SB3612sam001 104TH GENERAL ASSEMBLY

Sen. Rachel Ventura

Filed: 3/6/2026

10400SB3612sam001 LRB104 20000 AAS 35275 a

AMENDMENT TO SENATE BILL 3612

AMENDMENT NO. ______. Amend Senate Bill 3612 by replacing everything after the enacting clause with the following:

"Section 5. The Public Utilities Act is amended by adding Sections 4-620, 4-625, 4-630, and 4-635 as follows:

(220 ILCS 5/4-620 new)

Sec. 4-620. Low-income high-speed broadband service rates.

(a) No later than 90 days after the effective date of this amendatory Act of the 104th General Assembly, broadband providers shall offer high-speed broadband service to a low-income customer whose (1) household is eligible for free or reduced-priced lunch through the National School Lunch Program; or (2) annual gross household income is no greater than 185% of the poverty guidelines updated periodically in the Federal Register by the U.S. Department of Health and Human Services under the authority of 42 U.S.C. 9902(2).

(b) Broadband providers shall ensure that the high-speed broadband service offered pursuant to this Section provides a minimum download speed that is equal to 25 megabits per second or the download speed of the broadband provider's existing low-income broadband service that is sold to customers in this State, whichever is greater.

(c) High-speed broadband service for low-income customers offered pursuant to this Section shall be provided at a cost of no more than $15 per month, including any recurring taxes and fees, such as recurring rental fees for broadband provider equipment that is required to obtain broadband service and usage fees. Broadband providers shall allow low-income broadband service customers to purchase standalone or bundled cable and phone services separately.

(d) Broadband providers may, once every 5 years, after 30 days' notice to its customers and the Commission, increase the price of the high-speed broadband service offered pursuant to this Section by the most recent change in the Consumer Price Index or a maximum of 2% per year of the price for such broadband service, whichever is lesser.

(e) A broadband service provider who offers high-speed broadband service to eligible low-income customers at a download speed of 200 megabits per second or greater and at a cost of no more than $20 per month, including any recurring taxes and fees, such as recurring rental fees for broadband provider equipment that is required to obtain broadband service and usage fees, complies with the requirements of this Section.

(220 ILCS 5/4-625 new)

Sec. 4-625. Commission oversight of the provision of low-income high-speed broadband service.

(a) The Commission may adopt rules to require broadband providers to develop and offer low-income high-speed broadband service rates under Section 4-620. The Commission may also adopt rules to allow for the provision of lower-speed broadband service where a high download speed is not reasonably practicable.

(b) The Commission may adopt rules and implement procedures necessary for the general supervision of broadband providers offering low-income high-speed broadband service rates. The Commission shall inquire into the management of the broadband providers' businesses to the extent necessary to verify that the broadband providers are satisfying the obligations of subsection (a) of Section 4-620. The Commission shall monitor the adequacy and speed of the high-speed broadband service provided by broadband providers under Section 4-620.

(c) The Commission shall adopt any rules and implement any procedures necessary to enforce the provisions of this Section.

(220 ILCS 5/4-630 new)

Sec. 4-630. Responsibilities of broadband providers.

(a) Each person, business, and corporation and each agent of such person, business, and corporation that provides or seeks to provide broadband service in this State shall make commercially reasonable efforts to promote and advertise the availability of high-speed broadband service for low-income customers, including, but not limited to, the prominent display of and enrollment procedures for such service on its website and in any written and commercial promotional materials developed by the broadband provider to inform customers who may be eligible for such service.

(b) Each person, business, and corporation and each agent of such person, business, and corporation that provides or seeks to provide high-speed broadband service in this State pursuant to Section 4-620 shall submit to the Commission, no later than 6 months after the effective date of this amendatory act of the 104th General Assembly and annually thereafter, a compliance report that contains the following:

(1) a description of the broadband service offered;

(2) the number of customers enrolled in the broadband service;

(3) a description of the procedures being used to verify the eligibility of customers receiving the broadband service;

(4) a description and samples of the advertising or marketing efforts undertaken to advertise or promote the broadband service;

(5) a description of all retail rates, including pricing, offered by each person, business, and corporation and each agent of such person, business, and corporation;

(6) a description, including speed and price, of all broadband products offered in this State by each person, business, and corporation and each agent of such person, business, and corporation; and

(7) any other information the Commission may require pursuant to Section 4-625.

(220 ILCS 5/4-635 new)

Sec. 4-635. Program benchmarks.

(a) The Commission shall, within 2 years after the effective date of this amendatory Act of the 104th General Assembly and at least every 5 years thereafter, undertake a proceeding to determine if the minimum download speed for broadband service under Section 4-620 should be increased to the Federal Communications Commission's benchmark broadband download speed or to another minimum broadband download speed if the Federal Communications Commission has not yet increased its benchmark at the time of the proceeding.

(b) The Commission shall undertake appropriate measures to inform the public about available broadband products, including retail rate product offerings and low-income rate product offerings.

(c) The Commission shall periodically, but no less than once every 5 years, review eligibility requirements for the low-income broadband service required under Section 4-620 and update the requirements as necessary to meet the needs of customers.

(d) The Attorney General may, in the name of the People of the State of Illinois and upon notice to the defendant of no less than 5 days before application, apply to any circuit court for an injunction to enjoin and restrain a violation of this Section, Section 4-620, or Section 4-630. If the circuit court is satisfied that the defendant has violated this Section, Section 4-620, or Section 4-630, the circuit court may issue an injunction enjoining and restraining any further violations, without requiring proof that any person has been injured or damaged by the violation. In any such proceeding, the Attorney General may request restitution. If the circuit court determines that a violation of this Section, Section 4-620, or Section 4-630 has occurred, the circuit court may impose a civil penalty of no more than $1,000 per violation. For any action under this Section, the procedures and rules of evidence shall comply with the Code of Civil Procedure and any applicable rules.

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