SB0851sam001 103RD GENERAL ASSEMBLY

Sen. Rachel Ventura

Filed: 5/3/2023

10300SB0851sam001 LRB103 03309 DTM 61351 a

AMENDMENT TO SENATE BILL 851

AMENDMENT NO. ______. Amend Senate Bill 851 by replacing everything after the enacting clause with the following:

"Section 5. The Broadband Advisory Council Act is amended by changing Section 20 and by adding Section 30 as follows:

(220 ILCS 80/20)

Sec. 20. Powers and duties of the Council generally.

(a) The Council shall:

(1) explore any and all ways to expand the availability to end-user customers of broadband services using available technologies, including, but not limited to, wireline, wireless, fixed wireless, and satellite applications;

(2) identify barriers to broadband adoption among the residents and small businesses of Illinois;

(3) research ways to eliminate barriers to adoption through measures such as: digital literacy programs; programs to assist older citizens in using broadband Internet access; programs to facilitate adoption by disabled citizens; and programs to encourage collaborative efforts among public universities, community colleges, libraries, public housing, and other institutions;

(4) assess the availability of broadband for low-income households compared to the availability of broadband for other households;

(5) explore the potential for increased use of broadband service for the purposes of education, career readiness, workforce preparation, and alternative career training;

(6) explore the potential for increased use of broadband services to facilitate aging in place;

(7) explore ways for encouraging State and municipal agencies, including public housing authorities, to expand the use of broadband services for the purpose of better serving the public, including audio and video streaming, voice-over Internet protocol, teleconferencing, and wireless networking;

(8) cooperate and assist in the expansion of electronic instruction and distance education services; and

(9) as the Federal Communications Commission updates the benchmark downstream data rates and upstream data rates, publish the revised data rates in the Illinois Register within 60 days after the federal update; and .

(10) encourage the expansion of the Illinois Century Network, including issuing recommendations for increasing agency staffing, infrastructure development, price modeling, and deployment that prioritizes areas that are unserved by any broadband network and areas that do not have access to broadband service that provides download speeds of at least 100 Mbps, upload speeds of at least 20 Mbps, and a latency of 100 milliseconds or less.

(b) In addition to the powers set forth elsewhere in this Act, the Council is hereby granted the powers necessary to carry out the purpose and intent of this Act, as enumerated in this Section, including, but not limited to:

(1) promoting awareness of public facilities that have community broadband access that can be used for distance education and workforce development; and

(2) advising on deployment of e-government portals such that all public bodies and political subdivisions have websites and encourage one-stop government access and that all public entities stream audio and video of all public meetings.

(c) The Council shall also:

(1) monitor the broadband-based development efforts of other states in areas such as business, education, aging in place, and health;

(2) receive input provided on a voluntary basis from all Illinois broadband stakeholders and advise the Governor and the General Assembly on policies related to broadband in Illinois, provided that no stakeholders shall be required to publicly disclose competitively sensitive information or information that could compromise network security or undermine the efficacy of reasonable network management practices, and that any such information voluntarily disclosed shall be protected from public disclosure; and

(3) serve as the broadband advocate to State agencies and other State entities to communicate the broadband needs of citizens and organizations that do not have access to broadband service or to broadband service adequate for their needs.

(d) The Council shall exercise its powers and authority to (1) advise and make recommendations to the General Assembly and the Governor on bringing broadband service to unserved and underserved rural and urban areas and improving broadband service statewide, (2) advise and make recommendations to the General Assembly and the Governor on facilitating broadband adoption by all citizens, and (3) propose statutory changes that may enhance and expand broadband in the State.

(e) The Council shall report to the General Assembly on or before January 1 of each year. The report to the General Assembly shall be filed with the Clerk of the House of Representatives and the Secretary of the Senate in electronic form only, in the manner that the Clerk and the Secretary shall direct. The report shall include the action that was taken by the Council during the previous year in carrying out the provisions of this Act. The Council shall also make any other reports as may be required by the General Assembly or the Governor.

(Source: P.A. 100-833, eff. 1-1-19.)

(220 ILCS 80/30 new)

Sec. 30. Universal retail broadband Internet access.

(a) To expand affordable broadband service statewide in furtherance of the purposes of this Act, the Council shall study the feasibility of connecting all anchor institutions, as defined in Section 7 of the Illinois Century Network Act, to the Illinois Century Network, prioritizing connecting the following: (1) areas that are unserved by any broadband network and areas that do not have access to broadband service that provides download speeds of at least 100 Mbps, upload speeds of at least 20 Mbps, and a latency of 100 milliseconds or less and (2) public schools, public libraries, and State-owned correctional institutions or facilities. The Office of Broadband within the Department of Commerce and Economic Opportunity shall support and assist the Council in the development of the study.

(b) The feasibility study required under subsection (a) shall explore:

(1) efforts among other states and units of local government to develop and administer public broadband service;

(2) models for expanding a public retail broadband service network;

(3) the resources necessary to expand the Illinois Century Network across the State of Illinois to all anchor institutions;

(4) the benefits of a public broadband service option;

(5) potential sources of funding for the expansion of the Illinois Century Network;

(6) additional staff and contracting needs necessary to expand the Illinois Century Network;

(7) options for partnering with units of local government in Illinois that have taken steps toward offering public broadband service; and

(8) any other factors that are necessary for the expansion of the Illinois Century Network to anchor institutions.

The feasibility study shall offer recommendations for the expansion of the Illinois Century Network, including a timeline, staffing needs, financial resources needed, and suggested rates for broadband service. The recommendations shall be based on a goal to give all public schools, public libraries, and State-owned correctional institutions or facilities access to reliable, Gigabit-level broadband service by January 1, 2030.

(c) The Council shall issue a report on its findings and recommendations for any necessary legislation to the General Assembly by January 1, 2024.

Section 10. The Illinois Century Network Act is amended by changing Sections 7 and 10 as follows:

(20 ILCS 3921/7)

Sec. 7. Definitions. Beginning on July 1, 2018, as used in this Act, "anchor institutions" means Illinois schools, institutions of higher education, libraries, museums, research institutions, correctional institutions or facilities, State agencies, and units of local government.

(Source: P.A. 100-611, eff. 7-20-18.)

(20 ILCS 3921/10)

Sec. 10. Illinois Century Network. The Illinois Century Network shall be a service creating and maintaining high speed telecommunications networks that provide reliable communication links for wholesale connections with other registered or certified providers and the direct communication needs of various anchor institutions throughout Illinois. The Illinois Century Network may build on existing investments in networking anchor institutions schools, colleges, and universities, and shall avoid duplication of existing communication networks if those networks are capable of maintaining sufficient capacity to meet the requirements of anchor institutions.

By July 1, 2019, the Department of Innovation and Technology shall perform a comprehensive review of the Illinois Century Network including, but not limited to, assets, connections, hardware, and capacity of the current network. Nothing in this amendatory Act of the 100th General Assembly shall change contractual obligations of the Illinois Century Network that are effective on or before the effective date of this amendatory Act of the 100th General Assembly.

(Source: P.A. 100-611, eff. 7-20-18.)

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