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Public Act 093-0797
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| SB2517 Enrolled |
LRB093 17930 JAM 43613 b |
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AN ACT concerning accessible electronic information.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the |
Accessible Electronic Information Act.
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Section 5. Legislative findings. The Legislature finds and |
declares all of the following: |
(a) Thousands of citizens in this State have disabilities |
(including blindness or visual impairment) that prevent them |
from using conventional print material. |
(b) The State fulfills an important responsibility by |
providing books and magazines prepared in Braille, audio, and |
large-type formats made available to eligible blind and |
disabled persons. |
(c) The technology, transcription methods, and means of |
distribution used for these materials are labor-intensive and |
cannot support rapid dissemination to individuals in rural and |
urban areas throughout the State.
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(d) Lack of direct and prompt access to information |
included in newspapers, magazines, newsletters, schedules, |
announcements, and other time-sensitive materials limits |
educational opportunities, literacy, and full participation in |
society by blind and disabled persons.
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Section 10. Definitions. As used in this Act: |
"Accessible electronic information service" means news and |
other timely information (including newspapers) provided to |
eligible individuals from a multi-state service center, using |
high-speed computers and telecommunications technology for |
interstate acquisition of content and rapid distribution in a |
form appropriate for use by such individuals. |
"Blind and disabled persons" means those individuals who |
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are eligible for library loan services through the Library of |
Congress and the State Library for the Blind and Physically |
Handicapped pursuant to 36 CFR 701.10(b). |
"Director" means the State Librarian. |
"Qualified entity" means an agency, instrumentality, or |
political subdivision of the State or a nonprofit organization |
that: |
(1) provides interstate access for eligible persons to |
read daily newspapers by producing audio editions by |
computer; and |
(2) provides a means of program administration and |
reader registration on the Internet.
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Section 15. Accessible electronic information service |
program. The Director by rule shall develop and implement a |
program of grants to qualified entities for the provision of |
accessible electronic information service to blind and |
disabled persons throughout Illinois. The grants shall be |
funded through appropriations from the Accessible Electronic |
Information Service Fund established in Section 20.
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Section 20. Accessible Electronic Information Service |
Fund. |
(a) Before July 1 of each year, the Illinois Commerce |
Commission, in consultation with the Director, shall determine |
the amount of funding necessary to support the program |
described in Section 15 during the next fiscal year and shall |
certify that amount to the State Treasurer. |
(b) Each month, the State Treasurer shall transfer 1/12th |
of the amount determined under subsection (a) from the Digital |
Divide Elimination Infrastructure Fund into the Accessible |
Electronic Information Service Fund, a special fund created in |
the State treasury that may be appropriated only for the |
purposes of this Act. If moneys in the Digital Divide |
Elimination Infrastructure Fund are insufficient to meet the |
transfer requirements of this subsection, the Illinois |
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Commerce Commission shall direct the Illinois |
Telecommunications Access Corporation, or its successor, to |
remit the amount of any insufficiency to the Director for |
deposit into the Accessible Electronic Information Service |
Fund from surcharges collected by the Corporation, or its |
successor, under Section 13-703 of the Public Utilities Act.
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Section 90. The State Finance Act is amended by adding |
Section
5.625 as follows:
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(30 ILCS 105/5.625 new)
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Sec. 5.625. The Accessible Electronic Information Service |
Fund.
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Section 95. The Public Utilities Act is amended by changing |
Section 13-301.3 as follows:
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(220 ILCS 5/13-301.3)
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(Section scheduled to be repealed on July 1, 2005)
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Sec. 13-301.3. Digital Divide Elimination Infrastructure |
Program.
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(a) The Digital Divide Elimination Infrastructure Fund is |
created as a
special
fund in the State treasury. All moneys in |
the Fund shall be used, subject to
appropriation, by the |
Commission to fund (i) the construction of facilities
specified |
in
Commission rules adopted under this Section and (ii) the |
accessible electronic information program, as provided in |
Section 20 of the Accessible Electronic Information Act. The |
Commission may accept private
and
public funds, including |
federal funds, for deposit into the Fund. Earnings
attributable |
to
moneys in the Fund shall be deposited into the Fund.
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(b) The Commission shall adopt rules under which it will |
make grants out of
funds appropriated from the Digital Divide |
Elimination Infrastructure Fund to
eligible
entities as |
specified in the rules for the construction of high-speed data
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transmission
facilities in eligible areas
of the State. For |
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purposes of determining whether an area is an eligible
area, |
the Commission shall consider, among other things, whether (i) |
in such
area, advanced telecommunications services, as defined |
in subsection (c) of
Section 13-517 of this Act, are |
under-provided to residential or small business
end users, |
either directly or indirectly through an Internet Service |
Provider,
(ii) such area has a low population density, and |
(iii) such area has not yet
developed a competitive market for |
advanced services. In addition, if an
entity seeking a grant of |
funds from the Digital Divide Elimination
Infrastructure Fund |
is an incumbent local exchange carrier having the duty to
serve
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such area, and the obligation to provide advanced services to |
such area
pursuant to
Section 13-517 of this Act, the entity |
shall demonstrate that it has sought
and obtained an exemption |
from such
obligation
pursuant to subsection (b) of Section |
13-517. Any entity seeking a grant of
funds from the Digital |
Divide Elimination Infrastructure Fund shall demonstrate
to |
the Commission that the grant shall be used for the |
construction of
high-speed data transmission facilities in an |
eligible area and demonstrate
that it satisfies all other |
requirements of the Commission's rules. The
Commission shall |
determine the information that it deems necessary to award
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grants pursuant to this Section.
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(c) The rules of the Commission shall provide for the |
competitive selection
of
recipients of grant funds available |
from the Digital Divide Elimination
Infrastructure Fund
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pursuant to the Illinois Procurement Code. Grants shall be |
awarded to bidders
chosen
on the basis of the criteria |
established in such rules.
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(d) All entities awarded grant moneys under this Section |
shall maintain all
records required by Commission rule for the |
period of time specified in the
rules. Such
records shall be |
subject to audit by the Commission, by any auditor appointed
by |
the
State, or by any State officer authorized to conduct |
audits.
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(Source: P.A. 92-22, eff. 6-30-01; 93-306, eff. 7-23-03.)
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