Public Act 095-0740
 		





HB0314 Enrolled
LRB095 04839 HLH 24900 b






    AN ACT concerning State government.

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

 
    Section 5. The Eliminate the Digital Divide Law is amended  
by changing Sections 5-5 and 5-30 as follows:
 



    (30 ILCS 780/5-5)



    Sec. 5-5. Definitions; descriptions. As used in this 
Article:

    "Community-based organization" means
a private 
not-for-profit organization that is located in an Illinois 
community
and that provides services to citizens within that 
community and the
surrounding area.

    "Senior citizen home" means an Illinois-based residential 
facility for people who are over the age of 65.  The term 
"senior citizen home"  includes, but is not limited to, 
convalescent homes, long-term care facilities, assistive 
living facilities,  and nursing homes.

    "Community technology centers" provide computer access and 
educational
services
using information technology.  Community 
technology centers are diverse in the
populations they serve 
and programs they offer, but similar in that they
provide 
technology access to individuals, communities, and populations 
that
typically would not otherwise have places to use computer 
and
telecommunications technologies.

    "Department" means the Department of Commerce and Economic 
Opportunity.

    "National school lunch
program" means a program 
administered by the U.S. Department of
Agriculture and state 
agencies that provides free or reduced price
lunches to 
economically disadvantaged children. A child whose family

income is between 130% and 185% of applicable family size

income levels contained in the nonfarm poverty guidelines 
prescribed by
the Office of Management and Budget is eligible 
for a reduced price
lunch. A child whose family income is 130% 
or less of applicable
family size income levels contained in 
the nonfarm income poverty
guidelines prescribed by the Office 
of Management and Budget is eligible
for a free lunch.

    "Telecommunications services" provided by 
telecommunications carriers
include all commercially
available 
telecommunications services in addition to all reasonable

charges that are incurred by taking such services, such as 
state and
federal taxes.

    "Other special services" provided by telecommunications 
carriers
include Internet access and
installation and 
maintenance of internal connections in addition to all

reasonable charges that are incurred by taking such services, 
such as
state and federal taxes.

(Source: P.A. 94-793, eff. 5-19-06.)

 



    (30 ILCS 780/5-30)


    Sec. 5-30. Community Technology Center Grant Program. 

    (a) Subject to appropriation, the Department shall 
administer
the Community Technology Center Grant Program under 
which the
Department shall make grants in accordance with this 
Article
for planning, establishment, administration, and 
expansion
of Community Technology Centers and for assisting 
public hospitals,
libraries, and park districts in eliminating 
the digital divide. The purposes
of the grants shall include, 
but
not be limited to, volunteer recruitment and management, 
training and
instruction, infrastructure, and
related goods 
and services, including case management, administration, 
personal information management, and outcome-tracking tools 
and software for the purposes of reporting to the Department 
and for enabling participation in digital government and 
consumer services programs, for Community Technology Centers 
and public
hospitals, libraries, and park districts.
No 
Community Technology Center may receive a grant of more than 
$75,000 under
this Section in a particular fiscal year.

    (b) Public hospitals, libraries, park districts, and State 
educational
agencies, local educational
agencies, institutions 
of higher education, senior citizen homes, and other public and

private nonprofit or for-profit agencies and organizations are 
eligible
to receive grants under this Program, provided that a 
local educational
agency or public or private educational

agency or organization must, in order to be eligible to receive 
grants under
this Program, provide computer access and 
educational services using
information technology to the 
public at one or more of its educational
buildings or 
facilities at least 12 hours each week. A group of eligible

entities is
also eligible to receive a grant if the group 
follows the procedures
for group applications in 34 CFR 
75.127-129 of the Education Department General
Administrative 
Regulations.

