administer a pilot
26 program in 3 community colleges, one of which is located in a
27 municipality with a population exceeding 2,000,000; one of
28 which is located in a county that has a population of less
29 than 400,000, is not adjacent to a county with a population
30 more than 3,000,000, and serves an area containing at least
31 one municipality whose population exceeds 30,000; and one of
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1 which is located in a county that has a population of less
2 than 400,000, is not adjacent to a county with a population
3 more than 3,000,000, and serves an area containing no
4 municipalities whose populations exceed 30,000. Under the
5 pilot program, an introductory course in computers and the
6 Internet shall be offered. Students who complete the course
7 shall be eligible to purchase computer hardware and software
8 at a discounted, affordable price. The State Board shall
9 adopt rules for the administration of the pilot program.
10 Section 90-105. The Higher Education Student Assistance
11 Act is amended by adding Section 35.5 as follows:
12 (110 ILCS 947/35.5 new)
13 Sec. 35.5. Computer assistance grant program.
14 (a) The Commission shall award grants to students under
15 a program to increase the availability of computers to
16 financially needy students through State assistance. A
17 student is eligible for a grant under this program if the
18 student is a recipient of a grant under Section 35 of this
19 Act. The Commission shall request annual appropriations for
20 this program. Grants under this program are contingent on
21 the availability of funds. The Commission may adopt any rules
22 necessary to implement and administer this program.
23 (b) This Section is repealed on July 1, 2002.
24 ARTICLE 99. EFFECTIVE DATE
25 Section 99-1. Effective date. This Act takes effect
26 upon becoming law.
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