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91_SB1444ham004 LRB9110535RCpkam 1 AMENDMENT TO SENATE BILL 1444 2 AMENDMENT NO. . Amend Senate Bill 1444 on page 1, by 3 replacing lines 1 and 2 with the following: 4 "AN ACT to eliminate the digital divide."; and 5 on page 1, by replacing lines 5 and 6 with the following: 6 "ARTICLE 1. SHORT TITLE; FINDINGS; PURPOSES 7 Section 1-1. Short title. This Act may be cited as the 8 Eliminate the Digital Divide Act. 9 Section 1-5. Statement of legislative findings and 10 purposes. The General Assembly finds that the growth of high 11 technology industry, including computers, the Internet, and 12 advanced telecommunications, has created a division in 13 society. Those who are able to master the tools of the new 14 digital technology and have access to the technology have 15 benefited in the form of improved employment possibilities 16 and a higher standard of life. Those who are unfamiliar with 17 the new technologies, or do not have access to them, are 18 increasingly constrained to marginal employment and a 19 standard of living near the poverty level. This "digital 20 divide" parallels existing economic, racial, and gender -2- LRB9110535RCpkam 1 divisions in society, with the more privileged members of 2 society having much greater opportunity to benefit from the 3 new technologies than those who are less favorably situated. 4 It is the purpose of this Act to establish educational and 5 economic development initiatives that will bridge the digital 6 divide, making possible a society in which all individuals 7 can benefit from the opportunities provided by the new 8 technologies. 9 ARTICLE 5. GRANT PROGRAMS 10 Section 5-5. Definitions; descriptions. As used in this 11 Article: 12 "Board" means the Illinois Community College Board. 13 "Community-based organization" means a private 14 not-for-profit organization that is located in an Illinois 15 community and that provides services to citizens within that 16 community and the surrounding area. 17 "Community technology centers" provide computer access 18 and educational services using information technology. 19 Community technology centers are diverse in the populations 20 they serve and programs they offer, but similar in that they 21 provide technology access to individuals, communities, and 22 populations that typically would not otherwise have places to 23 use computer and telecommunications technologies. 24 "National school lunch program" means a program 25 administered by the U.S. Department of Agriculture and state 26 agencies that provides free or reduced price lunches to 27 economically disadvantaged children. A child whose family 28 income is between 130% and 185% of applicable family size 29 income levels contained in the nonfarm poverty guidelines 30 prescribed by the Office of Management and Budget is eligible 31 for a reduced price lunch. A child whose family income is 32 130% or less of applicable family size income levels -3- LRB9110535RCpkam 1 contained in the nonfarm income poverty guidelines prescribed 2 by the Office of Management and Budget is eligible for a free 3 lunch. 4 "Telecommunications services" provided by 5 telecommunications carriers include all commercially 6 available telecommunications services in addition to all 7 reasonable charges that are incurred by taking such services, 8 such as state and federal taxes. 9 "Other special services" provided by telecommunications 10 carriers include Internet access and installation and 11 maintenance of internal connections in addition to all 12 reasonable charges that are incurred by taking such services, 13 such as state and federal taxes. 14 Section 5-10. Digital Divide Bridge Grant Program. 15 (a) Subject to appropriation, the Board shall administer 16 the Digital Divide Bridge Grant Program under which the Board 17 shall make grants in accordance with this Article to 18 community-based organizations for the purchase of 19 telecommunications services, other special services, computer 20 equipment, software, and maintenance for computer equipment 21 and software, where the purchases are directly related to 22 educational and workforce preparation programs. 23 (b) To be eligible to apply for a grant, a 24 community-based organization must serve a community in which 25 not less than 50% of the students are eligible for a free or 26 reduced price lunch under the national school lunch program 27 or not less than 40% of the students are eligible for a free 28 lunch under the national school lunch program; however, if 29 funding is insufficient to approve all grant applications for 30 a particular fiscal year, the Board may impose a higher 31 minimum percentage threshold for that fiscal year. 32 Determinations of communities and determinations of the 33 percentage of students in a community who are eligible for a -4- LRB9110535RCpkam 1 free or reduced price lunch under the national school lunch 2 program shall be in accordance with rules adopted by the 3 Board. The Board shall provide assistance to community-based 4 organizations in making those determinations for purposes of 5 applying for grants. 6 (c) Grant applications shall be submitted to the Board 7 not later than March 15 for the next fiscal year. 8 (d) A community-based organization may receive a grant 9 only if it supplies matching funds. The grant to a particular 10 community-based organization for a fiscal year shall be equal 11 to a percentage of the total amount of eligible expenditures 12 to be made by that community-based organization under this 13 Article during that fiscal year. That percentage shall be the 14 same as the percentage of students in the community served by 15 that community-based organization who are eligible for a free 16 or reduced price lunch under the national school lunch 17 program. The remainder of the expenditures shall be made by 18 that community-based organization using the matching funds 19 that it supplies. A community-based organization shall 20 specify in its grant application the total amount of eligible 21 expenditures proposed to be made by the community-based 22 organization in the next fiscal year, the amount of the grant 23 being sought, and the amount of matching funds that it 24 proposes to supply. 