Bill Text: IL SB3629 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Amends the High Speed Internet Services and Information Technology Act. Provides that the Department of Commerce and Economic Opportunity shall make grants to private businesses, units of local government, nonprofit organizations, or any combination of those entities for the construction of infrastructure to provide broadband connections to underserved areas. Provides that the grants shall be awarded on a competitive basis after considering certain specified factors. Repeals a Section of the Act concerning the duties of the enlisted nonprofit organization.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2019-01-09 - Session Sine Die [SB3629 Detail]

Download: Illinois-2017-SB3629-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 SB3629 Introduced 11/7/2018, by Sen. Wm. Sam McCann SYNOPSIS AS INTRODUCED:
20 ILCS 661/5
20 ILCS 661/10
20 ILCS 661/17 new
20 ILCS 661/25
20 ILCS 661/15 rep.
20 ILCS 661/20 rep.
Amends the High Speed Internet Services and Information Technology Act. Provides that the Department of Commerce and Economic Opportunity shall make grants to private businesses, units of local government, nonprofit organizations, or any combination of those entities for the construction of infrastructure to provide broadband connections to underserved areas. Provides that the grants shall be awarded on a competitive basis after considering certain specified factors. Repeals a Section of the Act concerning the duties of the enlisted nonprofit organization.
LRB100 23216 HLH 42224 b
FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning revenue.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The High Speed Internet Services and Information
Technology Act is amended by changing Sections 5, 10, and 25
and by adding Section 17 as follows:
(20 ILCS 661/5)
Sec. 5. Findings. With respect to high speed Internet
services and information technology, the General Assembly
finds the following:
(1) The deployment and adoption of high speed Internet
services and information technology has resulted in
enhanced economic development and public safety for the
State's communities, improved health care and educational
opportunities, and a better quality of life for the State's
residents.
(2) Continued progress in the deployment and adoption
of high speed Internet services and information technology
is vital to ensuring that this State remains competitive
and continues to create business and job growth.
(3) The State must encourage and support the
partnership of the public and private sectors in the
continued growth of high speed Internet and information

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technology for the State's residents and businesses.
(4) Local governmental entities play a role in
assessing the needs of their communities with respect to
high speed Internet services and information technology.
(5) There is a growing need to provide high speed
Internet services and information technology to homes and
businesses in rural and underserved areas.
(6) Guaranteeing an equitable deployment and adoption
of high speed Internet services and information technology
throughout the State is a public necessity.
(Source: P.A. 95-684, eff. 10-19-07.)
(20 ILCS 661/10)
Sec. 10. Definitions Nonprofit organization defined. In
this Act:
"Applicant" means a private business, unit of local
government, or nonprofit organization that applies for the
grant under this Act.
"Broadband connection" has the same meaning as defined in
Section 13-407 in the Public Utilities Act.
"Department" means the Department of Commerce and Economic
Opportunity.
"Nonprofit organization" means an organization that (i) is
a nonprofit organization as described in Section 501(c)(3) of
the federal Internal Revenue Code of 1986 and exempt from tax
under Section 501(a) of that Code; (ii) has no part of the net

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earnings of which inures to the benefit of any member, founder,
contributor, or individual; (iii) is organized under, subject
to, and has all the powers and duties of a not-for-profit
corporation under the General Not For Profit Corporation Act of
1986; (iv) has statewide representation; and (v) has a board of
directors that is not composed of a majority of individuals who
are also employed by, or otherwise associated with, any
federal, State, or local government or agency.
"Private business" means any corporation, business trust,
partnership, or association.
"Underserved area" has the same meaning as defined in
Section 13-407 in the Public Utilities Act.
"Department" means the Department of Commerce and Economic
Opportunity.
(Source: P.A. 95-684, eff. 10-19-07.)
(20 ILCS 661/17 new)
Sec. 17. Award of grants.
(a) Subject to appropriation, the Department shall make
grants to private businesses, units of local government,
nonprofit organizations, or any combination of those entities
for the construction of infrastructure to provide broadband
connections to underserved areas. The Department shall award
grants on a competitive basis after considering the following:
(1) the relative need for high speed Internet service
and other relevant broadband service infrastructure and

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existing service needs;
(2) the percentage of homes, farms, schools, and
businesses in an underserved area that will be provided
access to high speed Internet service and other relevant
broadband service;
(3) the geographic diversity of the project areas of
all applicants;
(4) the economic impact of the project to the area;
(5) the applicant's total proposed budget for any
project under this Act, including the amount or percentage
of local match, if any;
(6) evidence demonstrating that the eligible applicant
has the financial, technical, and managerial resources
necessary to complete the project and to provide ongoing
maintenance and upgrades to the broadband infrastructure,
including established competency and a proven record of
working with public and private sectors to accomplish
wide-scale deployment of broadband and information
technology in Illinois;
(7) a business plan demonstrating that the broadband
service to be provided will be sustainable after the grant
award is exhausted; and
(8) if the applicant is a unit of local government,
evidence that, not later than 6 weeks before submission of
the application, the applicant contacted in writing all
Internet service providers providing Internet service in

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the proposed project area to ask for each Internet service
provider's plan to provide, within 24 months of the date
that contact is made, broadband connection in the project
area. The unit of local government must also provide
evidence of any responses from Internet service providers
for information sought under this paragraph (8).
(b) Grants awarded pursuant to this Section shall not
exceed 15% of the project cost.
(c) The Department shall provide public notice regarding
the application process and receipt of funding.
(d) Funding awards shall be based on appropriations of
funds or receipt of other funds to support this Act. If
possible, he Department shall use moneys in the fund to
leverage available federal moneys.
(e) Moneys appropriated for the purpose of making grants
under this Section that remain unencumbered or unobligated at
the close of the fiscal year shall not revert but shall remain
available for expenditure for the purposes designated until the
close of the succeeding fiscal year.
(f) As used in this Section, "construction" means
acquisition, installation, or both, of broadband
infrastructure, including, but not limited to: obtaining
construction permits; construction of facilities; purchasing
equipment; and installation and testing of the broadband
connection service.
(g) The Department shall adopt rules regarding the awarding

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of grants to applicants under this Act, including, but not
limited to, the grant program process, management, and
measurements as deemed necessary by the Department.
(20 ILCS 661/25)
Sec. 25. Scope of authority. Nothing in this Act shall be
construed as giving the Department of Commerce and Economic
Opportunity, the nonprofit organization, or other entities any
additional authority, regulatory or otherwise, over providers
of telecommunications, broadband, and information technology.
However, the Department shall have the authority to require
Facilities-based Providers of Broadband Connections to End
User Locations to provide information pursuant to subsection
(c) of Section 20. Upon request, any and all information
collected pursuant to subsection (c) of Section 20 that is
provided to the enlisted nonprofit organization shall be
provided to the Department, provided the Department enters into
the proprietary and confidentiality agreements governing such
information.
(Source: P.A. 95-684, eff. 10-19-07; 96-927, eff. 6-15-10.)
(20 ILCS 661/15 rep.)
(20 ILCS 661/20 rep.)
Section 10. The High Speed Internet Services and
Information Technology Act is amended by repealing Sections 15
and 20.