Public Act 095-0684
 		





SB0766 Enrolled
LRB095 05415 RCE 25505 b






    AN ACT concerning State government.

 
    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) The State must encourage and support the 
    partnership of the public and private sectors in the 
    continued growth of high speed Internet and information 
    technology for the State's residents and businesses.
        (4) Local governmental entities play a role in

    assessing the needs of their communities with respect to 
    high speed Internet services and information technology.
 
    Section 10. Nonprofit organization defined. In this Act:
    "Nonprofit organization" means an organization that (i) is 
a nonprofit organization as described in Section 501(c)(3) of 
the federal Internal Revenue Code of 1986 and exempt from tax 
under Section 501(a) of that Code; (ii) has no part of the net 
earnings of which inures to the benefit of any member, founder, 
contributor, or individual; (iii) is organized under, subject 
to, and has all the powers and duties of a not-for-profit 
corporation under the General Not For Profit Corporation Act of 
1986; (iv) has statewide representation; and (v) has a board of 
directors that is not composed of a majority of individuals who 
are also employed by, or otherwise associated with, any 
federal, State, or local government or agency.
    "Department" means the Department of Commerce and Economic 
Opportunity.
 
    Section 15. Enlistment of a nonprofit organization. 
    (a) Notwithstanding any other statute, the Department of 
Commerce and Economic Opportunity shall enlist a nonprofit 
organization to implement a comprehensive, statewide high 
speed Internet deployment strategy and demand creation 
initiative with the purpose of:
        (1) ensuring that all State residents and businesses 
    have access to affordable and reliable high speed Internet 
    service;
        (2) achieving improved technology literacy, increased 
    computer ownership, and home high speed Internet use among 
    State residents and businesses;
        (3) establishing and empowering local   technology 
    planning teams in each county to plan for improved 
    technology use across multiple community sectors; and
        (4) establishing and sustaining an environment ripe 
    for high speed Internet access and technology investment 
    statewide.
    (b) The nonprofit organization shall have an established 
competency and proven record of working with public and private 
sectors to accomplish wide-scale deployment and adoption of 
broadband and information technology in Illinois.
    (c) The Department shall adopt rules regarding the 
enlistment of a nonprofit organization.
 
    Section 20. Duties of the enlisted nonprofit organization.
    (a) The high speed Internet deployment strategy and demand 
creation initiative to be performed by the nonprofit 
organization shall include, but not be limited to, the 
following actions:
        (1) Create a geographic statewide inventory of high 
    speed Internet service and other relevant broadband and 
    information technology services. The inventory shall:
            (A) identify geographic gaps in high speed 
        Internet service through a method of GIS mapping of 
        service availability and GIS analysis at the census 
        block level; and
            (B) provide a baseline assessment of statewide 
        high speed Internet deployment in terms of percentage 
        of Illinois households with high speed Internet 
        availability.
        (2) Track and identify, through customer interviews 
    and surveys and other publicly available sources, 
    statewide residential and business adoption of high speed 
    Internet, computers, and related information technology 
    and  any barriers to adoption.
        (3) Build and facilitate in each county or designated 
    region a local technology planning team with members 
    representing a cross section of the community, including, 
    but not limited to, representatives of business, K-12 
    education, health care, libraries, higher education, 
    community-based organizations, local government, tourism, 
    parks and recreation, and agriculture. Each team shall 
    benchmark technology use across relevant community 
    sectors, set goals for improved technology use within each 
    sector, and develop a plan for achieving its goals, with 
    specific recommendations for online application 
    development and demand creation.
        (4) Collaborate with high speed Internet providers and 
    technology companies to encourage deployment and use, 
    especially in underserved areas, by aggregating local 
    demand, mapping analysis, and creating market intelligence 
    to improve the business case for providers to deploy.
        (5) Collaborate with the Department in developing a 
    program to increase computer ownership and broadband 
    access for disenfranchised populations across the State. 
    The program may include grants to local community 
    technology centers that provide technology training, 
    promote computer ownership, and increase broadband access.
    (b) The nonprofit organization may apply for federal grants 
consistent with the objectives of this Act.
    (c) The Department of Commerce and Economic Opportunity  
shall use the funds in the High Speed Internet Services and 
Information Technology Fund to (1) provide grants to the 
nonprofit organization enlisted under this Act and (2) for any 
costs incurred by the Department to administer this Act.
    (d) The nonprofit organization shall have the power to 
obtain or to raise funds other than the grants received from 
the Department under this Act.
    (e) The nonprofit organization and its Board of Directors 
shall exist separately and independently from the Department 
and any other governmental entity, but shall cooperate with 
other public or private entities it deems appropriate in 
carrying out its duties.
    (f) Notwithstanding anything in this Act or any other Act 
to the contrary, any information that is designated 
confidential or proprietary by an entity providing the 
information to the nonprofit organization or any other entity 
to accomplish the objectives of this Act  shall be deemed 
confidential, proprietary, and a trade secret and treated by 
the nonprofit organization or anyone else possessing the 
information as such and shall not be disclosed.
    (g) The nonprofit organization shall provide a report to 
the Commission on Government Forecasting and Accountability on 
an annual basis for the first 3 complete State fiscal years 
following its enlistment.
 
    Section 25. Scope of authority. Nothing in this Act shall 
be construed as giving the Department of Commerce and Economic 
Opportunity, the nonprofit organization, or other entities any 
additional authority, regulatory or otherwise, over providers 
of telecommunications, broadband, and information technology.

 
    Section 30. High Speed Internet Services and Information 
Technology Fund. 
    (a) There is created in the State treasury  a special fund 
to be known as the High Speed Internet Services and Information 
Technology Fund, to be used, subject to appropriation, by the 
Department of Commerce and Economic Development for purposes of 
providing grants to the nonprofit organization enlisted under 
this Act.
    (b) On the effective date of this Act, $4,000,000 in the 
Digital Divide Elimination Infrastructure Fund shall be 
transferred to the High Speed Internet Services and Information 
Technology Fund.  Nothing contained in this subsection (b) shall 
affect the validity of grants issued with moneys from the 
Digital Divide Elimination Infrastructure Fund before June 30, 
2007.
 
    Section 35. Local broadband projects. Any municipality or 
county may undertake local broadband projects and the provision 
of services in connection therewith; may lease infrastructure 
that it owns or controls; may aggregate customers or demand for 
broadband services; may apply for and receive funds or 
technical assistance to undertake such projects to address the 
level of broadband access available to its businesses and 
residents.  To the extent that it seeks to serve as a retail 
provider of telecommunications services, the municipality or 
county shall be required to obtain appropriate certification 
from the Illinois Commerce Commission as a telecommunications 
carrier.
 
    Section 90. The State Finance Act is amended by adding 
Section 5.675 as follows:
 
    (30 ILCS 105/5.675 new)
    Sec. 5.675. The High Speed Internet Services and 
Information Technology Fund.
 

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