25 (e) The Board shall adopt rules setting forth the 26 required form and contents of grant applications. 27 Section 5-15. Resale; community-based organizations. 28 (a) Products and services purchased by community-based 29 organizations with grant funds may not be sold, resold, or 30 transferred in consideration of money or any other thing of 31 value except with the prior approval of the Board. 32 (b) This prohibition on resale shall not bar 33 community-based organizations from charging fees for -5- LRB9110535RCpkam 1 educational or workforce preparation courses. There is no 2 prohibition on the resale of products or services that are 3 not purchased with grant funds. 4 Section 5-20. Auditing; records; community-based 5 organizations. 6 (a) Community-based organizations shall be required to 7 maintain for expenditures made under this Article any 8 procurement records required by the Board. Community-based 9 organizations shall produce those records at the request of 10 the Board, any auditor appointed by the State, or any State 11 officer or agency entitled to inspect the records. 12 (b) Community-based organizations shall be subject to 13 random compliance audits to evaluate what products and 14 services they are purchasing and how the products and 15 services are being used. 16 Section 5-30. Community Technology Center Grant Program. 17 (a) Subject to appropriation, the Board shall administer 18 the Community Technology Center Grant Program under which the 19 Board shall make grants in accordance with this Article for 20 planning, establishment, administration, and expansion of 21 Community Technology Centers. The purposes of the grants 22 shall include, but not be limited to, volunteer recruitment 23 and management, infrastructure, and related goods and 24 services for Community Technology Centers. The total amount 25 of grants under this Section in fiscal year 2001 shall not 26 exceed $2,000,000. No Community Technology Center may receive 27 a grant of more than $50,000 under this Section in a 28 particular fiscal year. 29 (b) State educational agencies, local educational 30 agencies, institutions of higher education, and other public 31 and private nonprofit or for-profit agencies and 32 organizations are eligible to receive grants under this -6- LRB9110535RCpkam 1 Program. A group of eligible entities is also eligible to 2 receive a grant if the group follows the procedures for group 3 applications in 34 CFR 75.127-129 of the Education Department 4 General Administrative Regulations. 5 To be eligible to apply for a grant, a Community 6 Technology Center must serve a community in which not less 7 than 50% of the students are eligible for a free or reduced 8 price lunch under the national school lunch program or in 9 which not less than 40% of the students are eligible for a 10 free lunch under the national school lunch program; however, 11 if funding is insufficient to approve all grant applications 12 for a particular fiscal year, the Board may impose a higher 13 minimum percentage threshold for that fiscal year. 14 Determinations of communities and determinations of the 15 percentage of students in a community who are eligible for a 16 free or reduced price lunch under the national school lunch 17 program shall be in accordance with rules adopted by the 18 Board. 19 Any entities that have received a Community Technology 20 Center grant under the federal Community Technology Centers 21 Program are also eligible to apply for grants under this 22 Program. 23 The Board shall provide assistance to Community 24 Technology Centers in making those determinations for 25 purposes of applying for grants. 26 (c) Grant applications shall be submitted to the Board 27 not later than March 15 for the next fiscal year. 28 (d) The Board shall adopt rules setting forth the 29 required form and contents of grant applications. 30 Section 5-35. Resale; Community Technology Centers. 31 (a) Products and services purchased by Community 32 Technology Centers with grant funds may not be sold, resold, 33 or transferred in consideration of money or any other thing -7- LRB9110535RCpkam 1 of value except with the prior approval of the Board. 2 (b) This prohibition on resale shall not bar Community 3 Technology Centers from charging fees for education or 4 workforce preparation courses. There is no prohibition on the 5 resale of products or services that are not purchased with 6 grant funds. 7 Section 5-40. Auditing; records; Community Technology 8 Centers. 9 (a) Community Technology Centers shall be required to 10 maintain for expenditures made under this Article any 11 procurement records required by the Board. Community 12 Technology Centers shall produce those records at the request 13 of the Board, any auditor appointed by the State, or any 14 State officer or agency entitled to inspect the records. 15 (b) Community Technology Centers shall be subject to 16 random compliance audits to evaluate what products and 17 services they are purchasing and how the products and 18 services are being used. 19 Section 5-45. Statewide Community Technology Center 20 Network. Subject to appropriation, the Board shall expend not 21 more than $100,000 in fiscal year 2001 to establish and 22 administer a Statewide Community Technology Center Network to 23 assist in local and regional planning under this Article. 24 Section 5-105. Rules. The Board may adopt any rules that 25 are necessary and appropriate to carry out this Article. 