Illinois General Assembly - Full Text of HB1582
Illinois General Assembly

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Full Text of HB1582  101st General Assembly




State of Illinois
2019 and 2020


Introduced , by Rep. Ann M. Williams


New Act

    Creates the Broadband Procurement and Disclosure Act. Provides that no State broadband purchaser may award any contract to an Internet service provider that includes broadband service unless the contract provides specified terms concerning access to and impairment of Internet services. Requires each Internet service provider to make available on its website a clear and conspicuous statement informing end users of the Internet service provider's network management practices and performance, including commercial terms offered to end users. Provides enforcement and damages provisions. Provides that nothing in the Act supersedes any obligation or authorization or limits the ability of an Internet service provider to address the needs of emergency communications or law enforcement, public safety, or national security authorities consistent with or as permitted by applicable law. Provides legislative findings. Defines terms.

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1    AN ACT concerning finance.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. Short title. This Act may be cited as the
5Broadband Procurement and Disclosure Act.
6    Section 5. Legislative findings. The General Assembly
7finds that the health, welfare, and prosperity of all Illinois
8citizens require that Illinois State agencies, public
9authorities, and municipalities are provided Internet access
10free from unreasonable discrimination or impairment of lawful
11network traffic and access to lawful content, applications, and
12services, in order to communicate with, and conduct business on
13behalf of, the people of Illinois. Because many Illinois
14government services and related information are available only
15via the Internet, throttling or paid prioritization could
16severely impair or limit the ability of many Illinois citizens,
17including the most vulnerable, to access such services and
18information. As a significant purchaser of broadband services,
19the State of Illinois has a responsibility to ensure the
20efficient procurement of all broadband services necessary to
21serve the public interest.
22    Accordingly, the General Assembly concludes that it is
23necessary for Illinois State broadband purchasers to contract



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1with Internet service providers that agree to
2nondiscriminatory broadband practices, and to ensure that all
3Internet service providers disclose commercial terms regarding
4network management practices so that Illinois consumers have
5the information needed to make informed choices.
6    Section 10. Definitions. As used in this Act:
7    "Broadband service" means a mass-market retail service by
8wire or radio that provides the capability to transmit data to
9and receive data from all or substantially all Internet
10endpoints in Illinois, including any capabilities that are
11incidental to and enable the operation of the communications
12service, but excluding dial-up Internet access service.
13"Broadband service" includes any service in Illinois that
14provides a functional equivalent of the service described
15herein or that is used to evade the protections set forth in
16this Act, and also includes the definition of "broadband
17service" provided under Section 21-201 of the Public Utilities
19    "Content, applications, and services" mean all traffic
20transmitted to or from end users of a broadband service within
21this State, including traffic that may not fit clearly into any
22of these categories.
23    "Commercial terms" mean information about payment for
24broadband service sufficient for consumers to make informed
25choices, including: (i) the full monthly service charge for



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1broadband service (excluding tax); (ii) additional fees, such
2as one-time fees, recurring fees, and surcharges incurred by
3end users to initiate, maintain, or discontinue broadband
4service; and (iii) limitations on broadband service, such as
5throttling, data caps, allowances, or other restrictions based
6on content or network traffic.
7    "Edge provider" means any individual or entity in Illinois
8that provides any content, application, or service over the
9Internet, and any individual or entity in this State that
10provides a device used for accessing any content, application,
11or service over the Internet.
12    "End user" includes a residential, business,
13institutional, or government entity in this State who uses
14broadband service for its own purposes and who does not resell
15such services to other entities or incorporate such services
16into retail Internet-access services. "End user" of a broadband
17connection does not include Internet service providers.
18    "Internet service provider" means any business that
19provides broadband service to an individual, corporation,
20government entity, or other customer in this State.
21    "State broadband purchaser" means any State entity, or
22person acting on behalf of the State, that purchases broadband
23service, including any of the following: all officers, boards,
24departments, commissions, agencies, institutions, authorities,
25universities, and bodies politic and corporate of the State,
26created by or in accordance with the Constitution or statute,



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1whether in the executive, legislative, or judicial branch of
2State government; and administrative units or corporate
3outgrowths of the State government which are created by or
4under statute.
5    Section 15. Broadband service purchasing in State
6contracts. Notwithstanding any other provision of law to the
7contrary, no State broadband purchaser may award any contract
8to an Internet service provider that includes broadband service
9unless the contract provides:
10        (1) that the Internet service provider shall not block
11    end users from accessing lawful content, applications,
12    services, or non-harmful devices, subject to reasonable
13    network management;
14        (2) that the Internet service provider shall not impair
15    or degrade lawful Internet traffic to end users on the
16    basis of content, applications, and services, or use of a
17    non-harmful device, subject to reasonable network
18    management; and
19        (3) that the Internet service provider, either in
20    exchange for monetary or other consideration from a third
21    party or to benefit an affiliated entity, shall not:
22            (i) manipulate broadband service to directly or
23        indirectly favor some Internet traffic to end users
24        over other traffic (including through use of
25        techniques such as traffic shaping, prioritization,



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1        resource reservation, or other forms preferential
2        traffic management);
3            (ii) unreasonably interfere with or unreasonably
4        disadvantage end users' ability to select, access, and
5        use broadband service for the lawful Internet content,
6        applications, services, or devices of their choice; or
7            (iii) unreasonably interfere with or unreasonably
8        disadvantage edge providers' ability to make lawful
9        content, applications, services, or devices available
10        to end users.
11    Section 20. Disclosure required. Each Internet service
12provider shall make available on its website a clear and
13conspicuous statement informing end users of the Internet
14service provider's network management practices and
15performance, including commercial terms offered to end users.
16    Section 25. Enforcement; damages. The Attorney General and
17appropriate State's Attorney may commence a civil action in the
18name of the People of the State of Illinois in any appropriate
19circuit court. The State shall receive an amount for reasonable
20expenses that the court finds to have been necessarily incurred
21by the Attorney General, including reasonable attorneys' fees
22and costs. All such expenses, fees, and costs shall be awarded
23against the defendant. The court may award amounts from the
24proceeds of an action or settlement that it considers



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1appropriate to any governmental entity or program that has been
2adversely affected by a defendant. The Attorney General, if
3necessary, shall direct the State Treasurer to make a
4disbursement of funds as provided in court orders or settlement
6    Section 30. Security. Nothing in this Act supersedes any
7obligation or authorization or limits the ability of an
8Internet service provider to address the needs of emergency
9communications or law enforcement, public safety, or national
10security authorities consistent with or as permitted by
11applicable law.