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91_HB4270eng HB4270 Engrossed LRB9112135WHcs 1 AN ACT to eliminate the digital divide. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 ARTICLE 1. SHORT TITLE; FINDINGS; PURPOSES 5 Section 1-1. Short title. This Act may be cited as the 6 Eliminate the Digital Divide Act. 7 Section 1-5. Statement of legislative findings and 8 purposes. The General Assembly finds that the growth of high 9 technology industry, including computers, the Internet, and 10 advanced telecommunications, has created a division in 11 society. Those who are able to master the tools of the new 12 digital technology and have access to the technology have 13 benefited in the form of improved employment possibilities 14 and a higher standard of life. Those who are unfamiliar with 15 the new technologies, or do not have access to them, are 16 increasingly constrained to marginal employment and a 17 standard of living near the poverty level. This "digital 18 divide" parallels existing economic, racial, and gender 19 divisions in society, with the more privileged members of 20 society having much greater opportunity to benefit from the 21 new technologies than those who are less favorably situated. 22 It is the purpose of this Act to establish educational and 23 economic development initiatives that will bridge the digital 24 divide, making possible a society in which all individuals 25 can benefit from the opportunities provided by the new 26 technologies. 27 ARTICLE 5. GRANT PROGRAMS 28 Section 5-5. Definitions; descriptions. As used in this HB4270 Engrossed -2- LRB9112135WHcs 1 Article: 2 "Community-based organization" means a private 3 not-for-profit organization that is located in an Illinois 4 community and that provides services to citizens within that 5 community and the surrounding area. 6 "Community technology centers" provide computer access 7 and educational services using information technology. 8 Community technology centers are diverse in the populations 9 they serve and programs they offer, but similar in that they 10 provide technology access to individuals, communities, and 11 populations that typically would not otherwise have places to 12 use computer and telecommunications technologies. 13 "Department" means the Department of Commerce and 14 Community Affairs. 15 "National school lunch program" means a program 16 administered by the U.S. Department of Agriculture and state 17 agencies that provides free or reduced price lunches to 18 economically disadvantaged children. A child whose family 19 income is between 130% and 185% of applicable family size 20 income levels contained in the nonfarm poverty guidelines 21 prescribed by the Office of Management and Budget is eligible 22 for a reduced price lunch. A child whose family income is 23 130% or less of applicable family size income levels 24 contained in the nonfarm income poverty guidelines prescribed 25 by the Office of Management and Budget is eligible for a free 26 lunch. 27 "Telecommunications services" provided by 28 telecommunications carriers include all commercially 29 available telecommunications services in addition to all 30 reasonable charges that are incurred by taking such services, 31 such as state and federal taxes. 32 "Other special services" provided by telecommunications 33 carriers include Internet access and installation and 34 maintenance of internal connections in addition to all HB4270 Engrossed -3- LRB9112135WHcs 1 reasonable charges that are incurred by taking such services, 2 such as state and federal taxes. 3 Section 5-10. Digital Divide Bridge Grant Program. 4 (a) From funds appropriated for the purpose, the 5 Department shall administer the Digital Divide Bridge Grant 6 Program under which the Department shall make grants in 7 accordance with this Article to community-based organizations 8 for the purchase of telecommunications services, other 9 special services, computer equipment, software, and 10 maintenance for computer equipment and software, where the 11 purchases are directly related to educational and workforce 12 preparation programs. 13 (b) To be eligible to apply for a grant, a 14 community-based organization must serve a community in which 15 not less than 50% of the students are eligible for a free or 16 reduced price lunch under the national school lunch program 17 or not less than 40% of the students are eligible for a free 18 lunch program under the national school lunch program; 19 however, if funding is insufficient to approve all grant 20 applications for a particular fiscal year, the Department may 21 impose a higher minimum percentage threshold for that fiscal 22 year. Determinations of communities and determinations of the 23 percentage of students in a community who are eligible for a 24 free or reduced price lunch under the national school lunch 25 program shall be in accordance with rules adopted by the 26 Department. The Department shall provide assistance to 27 community-based organizations in making those determinations 28 for purposes of applying for grants. 29 (c) Grant applications shall be submitted to the 30 Department not later than March 15 for the next fiscal year. 31 (d) A community-based organization may receive a grant 32 only if it supplies matching funds. The grant to a particular 33 community-based organization for a fiscal year shall be equal HB4270 Engrossed -4- LRB9112135WHcs 1 to a percentage of the total amount of eligible expenditures 2 to be made by that community-based organization under this 3 Article during that fiscal year. That percentage shall be the 4 same as the percentage of students in the community served by 5 that community-based organization who are eligible for a free 6 or reduced price lunch under the national school lunch 7 program. The remainder of the expenditures shall be made by 8 that community-based organization using the matching funds 9 that it supplies. A community-based organization shall 10 specify in its grant application the total amount of eligible 11 expenditures proposed to be made by the community-based 12 organization in the next fiscal year, the amount of the grant 13 being sought, and the amount of matching funds that it 14 proposes to supply. 