Illinois General Assembly - Full Text of HB5752
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Full Text of HB5752  100th General Assembly


Rep. Natalie Phelps Finnie

Filed: 4/17/2018





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2    AMENDMENT NO. ______. Amend House Bill 5752 by replacing
3everything after the enacting clause with the following:
4    "Section 1. Short title. This Act may be cited as the
5Broadband Advisory Council Act.
6    Section 5. Legislative findings and purpose. The General
7Assembly 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
18wireless channels) that terminate at an end-user location and
19enable the end-user to receive information from or send
20information to the Internet.
21    "Council" means the Broadband Advisory Council.
22    "Downstream data rate" means the transmission speed from
23the service provider source to the end-user.
24    "Internet protocol address" or "IP address" means a unique
25string of numbers separated by periods that identifies each



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1computer using the Internet protocol to communicate over a
3    "Low-income household" means a residential household with
4annual household income at or below 135% of the poverty
5guidelines updated periodically in the Federal Register by the
6U.S. Department of Health and Human Services under the
7authority of 42 U.S.C. 9902(2).
8    "Upstream data rate" means the transmission speed from the
9end-user to the service provider source.
10    "Unserved area" means a community that has no access to
11broadband service.
12    Section 15. Broadband Advisory Council; members of
13Council; administrative support.
14    (a) The Broadband Advisory Council is hereby established.
15The Department of Commerce and Economic Opportunity shall house
16the Council and provide administrative, personnel, and
17technical support services.
18    (b) The Council shall consist of the following 21 voting
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,
3the President of the Senate, the Minority Leader of the Senate,
4the Speaker of the House of Representatives, and the Minority
5Leader of the House of Representatives shall each appoint one
6non-voting member of the Council.
7    (d) The members shall select a chair and vice chair from
8their number. In the absence of the chair, the vice chair shall
9serve as chair. The Council shall appoint a secretary-treasurer
10who need not be a member of the Council and who, among other
11tasks or functions designated by the Council, shall keep
12records of its proceedings.
13    (e) The Council may appoint working groups to investigate
14and make recommendations to the full Council. Members of these
15working groups need not be members of the Council.
16    (f) Seven voting members of the Council constitute a
17quorum, and the affirmative vote of a simple majority of those
18members present is necessary for any action taken by vote of
19the Council.
20    (g) Members shall serve without compensation and may be
21reimbursed for reasonable expenses incurred in the performance
22of 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
10Act, the Council is hereby granted the powers necessary to
11carry out the purpose and intent of this Act, as enumerated in
12this 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
16the Governor on bringing broadband service to unserved rural
17and urban areas, (2) advise and make recommendations to the
18General Assembly and the Governor on facilitating broadband
19adoption by all citizens, and (3) propose statutory changes
20that may enhance and expand broadband in the State.
21    (e) The Council shall report to the General Assembly on or
22before January 1 of each year. The report to the General
23Assembly shall be filed with the Clerk of the House of
24Representatives and the Secretary of the Senate in electronic
25form only, in the manner that the Clerk and the Secretary shall
26direct. The report shall include the action that was taken by



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1the Council during the previous year in carrying out the
2provisions of this Act. The Council shall also make any other
3reports as may be required by the General Assembly or the