Public Act 093-0797
 
SB2517 Enrolled LRB093 17930 JAM 43613 b

    AN ACT concerning accessible electronic information.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    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) 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
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.
 
    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 changing
Section 13-301.3 as follows:
 
    (220 ILCS 5/13-301.3)
    (Section scheduled to be repealed on July 1, 2005)
    Sec. 13-301.3. Digital Divide Elimination Infrastructure
Program.
    (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.
    (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
transmission facilities in eligible areas of the State. For
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
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
grants pursuant to this Section.
    (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
pursuant to the Illinois Procurement Code. Grants shall be
awarded to bidders chosen on the basis of the criteria
established in such rules.
    (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.
(Source: P.A. 92-22, eff. 6-30-01; 93-306, eff. 7-23-03.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.