15 (e) The Department shall adopt rules setting forth the 16 required form and contents of grant applications. 17 Section 5-15. Resale; community-based organizations. 18 (a) Products and services purchased by community-based 19 organizations with grant funds may not be sold, resold, or 20 transferred in consideration of money or any other thing of 21 value except with the prior approval of the Department. 22 (b) This prohibition on resale shall not bar 23 community-based organizations from charging fees for 24 educational or workforce preparation courses. There is no 25 prohibition on the resale of products or services that are 26 not purchased with grant funds. 27 Section 5-20. Auditing; records; community-based 28 organizations. 29 (a) Community-based organizations shall be required to 30 maintain for expenditures made under this Article any 31 procurement records required by the Department. 32 Community-based organizations shall produce those records at HB4270 Engrossed -5- LRB9112135WHcs 1 the request of the Department, any auditor appointed by the 2 State, or any State officer or agency entitled to inspect the 3 records. 4 (b) Community-based organizations shall be subject to 5 random compliance audits to evaluate what products and 6 services they are purchasing and how the products and 7 services are being used. 8 Section 5-30. Community Technology Center Grant Program. 9 (a) From funds appropriated for the purpose, the 10 Department shall administer the Community Technology Center 11 Grant Program under which the Department shall make grants in 12 accordance with this Article for planning, establishment, 13 administration, and expansion of Community Technology 14 Centers. The purposes of the grants shall include, but not be 15 limited to, volunteer recruitment and management, 16 infrastructure, and related goods and services for Community 17 Technology Centers. The total amount of grants under this 18 Section in fiscal year 2001 shall not exceed $2,000,000. No 19 Community Technology Center may receive a grant of more than 20 $50,000 under this Section in a particular fiscal year. 21 (b) State educational agencies, local educational 22 agencies, institutions of higher education, and other public 23 and private nonprofit or for-profit agencies and 24 organizations are eligible to receive grants under this 25 Program. A group of eligible entities is also eligible to 26 receive a grant if the group follows the procedures for group 27 applications in 34 CFR 75.127-129 of the Education Department 28 General Administrative Regulations. 29 To be eligible to apply for a grant, a Community 30 Technology Center must serve a community in which not less 31 than 50% of the students are eligible for a free or reduced 32 price lunch under the national school lunch program or in 33 which not less than 40% of the students are eligible for a HB4270 Engrossed -6- LRB9112135WHcs 1 free lunch under the national school lunch program; however, 2 if funding is insufficient to approve all grant applications 3 for a particular fiscal year, the Department may impose a 4 higher minimum percentage threshold for that fiscal year. 5 Determinations of communities and determinations of the 6 percentage of students in a community who are eligible for a 7 free or reduced price lunch under the national school lunch 8 program shall be in accordance with rules adopted by the 9 Department. 10 Any entities that have received a Community Technology 11 Center grant under the federal Community Technology Centers 12 Program are also eligible to apply for grants under this 13 Program. 14 The Department shall provide assistance to Community 15 Technology Centers in making those determinations for 16 purposes of applying for grants. 17 (c) Grant applications shall be submitted to the 18 Department not later than March 15 for the next fiscal year. 19 (d) The Department shall adopt rules setting forth the 20 required form and contents of grant applications. 21 Section 5-35. Resale; Community Technology Centers. 22 (a) Products and services purchased by Community 23 Technology Centers with grant funds may not be sold, resold, 24 or transferred in consideration of money or any other thing 25 of value except with the prior approval of the Department. 26 (b) This prohibition on resale shall not bar Community 27 Technology Centers from charging fees for education or 28 workforce preparation courses. There is no prohibition on the 29 resale of products or services that are not purchased with 30 grant funds. 31 Section 5-40. Auditing; records; Community Technology 32 Centers. HB4270 Engrossed -7- LRB9112135WHcs 1 (a) Community Technology Centers shall be required to 2 maintain for expenditures made under this Article any 3 procurement records required by the Department. Community 4 Technology Centers shall produce those records at the request 5 of the Department, any auditor appointed by the State, or any 6 State officer or agency entitled to inspect the records. 7 (b) Community Technology Centers shall be subject to 8 random compliance audits to evaluate what products and 9 services they are purchasing and how the products and 10 services are being used. 11 Section 5-45. Statewide Community Technology Center 12 Network. From funds appropriated for the purpose, the 13 Department shall expend not more than $100,000 in fiscal year 14 2001 to establish and administer a Statewide Community 15 Technology Center Network to assist in local and regional 16 planning under this Article. 