Full Text of HB5752 100th General Assembly
HB5752ham002 100TH GENERAL ASSEMBLY | Rep. Natalie Phelps Finnie Filed: 4/17/2018
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| 1 | | AMENDMENT TO HOUSE BILL 5752
| 2 | | AMENDMENT NO. ______. Amend House Bill 5752 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Broadband Advisory Council Act. | 6 | | Section 5. Legislative findings and purpose. The General
| 7 | | Assembly finds as follows: | 8 | | (1) a goal of the State of Illinois is to make | 9 | | available to its citizens affordable, reliable, and | 10 | | state-of-the-art Internet communications through the | 11 | | expansion, extension, and general availability of | 12 | | broadband services and technology, and to encourage the | 13 | | adoption of broadband by all citizens; | 14 | | (2) that, although broadband access has been extended
| 15 | | to many areas of the State, many rural areas remain
| 16 | | unserved and, although many neighborhoods in urban and
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| 1 | | suburban areas have broadband options, some urban
| 2 | | neighborhoods remain unserved; | 3 | | (3) that fair and equitable access to 21st century
| 4 | | technology is essential to (A) maximize the functionality
| 5 | | of educational resources and educational facilities that
| 6 | | enable our children and adults to receive the best of
| 7 | | future teaching and learning, (B) civic engagement, (C)
| 8 | | economic development,(D) access to state-of-the-art
health | 9 | | care, (E) aging in place, (F) participation in a
global | 10 | | economy, and (G) the State's farming communities;
and | 11 | | (4) accordingly, it is the purpose of the General | 12 | | Assembly to provide for the development of policies to | 13 | | promote (A) extending broadband access to citizens of | 14 | | Illinois and (B) eliminating barriers to widespread | 15 | | adoption of broadband Internet access.
| 16 | | Section 10. Definitions. As used in this Act: | 17 | | "Broadband" or "broadband service" means lines (or | 18 | | wireless channels) that terminate at an end-user location and | 19 | | enable the end-user to receive information from or send | 20 | | information to the Internet. | 21 | | "Council" means the Broadband Advisory Council. | 22 | | "Downstream data rate" means the transmission speed from
| 23 | | the service provider source to the end-user.
| 24 | | "Internet protocol address" or "IP address" means a unique
| 25 | | string of numbers separated by periods that identifies each
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| 1 | | computer using the Internet protocol to communicate over a
| 2 | | network. | 3 | | "Low-income household" means a residential household with | 4 | | annual household income at or below 135% of the poverty | 5 | | guidelines updated periodically in the Federal Register by the | 6 | | U.S. Department of Health and Human Services under the | 7 | | authority of 42 U.S.C. 9902(2). | 8 | | "Upstream data rate" means the transmission speed from the
| 9 | | end-user to the service provider source.
| 10 | | "Unserved area" means a community that has no access to
| 11 | | broadband service.
| 12 | | Section 15. Broadband Advisory Council; members of
| 13 | | Council; administrative support.
| 14 | | (a) The Broadband Advisory Council is hereby established.
| 15 | | The Department of Commerce and Economic Opportunity shall house
| 16 | | the Council and provide administrative, personnel, and
| 17 | | technical support services.
