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91_HB4270ham001
LRB9112135WHcsam
1 AMENDMENT TO HOUSE BILL 4270
2 AMENDMENT NO. . Amend House Bill 4270 by replacing
3 everything after the enacting clause with the following:
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.
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1 It is the purpose of this Act to establish educational and
2 economic development initiatives that will bridge the digital
3 divide, making possible a society in which all individuals
4 can benefit from the opportunities provided by the new
5 technologies.
6 ARTICLE 5. GRANT PROGRAMS
7 Section 5-5. Definitions; descriptions. As used in this
8 Article:
9 "Community-based organization" means a private
10 not-for-profit organization that is located in an Illinois
11 community and that provides services to citizens within that
12 community and the surrounding area.
13 "Community technology centers" provide computer access
14 and educational services using information technology.
15 Community technology centers are diverse in the populations
16 they serve and programs they offer, but similar in that they
17 provide technology access to individuals, communities, and
18 populations that typically would not otherwise have places to
19 use computer and telecommunications technologies.
20 "Department" means the Department of Commerce and
21 Community Affairs.
22 "National school lunch program" means a program
23 administered by the U.S. Department of Agriculture and state
24 agencies that provides free or reduced price lunches to
25 economically disadvantaged children. A child whose family
26 income is between 130% and 185% of applicable family size
27 income levels contained in the nonfarm poverty guidelines
28 prescribed by the Office of Management and Budget is eligible
29 for a reduced price lunch. A child whose family income is
30 130% or less of applicable family size income levels
31 contained in the nonfarm income poverty guidelines prescribed
32 by the Office of Management and Budget is eligible for a free
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1 lunch.
2 "Telecommunications services" provided by
3 telecommunications carriers include all commercially
4 available telecommunications services in addition to all
5 reasonable charges that are incurred by taking such services,
6 such as state and federal taxes.
7 "Other special services" provided by telecommunications
8 carriers include Internet access and installation and
9 maintenance of internal connections in addition to all
10 reasonable charges that are incurred by taking such services,
11 such as state and federal taxes.
12 Section 5-10. Digital Divide Bridge Grant Program.
13 (a) From funds appropriated for the purpose, the
14 Department shall administer the Digital Divide Bridge Grant
15 Program under which the Department shall make grants in
16 accordance with this Article to community-based organizations
17 for the purchase of telecommunications services, other
18 special services, computer equipment, software, and
19 maintenance for computer equipment and software, where the
20 purchases are directly related to educational and workforce
21 preparation programs.
22 (b) To be eligible to apply for a grant, a
23 community-based organization must serve a community in which
24 not less than 50% of the students are eligible for a free or
25 reduced price lunch under the national school lunch program
26 or not less than 40% of the students are eligible for a free
27 lunch program under the national school lunch program;
28 however, if funding is insufficient to approve all grant
29 applications for a particular fiscal year, the Department may
30 impose a higher minimum percentage threshold for that fiscal
31 year. Determinations of communities and determinations of the
32 percentage of students in a community who are eligible for a
33 free or reduced price lunch under the national school lunch
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1 program shall be in accordance with rules adopted by the
2 Department. The Department shall provide assistance to
3 community-based organizations in making those determinations
4 for purposes of applying for grants.
5 (c) Grant applications shall be submitted to the
6 Department not later than March 15 for the next fiscal year.
7 (d) A community-based organization may receive a grant
8 only if it supplies matching funds. The grant to a particular
9 community-based organization for a fiscal year shall be equal
10 to a percentage of the total amount of eligible expenditures
11 to be made by that community-based organization under this
12 Article during that fiscal year. That percentage shall be the
13 same as the percentage of students in the community served by
14 that community-based organization who are eligible for a free
15 or reduced price lunch under the national school lunch
16 program. The remainder of the expenditures shall be made by
17 that community-based organization using the matching funds
18 that it supplies. A community-based organization shall
19 specify in its grant application the total amount of eligible
20 expenditures proposed to be made by the community-based
21 organization in the next fiscal year, the amount of the grant
22 being sought, and the amount of matching funds that it
23 proposes to supply.
24 (e) The Department shall adopt rules setting forth the
25 required form and contents of grant applications.
26 Section 5-15. Resale; community-based organizations.
27 (a) Products and services purchased by community-based
28 organizations with grant funds may not be sold, resold, or
29 transferred in consideration of money or any other thing of
30 value except with the prior approval of the Department.
