Sen. John J. Cullerton

Filed: 3/22/2004

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2517

2     AMENDMENT NO. ______. Amend Senate Bill 2517 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 1. Short title. This Act may be cited as the
5 Accessible Electronic Information Act.
 
6     Section 5. Legislative findings. The Legislature finds and
7 declares all of the following:
8     (a) Thousands of citizens in this State have disabilities
9 (including blindness or visual impairment) that prevent them
10 from using conventional print material.
11     (b) The State fulfills an important responsibility by
12 providing books and magazines prepared in Braille, audio, and
13 large-type formats made available to eligible blind and
14 disabled persons.
15     (c) The technology, transcription methods, and means of
16 distribution used for these materials are labor-intensive and
17 cannot support rapid dissemination to individuals in rural and
18 urban areas throughout the State.
19     (d) Lack of direct and prompt access to information
20 included in newspapers, magazines, newsletters, schedules,
21 announcements, and other time-sensitive materials limits
22 educational opportunities, literacy, and full participation in
23 society by blind and disabled persons.
 

 

 

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1     Section 10. Definitions. As used in this Act:
2     "Accessible electronic information service" means news and
3 other timely information (including newspapers) provided to
4 eligible individuals from a multi-state service center, using
5 high-speed computers and telecommunications technology for
6 interstate acquisition of content and rapid distribution in a
7 form appropriate for use by such individuals.
8     "Blind and disabled persons" means those individuals who
9 are eligible for library loan services through the Library of
10 Congress and the State Library for the Blind and Physically
11 Handicapped pursuant to 36 CFR 701.10(b).
12     "Director" means the State Librarian.
13     "Qualified entity" means an agency, instrumentality, or
14 political subdivision of the State or a nonprofit organization
15 that:
16         (1) provides interstate access for eligible persons to
17 read daily newspapers by producing audio editions by
18 computer; and
19         (2) provides a means of program administration and
20 reader registration on the Internet.
 
21
22     Section 15. Accessible electronic information service
23 program. The Director by rule shall develop and implement a
24 program of grants to qualified entities for the provision of
25 accessible electronic information service to blind and
26 disabled persons throughout Illinois. The grants shall be
27 funded through appropriations from the Accessible Electronic
28 Information Service Fund established in Section 20.
 
29     Section 20. Accessible Electronic Information Service
30 Fund.
31     (a) Before July 1 of each year, the Illinois Commerce
32 Commission, in consultation with the Director, shall determine

 

 

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1 the amount of funding necessary to support the program
2 described in Section 15 during the next fiscal year and shall
3 certify that amount to the State Treasurer.
4     (b) Each month, the State Treasurer shall transfer 1/12th
5 of the amount determined under subsection (a) from the Digital
6 Divide Elimination Infrastructure Fund into the Accessible
7 Electronic Information Service Fund, a special fund created in
8 the State treasury that may be appropriated only for the
9 purposes of this Act. If moneys in the Digital Divide
10 Elimination Infrastructure Fund are insufficient to meet the
11 transfer requirements of this subsection, the Illinois
12 Commerce Commission shall direct the Illinois
13 Telecommunications Access Corporation, or its successor, to
14 remit the amount of any insufficiency to the Director for
15 deposit into the Accessible Electronic Information Service
16 Fund from surcharges collected by the Corporation, or its
17 successor, under Section 13-703 of the Public Utilities Act.
 
18     Section 90. The State Finance Act is amended by adding
19 Section 5.625 as follows:
 
20     (30 ILCS 105/5.625 new)
21     Sec. 5.625. The Accessible Electronic Information Service
22 Fund.
 
23     Section 95. The Public Utilities Act is amended by changing
24 Section 13-301.3 as follows:
 
25     (220 ILCS 5/13-301.3)
26     (Section scheduled to be repealed on July 1, 2005)
27     Sec. 13-301.3. Digital Divide Elimination Infrastructure
28 Program.
29     (a) The Digital Divide Elimination Infrastructure Fund is
30 created as a special fund in the State treasury. All moneys in

 

 

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1 the Fund shall be used, subject to appropriation, by the
2 Commission to fund (i) the construction of facilities specified
3 in Commission rules adopted under this Section and (ii) the
4 accessible electronic information program, as provided in
5 Section 20 of the Accessible Electronic Information Act. The
6 Commission may accept private and public funds, including
7 federal funds, for deposit into the Fund. Earnings attributable
8 to moneys in the Fund shall be deposited into the Fund.
9     (b) The Commission shall adopt rules under which it will
10 make grants out of funds appropriated from the Digital Divide
11 Elimination Infrastructure Fund to eligible entities as
12 specified in the rules for the construction of high-speed data
13 transmission facilities in eligible areas of the State. For
14 purposes of determining whether an area is an eligible area,
15 the Commission shall consider, among other things, whether (i)
16 in such area, advanced telecommunications services, as defined
17 in subsection (c) of Section 13-517 of this Act, are
18 under-provided to residential or small business end users,
19 either directly or indirectly through an Internet Service
20 Provider, (ii) such area has a low population density, and
21 (iii) such area has not yet developed a competitive market for
22 advanced services. In addition, if an entity seeking a grant of
23 funds from the Digital Divide Elimination Infrastructure Fund
24 is an incumbent local exchange carrier having the duty to serve
25 such area, and the obligation to provide advanced services to
26 such area pursuant to Section 13-517 of this Act, the entity
27 shall demonstrate that it has sought and obtained an exemption
28 from such obligation pursuant to subsection (b) of Section
29 13-517. Any entity seeking a grant of funds from the Digital
30 Divide Elimination Infrastructure Fund shall demonstrate to
31 the Commission that the grant shall be used for the
32 construction of high-speed data transmission facilities in an
33 eligible area and demonstrate that it satisfies all other
34 requirements of the Commission's rules. The Commission shall

 

 

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1 determine the information that it deems necessary to award
2 grants pursuant to this Section.
3     (c) The rules of the Commission shall provide for the
4 competitive selection of recipients of grant funds available
5 from the Digital Divide Elimination Infrastructure Fund
6 pursuant to the Illinois Procurement Code. Grants shall be
7 awarded to bidders chosen on the basis of the criteria
8 established in such rules.
9     (d) All entities awarded grant moneys under this Section
10 shall maintain all records required by Commission rule for the
11 period of time specified in the rules. Such records shall be
12 subject to audit by the Commission, by any auditor appointed by
13 the State, or by any State officer authorized to conduct
14 audits.
15 (Source: P.A. 92-22, eff. 6-30-01; 93-306, eff. 7-23-03.)
 
16     Section 99. Effective date. This Act takes effect upon
17 becoming law.".