26 ARTICLE 90. AMENDATORY PROVISIONS 27 Section 90-5. The School Code is amended by adding 28 Sections 2-3.131 and 2-3.132 as follows: -8- LRB9110535RCpkam 1 (105 ILCS 5/2-3.131 new) 2 Sec. 2-3.131. Computers for children program. 3 (a) The General Assembly finds that future jobs will 4 require computer skills, and the State of Illinois should 5 assist in providing schools, park district programs, and 6 community centers with the computer equipment necessary to 7 assure technological literacy and a better trained workforce. 8 (b) Subject to appropriation, the State Board of 9 Education shall create a program, to be known as the "Cdrives 10 for Kids Program", to refurbish and upgrade donated computers 11 as high quality computers for use by children in schools, 12 park district programs, and community centers. To implement 13 and administer this program, the State Board of Education 14 shall do all of the following: 15 (1) Establish and annually revise the minimum 16 standards for computers that will be accepted by the 17 program and the minimum specifications for the 18 refurbishment of donated computers as high quality 19 computers that will be able to access online educational 20 resources and perform multi-media functions. 21 (2) Contract with one or more not-for-profit 22 organizations to handle arrangements for marketing, 23 receipt, storage, and delivery of donated and refurbished 24 computers to designated sites. 25 (3) Contract with any schools, community colleges, 26 universities, or not-for-profit organizations to 27 refurbish donated computers pursuant to this program, 28 provided that security measures are instituted to remove 29 confidential information from donated computers prior to 30 access by any unauthorized persons. 31 (4) Allocate high quality computers after they are 32 refurbished, based on an application process, to schools, 33 park district programs, and community centers, as defined 34 by the State Board of Education, at no or a low cost. -9- LRB9110535RCpkam 1 (c) The State Board of Education may utilize funds 2 appropriated by the General Assembly and any other private 3 funding available for this program for the purchase of 4 computer supplies and parts; the purchase of computer 5 software; reasonable costs associated with marketing, 6 receipt, storage, and delivery of donated and refurbished 7 computers; and reasonable administrative expenses incurred by 8 the State Board of Education and organizations contracting 9 with the State Board of Education pursuant to subsection (b) 10 of this Section. 11 (d) The State Board of Education may adopt any rules 12 necessary to implement and administer this program. 13 (105 ILCS 5/2-3.132 new) 14 Sec. 2-3.132. E-training/technology program. 15 (a) Subject to appropriation, the State Board of 16 Education shall create and administer an 17 e-training/technology program to train elementary and high 18 school teachers in eligible school districts, as defined in 19 subsection (b), using 2 courses, Introduction to Computers 20 and Introduction to the Internet. 21 (b) As used in this Section, "eligible school district" 22 means a school district in which not less than 50% of the 23 students are eligible for a free or reduced price lunch under 24 the national school lunch program or not less than 40% of the 25 students are eligible for a free lunch under the national 26 school lunch program. As used in this Section, "national 27 school lunch program" has the meaning ascribed to that term 28 in Article 5 of the Eliminate the Digital Divide Act. 29 Section 90-10. The Public Community College Act is 30 amended by adding Section 2-20 as follows: 31 (110 ILCS 805/2-20 new) -10- LRB9110535RCpkam 1 Sec. 2-20. Pilot program; introductory course in 2 computers and the Internet. Subject to appropriation, the 3 State Board shall create and administer a pilot program in 3 4 community colleges, one of which is located in a municipality 5 with a population exceeding 2,000,000; one of which is 6 located in a county that has a population of less than 7 400,000, is not adjacent to a county with a population more 8 than 3,000,000, and serves an area containing at least one 9 municipality whose population exceeds 30,000; and one of 10 which is located in a county that has a population of less 11 than 400,000, is not adjacent to a county with a population 12 more than 3,000,000, and serves an area containing no 13 municipalities whose populations exceed 30,000. Under the 14 pilot program, an introductory course in computers and the 15 Internet shall be offered. Students who complete the course 16 shall be eligible to purchase computer hardware and software 17 at a discounted, affordable price. The State Board shall 18 adopt rules for the administration of the pilot program. 19 Section 90-105. The Higher Education Student Assistance 20 Act is amended by adding Sections 35.5 and 65.57 as follows: 21 (110 ILCS 947/35.5 new) 22 Sec. 35.5. Computer assistance grant program. 23 (a) Subject to appropriation, the Commission shall award 24 grants to students under a program to increase the 25 availability of computers to financially needy students 26 through State assistance. A student is eligible for a grant 27 under this program if the student is a recipient of a grant 28 under Section 35 of this Act. The Commission shall request 29 annual appropriations for this program. The Commission may 30 adopt any rules necessary to implement and administer this 31 program. 32 (b) This Section is repealed on July 1, 2002."; and -11- LRB9110535RCpkam 1 on page 3, by replacing lines 12 and 13 with the following: 2 "ARTICLE 99. EFFECTIVE DATE 3 Section 99-1. Effective date. This Act takes effect 4 upon becoming law, except that the provisions adding Section 5 65.57 to the Higher Education Student Assistance Act take 6 effect on July 1, 2000.".