31 (b) This prohibition on resale shall not bar
32 community-based organizations from charging fees for
33 educational or workforce preparation courses. There is no
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1 prohibition on the resale of products or services that are
2 not purchased with grant funds.
3 Section 5-20. Auditing; records; community-based
4 organizations.
5 (a) Community-based organizations shall be required to
6 maintain for expenditures made under this Article any
7 procurement records required by the Department.
8 Community-based organizations shall produce those records at
9 the request of the Department, any auditor appointed by the
10 State, or any State officer or agency entitled to inspect the
11 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) From funds appropriated for the purpose, the
18 Department shall administer the Community Technology Center
19 Grant Program under which the Department shall make grants in
20 accordance with this Article for planning, establishment,
21 administration, and expansion of Community Technology
22 Centers. The purposes of the grants shall include, but not be
23 limited to, volunteer recruitment and management,
24 infrastructure, and related goods and services for Community
25 Technology Centers. The total amount of grants under this
26 Section in fiscal year 2001 shall not exceed $2,000,000. No
27 Community Technology Center may receive a grant of more than
28 $50,000 under this Section in a 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
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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 Department may impose a
13 higher 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 Department.
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 Department 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
27 Department not later than March 15 for the next fiscal year.
28 (d) The Department 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
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1 of value except with the prior approval of the Department.
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 Department. Community
12 Technology Centers shall produce those records at the request
13 of the Department, 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. From funds appropriated for the purpose, the
21 Department shall expend not more than $100,000 in fiscal year
22 2001 to establish and administer a Statewide Community
23 Technology Center Network to assist in local and regional
24 planning under this Article.
25 Section 5-105. Rules. The Department may adopt any rules
26 that are necessary and appropriate to carry out this Article.
27 ARTICLE 90. AMENDATORY PROVISIONS
28 Section 90-5. The School Code is amended by adding
29 Sections 2-3.131 and 2-3.122 as follows:
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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) The State Board of Education shall create a program,
9 to be known as the "Cdrives for Kids Program", to refurbish
10 and upgrade donated computers as high quality computers for
11 use by children in schools, park district programs, and
12 community centers. To implement and administer this program,
13 the State Board of Education shall do all of the following
14 within available appropriations allocated for this program:
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.
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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) The State Board of Education shall, to the
16 extent funds are available, 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. As used in this Section,
25 "national school lunch program" has the meaning ascribed to
26 that term in Article 5 of the Eliminate the Digital Divide
27 Act.
28 Section 90-10. The Public Community College Act is
29 amended by adding Section 2-20 as follows:
30 (110 ILCS 805/2-20 new)
31 Sec. 2-20. Pilot program; introductory course in
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1 computers and the Internet. The State Board shall, to the
2 extent funds are available, create and administer a pilot
3 program in 3 community colleges, one of which is located in a
4 municipality with a population exceeding 2,000,000; one of
5 which is located in a county that has a population of less
6 than 400,000, is not adjacent to a county with a population
7 more than 3,000,000, and serves an area containing at least
8 one municipality whose population exceeds 30,000; and one of
9 which is located in a county that has a population of less
10 than 400,000, is not adjacent to a county with a population
11 more than 3,000,000, and serves an area containing no
12 municipalities whose populations exceed 30,000. Under the
13 pilot program, an introductory course in computers and the
14 Internet shall be offered. Students who complete the course
15 shall be eligible to purchase computer hardware and software
16 at a discounted, affordable price. The State Board shall
17 adopt rules for the administration of the pilot program.
18 Section 90-105. The Higher Education Student Assistance
19 Act is amended by adding Section 35.5 as follows:
20 (110 ILCS 947/35.5 new)
21 Sec. 35.5. Computer assistance grant program.
22 (a) The Commission shall award grants to students under
23 a program to increase the availability of computers to
24 financially needy students through State assistance. A
25 student is eligible for a grant under this program if the
26 student is a recipient of a grant under Section 35 of this
27 Act. The Commission shall request annual appropriations for
28 this program. Grants under this program are contingent on
29 the availability of funds. The Commission may adopt any rules
30 necessary to implement and administer this program.
31 (b) This Section is repealed on July 1, 2002.
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1 ARTICLE 99. EFFECTIVE DATE
2 Section 99-1. Effective date. This Act takes effect
3 upon becoming law.".