    To be eligible to apply for a grant, a Community
Technology 
Center, public hospital, library, or park district must serve a

community in which not less than 40%
of the
 students are 
eligible  for a free or reduced price lunch under the national

school lunch program or in which not less than 30% of the 
students
are eligible
for a free lunch under the national 
school lunch program; however, if funding
is insufficient to 
approve all grant applications for a particular fiscal year,

the Department may impose a higher minimum percentage threshold 
for that fiscal
year. Determinations of communities and 
determinations of the percentage of
students in a community who 
are eligible for a free or reduced price lunch
under the 
national school lunch program shall be in accordance with rules

adopted by the Department.

    Any entities that have received a Community
Technology 
Center grant under the federal Community Technology Centers 
Program
are also eligible to apply for grants under this 
Program.

    The Department shall
provide assistance to Community 
Technology Centers in  making those
determinations for purposes 
of applying for grants.

    The Department shall encourage Community Technology 
Centers to participate in public and private computer hardware 
equipment recycling initiatives that provide computers at 
reduced or no cost to low-income families, including programs 
authorized by the State Property Control Act.  On an annual 
basis, the Department must provide the Director of Central 
Management Services with a list of Community Technology Centers 
that have applied to the Department for funding as potential 
recipients of surplus State-owned computer hardware equipment 
under programs authorized by the State Property Control Act.

    (c) Grant applications  shall be submitted to the Department 
on a schedule of one or more deadlines established by the 
Department by rule.

    (d) The Department shall adopt rules setting forth the 
required form
and contents of grant applications.

    (e) There is created
the Digital Divide Elimination 
Advisory Committee.  The advisory committee
shall consist of 7


members appointed one each by the Governor, the President of

the Senate, the Senate Minority Leader, the Speaker of the 
House, and the House
Minority Leader, and 2 appointed by the 
Director of Commerce and Economic Opportunity, one of whom 
shall be a representative of the telecommunications industry 
and one of whom shall represent community technology centers.  
The members of the advisory committee shall receive no

compensation for their services as members of the advisory 
committee but may be
reimbursed for their actual expenses 
incurred in serving on the advisory
committee.  The Digital 
Divide Elimination Advisory Committee shall advise the

Department in establishing criteria and priorities for 
identifying recipients
of
grants under this Act.  The advisory 
committee shall obtain advice from the
technology industry 
regarding current technological standards.  The advisory

committee shall seek any available federal funding.

    (f)  There is created the Digital Divide Elimination Working 
Group.  The Working Group shall consist of the Director of 
Commerce and Economic Opportunity, or his or her designee, the 
Director of Central Management Services, or his or her 
designee, and the Executive Director of the Illinois Commerce 
Commission, or his or her designee.  The Director of Commerce 
and Economic Opportunity, or his or her designee, shall serve 
as chair of the Working Group. The Working Group shall consult 
with the members of the Digital Divide Elimination Advisory 
Committee and may consult with various groups including, but 
not limited to, telecommunications providers, 
telecommunications-related technology producers and service 
providers, community technology providers, community and 
consumer organizations, businesses and business organizations, 
and federal government agencies.

    (g) Duties of the Digital Divide Elimination Working Group 
include all of the following:
        (1) Undertaking a thorough review of grant programs 
    available through the federal government, local agencies, 
    telecommunications providers, and business and charitable 
    entities for the purpose of identifying appropriate 
    sources of revenues for the Digital Divide Elimination Fund 
    and attempting to update available grants on a regular 
    basis.
        (2) Researching and cataloging programs designed to 
    advance digital literacy and computer access that are 
    available through the federal government, local agencies, 
    telecommunications providers, and business and charitable 
    entities and attempting to update available programs on a 
    regular basis.
        (3) Presenting the information compiled from items (1) 
    and (2) to the Department of Commerce and Economic 
    Opportunity, which shall serve as a single point of contact 
    for applying for funding for the Digital Divide Elimination 
    Fund and for distributing information to the public 
    regarding all programs designed to advance digital 
    literacy and computer access.

(Source: P.A. 94-734, eff. 4-28-06.)