State of Illinois
92nd General Assembly

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 1        AN ACT concerning technology.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 1.  Short title. This Act may  be  cited  as  the
 5    State Agency Web Site Act.

 6        Section 5.  Definitions. In this Act:
 7        "State agencies" has the meaning ascribed to that term in
 8    Section 1-7 of the Illinois State Auditing Act.
 9        "State agency web site" means a web site connected to the
10    Internet  that  is  owned,  operated,  or  funded  by a State
11    agency.
12        "Home page" means the initial page of, or entry point to,
13    a web site.
14        "Privacy policy" means a description of a State  agency's
15    information  practices  with regard to at least the following
16    matters: the services the site provides; the information  the
17    agency  obtains  from  individuals online; whether the agency
18    obtains  the  information  directly  or  indirectly  and   an
19    explanation   of  any  indirect  means  used  to  obtain  the
20    information;  whether  an  individual's  provision   of   the
21    requested  data is optional or required; a person's option to
22    choose to proceed with the transaction and  any  alternatives
23    available;  how  the agency uses the information; whether and
24    under what circumstances the agency  discloses  the  obtained
25    information  to  other  entities  or  persons;  whether other
26    entities or persons are collecting  information  through  the
27    site;  and  a general description of the security measures in
28    place to protect a person's information without  compromising
29    the integrity of the security measures.

30        Section 10.  State agency privacy policies.
                            -2-                LRB9214909WHcs
 1        (a)  Each  State agency shall include a privacy policy on
 2    the agency's web site. Conspicuous hyperlinks to the  privacy
 3    policy  shall  be  located on the web site's home page and on
 4    other locations on the web site where personal information is
 5    collected or tracking technology is used.
 6        (b)  A State agency may not gather data from users on the
 7    agency's web site unless it demonstrates a compelling need to
 8    do so. The compelling need, if any, shall  be  identified  as
 9    such and stated as part of the privacy policy.

10        Section  905.  The State Finance Act is amended by adding
11    Section 5.570 as follows:

12        (30 ILCS 105/5.570 new)
13        Sec. 5.570.  The Digital Divide Computer Fund.

14        Section 910. The Eliminate  the  Digital  Divide  Law  is
15    amended  by changing Section 5-5 and adding Sections 5-50 and
16    5-55 as follows:

17        (30 ILCS 780/5-5)
18        Sec. 5-5. Definitions; descriptions.   As  used  in  this
19    Article:
20        "Board"  means  the  Eliminate  the  Digital Divide Board
21    created in this Law.
22        "Community-based   organization"    means    a    private
23    not-for-profit  organization  that  is located in an Illinois
24    community and that provides services to citizens within  that
25    community and the surrounding area.
26        "Community  technology  centers"  provide computer access
27    and  educational  services  using   information   technology.
28    Community  technology  centers are diverse in the populations
29    they serve and programs they offer, but similar in that  they
30    provide  technology  access  to individuals, communities, and
                            -3-                LRB9214909WHcs
 1    populations that typically would not otherwise have places to
 2    use computer and telecommunications technologies.
 3        "Department"  means  the  Department  of   Commerce   and
 4    Community Affairs.
 5        "National   school   lunch   program"   means  a  program
 6    administered by the U.S. Department of Agriculture and  state
 7    agencies  that  provides  free  or  reduced  price lunches to
 8    economically disadvantaged children.  A  child  whose  family
 9    income  is  between  130%  and 185% of applicable family size
10    income levels contained in  the  nonfarm  poverty  guidelines
11    prescribed by the Office of Management and Budget is eligible
12    for  a  reduced  price  lunch. A child whose family income is
13    130%  or  less  of  applicable  family  size  income   levels
14    contained in the nonfarm income poverty guidelines prescribed
15    by the Office of Management and Budget is eligible for a free
16    lunch.
17        "Telecommunications       services"      provided      by
18    telecommunications   carriers   include   all    commercially
19    available  telecommunications  services  in  addition  to all
20    reasonable charges that are incurred by taking such services,
21    such as state and federal taxes.
22        "Other special services" provided  by  telecommunications
23    carriers   include   Internet  access  and  installation  and
24    maintenance  of  internal  connections  in  addition  to  all
25    reasonable charges that are incurred by taking such services,
26    such as state and federal taxes.
27    (Source: P.A. 91-704, eff. 7-1-00.)

28        (30 ILCS 780/5-50 new)
29        Sec. 5-50.  Provision of computers.
30        (a)  Subject  to  appropriation,  the  Department   shall
31    establish   and  administer  a  program  to  provide  100,000
32    computers to persons throughout the State. To be eligible for
33    a computer, a person (i) must  reside  in  a  household  that
                            -4-                LRB9214909WHcs
 1    includes  a  student  who is eligible to receive a free lunch
 2    under the national school lunch program and  (ii)  must  lack
 3    the  computer  skills  that  the grants awarded under Section
 4    5-30  are  designed  to  facilitate.  The  Department   shall
 5    establish additional eligibility criteria it deems necessary.
 6        (b)  The  Digital  Divide  Computer  Fund is created as a
 7    special fund within the  State  treasury.  The  Fund  may  be
 8    appropriated   only   for   the  provision  of  computers  in
 9    accordance with subsection (a). The Fund  may  accept  moneys
10    from any source, including public and private entities.
11        (c)  The  Department of Central Management Services shall
12    create  and  maintain  a  website  at  which  recipients   of
13    computers  under  this  Section  may  train  in  the  use  of
14    computers.
15        (d)  The  Department shall track the progress of computer
16    recipients in the development of computer skills. Three years
17    after the effective date of this amendatory Act of  the  92nd
18    General  Assembly, the Department shall report to the General
19    Assembly and the Governor  upon  its  activities  under  this
20    Section  and  its  assessment  of the development of computer
21    skills by computer recipients.
22        (e)  The Department shall adopt rules necessary  for  the
23    implementation of this Section.

24        (30 ILCS 780/5-55 new)
25        Sec. 5-55. Eliminate the Digital Divide Board.
26        (a)  The  Eliminate  the  Digital Divide Board is created
27    within the Department of Commerce and Community Affairs.  The
28    Board  consists  of  10  members appointed by the Governor to
29    serve at the Governor's pleasure. At least 3 members  of  the
30    Board  must  be  from the private sector and not employees or
31    officials of any government entity.
32        (b)  The Governor shall designate  one  Board  member  to
33    serve  as  chairman.  The Board shall meet at the call of the
                            -5-                LRB9214909WHcs
 1    chairman,  as  frequently  as  necessary  to  carry  out  its
 2    functions. Board members shall receive  no  compensation  but
 3    shall   be   reimbursed   for   their   expenses  from  funds
 4    appropriated  to  the  Department  for  that   purpose.   The
 5    Department  shall  provide the Board with necessary staff and
 6    technical assistance.
 7        (c)  The Board has the following duties:
 8             (1)  To    oversee    the     implementation     and
 9        administration  of  this  Law  and  the  programs created
10        pursuant to this Law.
11             (2)  To assist the Department of Central  Management
12        Services in the creation of the Internet training website
13        required under Section 5-50.
14             (3)  To  report  annually  to  the  Governor and the
15        General  Assembly  upon  its  activities  and   oversight
16        findings.

17        Section  999.   Effective  date.  This  Section  and  the
18    provisions  amending  the State Finance Act and the Eliminate
19    the Digital Divide Law take effect upon becoming law.

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