| 18 | | (b) The Council shall consist of the following 21 voting
| 19 | | members: | 20 | | (1) the Director of Commerce and Economic Opportunity
| 21 | | or his or her designee; | 22 | | (2) the Secretary of Innovation and Technology or his
| 23 | | or her designee; | 24 | | (3) the Director of Aging or his or her designee; | 25 | | (4) the Attorney General or his or her designee;
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| 1 | | (5) the Chairman of the Illinois Commerce Commission or
| 2 | | his or her designee;
| 3 | | (6) one member appointed by the Director of Healthcare
| 4 | | and Family Services to represent the needs of disabled
| 5 | | citizens; | 6 | | (7) one member appointed by the Director of Commerce
| 7 | | and Economic Opportunity and nominated by the president of
| 8 | | a statewide organization representing electric
| 9 | | cooperatives; | 10 | | (8) one member appointed by the Director of Commerce
| 11 | | and Economic Opportunity and nominated by the executive
| 12 | | director of a statewide organization representing
| 13 | | municipalities; | 14 | | (9) one member appointed by the Director of Commerce
| 15 | | and Economic Opportunity and nominated by the president of
| 16 | | a statewide organization representing libraries; | 17 | | (10) one member appointed by the Director of Commerce
| 18 | | and Economic Opportunity and nominated by the president of
| 19 | | a statewide organization representing public housing
| 20 | | authorities; | 21 | | (11) one member appointed by the Chair of the Illinois
| 22 | | Community College Board; | 23 | | (12) one member appointed by the Chair of the Illinois
| 24 | | Board of Higher Education; and | 25 | | (13) one member appointed by the Director of Commerce | 26 | | and Economic Opportunity and nominated by the president of |
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| 1 | | the State's largest general farm organization; | 2 | | (14) one member appointed by the Director of Aging and | 3 | | nominated by an organization representing Illinois' senior | 4 | | population with a membership of at least 1,500,000; | 5 | | (15) seven members to represent broadband providers | 6 | | for
3-year terms appointed by the Governor as follows: | 7 | | (A) one member representing an incumbent local
| 8 | | exchange carrier that serves rural areas; | 9 | | (B) one member representing an incumbent local
| 10 | | exchange carrier that serves urban areas; | 11 | | (C) one member representing wireless carriers that
| 12 | | offer broadband Internet access; | 13 | | (D) one member representing cable companies that
| 14 | | serve Illinois; | 15 | | (E) one member representing a statewide rural | 16 | | broadband association;
| 17 | | (F) one member representing a telecommunications | 18 | | carrier issued a certificate of public convenience and | 19 | | necessity or a certificate of service authority from | 20 | | the Illinois Commerce Commission, whose principal | 21 | | place of business is located in east central Illinois | 22 | | and who is engaged in providing broadband access in | 23 | | rural areas through the installation of broadband | 24 | | lines that connect telecommunications facilities to | 25 | | other telecommunications facilities or to end-users; | 26 | | and |
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| 1 | | (G) one member representing satellite providers. | 2 | | (c) In addition to the 21 voting members of the Council, | 3 | | the President of the Senate, the Minority Leader of the Senate, | 4 | | the Speaker of the House of Representatives, and the Minority | 5 | | Leader of the House of Representatives shall each appoint one | 6 | | non-voting member of the Council.
| 7 | | (d) The members shall select a chair and vice chair from
| 8 | | their number. In the absence of the chair, the vice chair shall
| 9 | | serve as chair. The Council shall appoint a secretary-treasurer
| 10 | | who need not be a member of the Council and who, among other
| 11 | | tasks or functions designated by the Council, shall keep
| 12 | | records of its proceedings.
| 13 | | (e) The Council may appoint working groups to investigate
| 14 | | and make recommendations to the full Council. Members of these
| 15 | | working groups need not be members of the Council.
| 16 | | (f) Seven voting members of the Council constitute a
| 17 | | quorum, and the affirmative vote of a simple majority of those
| 18 | | members present is necessary for any action taken by vote of
| 19 | | the Council.
| 20 | | (g) Members shall serve without compensation and may be
| 21 | | reimbursed for reasonable expenses incurred in the performance
| 22 | | of their duties from funds appropriated for that purpose.
| 23 | | Section 20. Powers and duties of the Council generally.
