SB2517sam003 93RD GENERAL ASSEMBLY

Sen. John J. Cullerton

Filed: 3/5/2004

09300SB2517sam003 LRB093 17930 JAM 48534 a

AMENDMENT TO SENATE BILL 2517

AMENDMENT NO. ______. Amend Senate Bill 2517 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Accessible Electronic Information Act.

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.

(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.

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 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.

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.

Section 20. Accessible Electronic Information Service Fund.

(a) In order to support the program described in Section 15, the Illinois Commerce Commission shall enter into an agreement with the Director for the purpose of recovering the cost by using the rate recovery mechanism established by the Commission pursuant to Section 13-703(c) of the Public Utilities Act.

(b) The Illinois Commerce Commission, in consultation with the Director, shall annually determine the amount to be recovered based on the amount of funding necessary to support the program described in Section 15.

(c) The Illinois Commerce Commission shall determine the percentage of the cost recovery rate established under Section 13-703(c) of the Public Utilities Act needed annually to support the program described in Section 15, and each local exchange telecommunications company shall remit to the Director an amount to be computed based on the percentage required, less any amount allowed for administration. The amounts remitted shall be deposited 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.

Section 90. The State Finance Act is amended by adding Section 5.625 as follows:

(30 ILCS 105/5.625 new)

Sec. 5.625. The Accessible Electronic Information Service Fund.

Section 95. The Public Utilities Act is amended by adding Section 13-703.1 as follows:

(220 ILCS 5/13-703.1 new)

Sec. 13-703.1. Distribution of accessible information; Illinois State Library.

(a) For the purposes of this Section:

"Distribution of accessible information" means rapid dissemination of digitized text content, including newspapers, prepared for reproduction in synthetic speech or braille formats provided to persons eligible for service in the State Library's Talking Book Program.

"Qualified entity" means a nonprofit organization that (i) produces digitized text editions of daily newspapers, available for interstate distribution in synthetic speech or braille format, using high-speed computer and telecommunications technology, (ii) obtains electronic news text through direct transfer arrangements made with participating news organizations and does not replicate their electronic editions that are otherwise available on the Internet, and (iii) provides a means of program administration and reader registration on the Internet.

(b) The Illinois Telecommunications Access Corporation, or any other entity designated by the Illinois Commerce Commission to implement a program under Section 13-703 of this Act for the purposes of allowing those with hearing disabilities to use effective telecommunications equipment, shall enter into an agreement with the State Library providing for an annual payment in an amount equal to the cost incurred for the distribution of accessible information. Under the agreement, the State Library shall obtain the service through a qualified entity and provide blind and other persons eligible for its talking book program with access to digitized text editions of daily newspapers and other context of timely value.

(c) The State Library shall, in consultation with the qualified entity, specify equipment that may be used by eligible persons who, due to hearing loss, are unable to use effectively standard telecommunications equipment to access the content in the synthetic speech format otherwise provided, and the Illinois Telecommunications Access Corporation or any subsequent designee of the Illinois Commerce Commission shall acquire such equipment for such individuals under terms similar to those required of individuals to whom the Illinois Telecommunications Access Corporation provides TTY equipment.

Section 99. Effective date. This Act takes effect upon becoming law.".