17 Section 5-105. Rules. The Department may adopt any rules 18 that are necessary and appropriate to carry out this Article. 19 ARTICLE 90. AMENDATORY PROVISIONS 20 Section 90-5. The School Code is amended by adding 21 Sections 2-3.131 and 2-3.122 as follows: 22 (105 ILCS 5/2-3.131 new) 23 Sec. 2-3.131. Computers for children program. 24 (a) The General Assembly finds that future jobs will 25 require computer skills, and the State of Illinois should 26 assist in providing schools, park district programs, and 27 community centers with the computer equipment necessary to 28 assure technological literacy and a better trained workforce. 29 (b) The State Board of Education shall create a program, HB4270 Engrossed -8- LRB9112135WHcs 1 to be known as the "Cdrives for Kids Program", to refurbish 2 and upgrade donated computers as high quality computers for 3 use by children in schools, park district programs, and 4 community centers. To implement and administer this program, 5 the State Board of Education shall do all of the following 6 within available appropriations allocated for this program: 7 (1) Establish and annually revise the minimum 8 standards for computers that will be accepted by the 9 program and the minimum specifications for the 10 refurbishment of donated computers as high quality 11 computers that will be able to access online educational 12 resources and perform multi-media functions. 13 (2) Contract with one or more not-for-profit 14 organizations to handle arrangements for marketing, 15 receipt, storage, and delivery of donated and refurbished 16 computers to designated sites. 17 (3) Contract with any schools, community colleges, 18 universities, or not-for-profit organizations to 19 refurbish donated computers pursuant to this program, 20 provided that security measures are instituted to remove 21 confidential information from donated computers prior to 22 access by any unauthorized persons. 23 (4) Allocate high quality computers after they are 24 refurbished, based on an application process, to schools, 25 park district programs, and community centers, as defined 26 by the State Board of Education, at no or a low cost. 27 (c) The State Board of Education may utilize funds 28 appropriated by the General Assembly and any other private 29 funding available for this program for the purchase of 30 computer supplies and parts; the purchase of computer 31 software; reasonable costs associated with marketing, 32 receipt, storage, and delivery of donated and refurbished 33 computers; and reasonable administrative expenses incurred by 34 the State Board of Education and organizations contracting HB4270 Engrossed -9- LRB9112135WHcs 1 with the State Board of Education pursuant to subsection (b) 2 of this Section. 3 (d) The State Board of Education may adopt any rules 4 necessary to implement and administer this program. 5 (105 ILCS 5/2-3.132 new) 6 Sec. 2-3.132. E-training/technology program. 7 (a) The State Board of Education shall, to the 8 extent funds are available, create and administer an 9 e-training/technology program to train elementary and high 10 school teachers in eligible school districts, as defined in 11 subsection (b), using 2 courses, Introduction to Computers 12 and Introduction to the Internet. 13 (b) As used in this Section, "eligible school district" 14 means a school district in which not less than 50% of the 15 students are eligible for a free or reduced price lunch under 16 the national school lunch program. As used in this Section, 17 "national school lunch program" has the meaning ascribed to 18 that term in Article 5 of the Eliminate the Digital Divide 19 Act. 20 Section 90-10. The Public Community College Act is 21 amended by adding Section 2-20 as follows: 22 (110 ILCS 805/2-20 new) 23 Sec. 2-20. Pilot program; introductory course in 24 computers and the Internet. The State Board shall, to the 25 extent funds are available, create and administer a pilot 26 program in 3 community colleges, one of which is located in a 27 municipality with a population exceeding 2,000,000; one of 28 which is located in a county that has a population of less 29 than 400,000, is not adjacent to a county with a population 30 more than 3,000,000, and serves an area containing at least 31 one municipality whose population exceeds 30,000; and one of HB4270 Engrossed -10- LRB9112135WHcs 1 which is located in a county that has a population of less 2 than 400,000, is not adjacent to a county with a population 3 more than 3,000,000, and serves an area containing no 4 municipalities whose populations exceed 30,000. Under the 5 pilot program, an introductory course in computers and the 6 Internet shall be offered. Students who complete the course 7 shall be eligible to purchase computer hardware and software 8 at a discounted, affordable price. The State Board shall 9 adopt rules for the administration of the pilot program. 10 Section 90-105. The Higher Education Student Assistance 11 Act is amended by adding Section 35.5 as follows: 12 (110 ILCS 947/35.5 new) 13 Sec. 35.5. Computer assistance grant program. 14 (a) The Commission shall award grants to students under 15 a program to increase the availability of computers to 16 financially needy students through State assistance. A 17 student is eligible for a grant under this program if the 18 student is a recipient of a grant under Section 35 of this 19 Act. The Commission shall request annual appropriations for 20 this program. Grants under this program are contingent on 21 the availability of funds. The Commission may adopt any rules 22 necessary to implement and administer this program. 23 (b) This Section is repealed on July 1, 2002. 24 ARTICLE 99. EFFECTIVE DATE 25 Section 99-1. Effective date. This Act takes effect 26 upon becoming law.