| 24 | | (a) The Council shall: | 25 | | (1) explore any and all ways to expand the availability |
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| 1 | | to end-user customers of broadband services using | 2 | | available technologies, including, but not limited to, | 3 | | wireline, wireless, fixed wireless, and satellite | 4 | | applications; | 5 | | (2) identify barriers to broadband adoption among the
| 6 | | residents and small businesses of Illinois;
| 7 | | (3) research ways to eliminate barriers to adoption
| 8 | | through measures such as: digital literacy programs;
| 9 | | programs to assist older citizens in using broadband
| 10 | | Internet access; programs to facilitate adoption by
| 11 | | disabled citizens; and programs to encourage collaborative
| 12 | | efforts among public universities, community colleges,
| 13 | | libraries, public housing, and other institutions;
| 14 | | (4) assess the availability of broadband for | 15 | | low-income households compared to the availability of | 16 | | broadband for other households;
| 17 | | (5) explore the potential for increased use of
| 18 | | broadband service for the purposes of education, career
| 19 | | readiness, workforce preparation, and alternative career
| 20 | | training;
| 21 | | (6) explore the potential for increased use of
| 22 | | broadband services to facilitate aging in place;
| 23 | | (7) explore ways for encouraging State and municipal
| 24 | | agencies, including public housing authorities, to expand
| 25 | | the use of broadband services for the
purpose of better | 26 | | serving the public, including audio and
video streaming, |
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| 1 | | voice-over Internet protocol,
teleconferencing, and | 2 | | wireless networking;
| 3 | | (8) cooperate and assist in the expansion of electronic
| 4 | | instruction and distance education services; and
| 5 | | (9) as the Federal Communications Commission updates
| 6 | | the benchmark downstream data rates and upstream data | 7 | | rates, publish the revised
data rates in the Illinois | 8 | | Register within 60 days after the
federal update. | 9 | | (b) In addition to the powers set forth elsewhere in this
| 10 | | Act, the Council is hereby granted the powers necessary to
| 11 | | carry out the purpose and intent of this Act, as enumerated
in | 12 | | this Section, including, but not limited to: | 13 | | (1) promoting awareness of public facilities that have
| 14 | | community broadband access that can be used for distance
| 15 | | education and workforce development; and
| 16 | | (2) advising on deployment of e-government portals | 17 | | such
that all public bodies and political subdivisions have
| 18 | | websites and encourage one-stop government access and that
| 19 | | all public entities stream audio and video of all public
| 20 | | meetings.
| 21 | | (c) The Council shall also:
| 22 | | (1) monitor the broadband-based development efforts of
| 23 | | other states in areas such as business,
education, aging in | 24 | | place, and health;
| 25 | | (2)receive input provided on a voluntary basis from all | 26 | | Illinois broadband stakeholders and advise the Governor |
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| 1 | | and the General Assembly on policies related to broadband | 2 | | in Illinois, provided that no stakeholders shall be | 3 | | required to publicly disclose competitively sensitive | 4 | | information or information that could compromise network | 5 | | security or undermine the efficacy of reasonable network | 6 | | management practices, and that any such information | 7 | | voluntarily disclosed shall be protected from public | 8 | | disclosure; and
| 9 | | (3) serve as the broadband advocate to State agencies
| 10 | | and other State entities to communicate the broadband needs
| 11 | | of citizens and organizations that do not have access to
| 12 | | broadband service or to broadband service adequate for
| 13 | | their needs.
| 14 | | (d) The Council shall exercise its powers and authority to
| 15 | | (1) advise and make recommendations to the General Assembly and
| 16 | | the Governor on bringing broadband service to unserved rural | 17 | | and urban areas, (2) advise and make
recommendations to the | 18 | | General Assembly and the Governor on
facilitating broadband | 19 | | adoption by all citizens, and (3)
propose statutory changes | 20 | | that may enhance and expand broadband in the State.
| 21 | | (e) The Council shall report to the General Assembly on or
| 22 | | before January 1 of each year. The report to the General | 23 | | Assembly shall be filed with the Clerk of the House of | 24 | | Representatives and the Secretary of the Senate in electronic | 25 | | form only, in the manner that the Clerk and the Secretary shall | 26 | | direct. The report shall include the
action that was taken by |
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| 1 | | the Council during the previous year
in carrying out the | 2 | | provisions of this Act. The Council
shall also make any other | 3 | | reports as may be required by the
General Assembly or the | 4 | | Governor.".
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