Public Act 100-0833
 
HB5752 EnrolledLRB100 18622 SMS 33847 b

    AN ACT concerning regulation.
 
    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
Broadband Advisory Council Act.
 
    Section 5. Legislative findings and purpose. The General
Assembly finds as follows:
        (1) a goal of the State of Illinois is to make
    available to its citizens affordable, reliable, and
    state-of-the-art Internet communications through the
    expansion, extension, and general availability of
    broadband services and technology, and to encourage the
    adoption of broadband by all citizens;
        (2) that, although broadband access has been extended
    to many areas of the State, many rural areas remain
    unserved and, although many neighborhoods in urban and
    suburban areas have broadband options, some urban
    neighborhoods remain unserved;
        (3) that fair and equitable access to 21st century
    technology is essential to (A) maximize the functionality
    of educational resources and educational facilities that
    enable our children and adults to receive the best of
    future teaching and learning, (B) civic engagement, (C)
    economic development,(D) access to state-of-the-art health
    care, (E) aging in place, (F) participation in a global
    economy, and (G) the State's farming communities; and
        (4) accordingly, it is the purpose of the General
    Assembly to provide for the development of policies to
    promote (A) extending broadband access to citizens of
    Illinois and (B) eliminating barriers to widespread
    adoption of broadband Internet access.
 
    Section 10. Definitions. As used in this Act:
    "Broadband" or "broadband service" means lines (or
wireless channels) that terminate at an end-user location and
enable the end-user to receive information from or send
information to the Internet.
    "Council" means the Broadband Advisory Council.
    "Downstream data rate" means the transmission speed from
the service provider source to the end-user.
    "Internet protocol address" or "IP address" means a unique
string of numbers separated by periods that identifies each
computer using the Internet protocol to communicate over a
network.
    "Low-income household" means a residential household with
annual household income at or below 135% of the poverty
guidelines updated periodically in the Federal Register by the
U.S. Department of Health and Human Services under the
authority of 42 U.S.C. 9902(2).
    "Upstream data rate" means the transmission speed from the
end-user to the service provider source.
    "Unserved area" means a community that has no access to
broadband service.
 
    Section 15. Broadband Advisory Council; members of
Council; administrative support.
    (a) The Broadband Advisory Council is hereby established.
The Department of Commerce and Economic Opportunity shall house
the Council and provide administrative, personnel, and
technical support services.
    (b) The Council shall consist of the following 21 voting
members:
        (1) the Director of Commerce and Economic Opportunity
    or his or her designee, who shall serve as chair of the
    Council;
        (2) the Secretary of Innovation and Technology or his
    or her designee;
        (3) the Director of Aging or his or her designee;
        (4) the Attorney General or his or her designee;
        (5) the Chairman of the Illinois Commerce Commission or
    his or her designee;
        (6) one member appointed by the Director of Healthcare
    and Family Services to represent the needs of disabled
    citizens;
        (7) one member appointed by the Director of Commerce
    and Economic Opportunity and nominated by the president of
    a statewide organization representing electric
    cooperatives;
        (8) one member appointed by the Director of Commerce
    and Economic Opportunity and nominated by the executive
    director of a statewide organization representing
    municipalities;
        (9) one member appointed by the Director of Commerce
    and Economic Opportunity and nominated by the president of
    a statewide organization representing libraries;
        (10) one member appointed by the Director of Commerce
    and Economic Opportunity and nominated by the president of
    a statewide organization representing public housing
    authorities;
        (11) one member appointed by the Chair of the Illinois
    Community College Board;
        (12) one member appointed by the Chair of the Illinois
    Board of Higher Education; and
        (13) one member appointed by the Director of Commerce
    and Economic Opportunity and nominated by the president of
    the State's largest general farm organization;
        (14) one member appointed by the Director of Aging and
    nominated by an organization representing Illinois' senior
    population with a membership of at least 1,500,000;
        (15) seven members to represent broadband providers
    for 3-year terms appointed by the Governor as follows:
            (A) one member representing an incumbent local
        exchange carrier that serves rural areas;
            (B) one member representing an incumbent local
        exchange carrier that serves urban areas;
            (C) one member representing wireless carriers that
        offer broadband Internet access;
            (D) one member representing cable companies that
        serve Illinois;
            (E) one member representing a statewide rural
        broadband association;
            (F) one member representing a telecommunications
        carrier issued a certificate of public convenience and
        necessity or a certificate of service authority from
        the Illinois Commerce Commission, whose principal
        place of business is located in east central Illinois
        and who is engaged in providing broadband access in
        rural areas through the installation of broadband
        lines that connect telecommunications facilities to
        other telecommunications facilities or to end-users;
        and
            (G) one member representing satellite providers.
    (c) In addition to the 21 voting members of the Council,
the President of the Senate, the Minority Leader of the Senate,
the Speaker of the House of Representatives, and the Minority
Leader of the House of Representatives shall each appoint one
non-voting member of the Council.
    (d) All voting and non-voting members must be appointed
within 90 days after the effective date of this Act.
    (e) The members shall select a vice chair from their
number. In the absence of the chair, the vice chair shall serve
as chair. The Council shall appoint a secretary-treasurer who
need not be a member of the Council and who, among other tasks
or functions designated by the Council, shall keep records of
its proceedings.
    (f) The Council may appoint working groups to investigate
and make recommendations to the full Council. Members of these
working groups need not be members of the Council.
    (g) Seven voting members of the Council constitute a
quorum, and the affirmative vote of a simple majority of those
members present is necessary for any action taken by vote of
the Council.
    (h) The Council shall conduct its first meeting within 30
days after all members have been appointed. The Council shall
meet quarterly after its first meeting. Additional hearings and
public meetings are permitted at the discretion of the members.
The Council may meet in person or through video or audio
conference.
    (i) Members shall serve without compensation and may be
reimbursed for reasonable expenses incurred in the performance
of their duties from funds appropriated for that purpose.
 
    Section 20. Powers and duties of the Council generally.
    (a) The Council shall:
        (1) explore any and all ways to expand the availability
    to end-user customers of broadband services using
    available technologies, including, but not limited to,
    wireline, wireless, fixed wireless, and satellite
    applications;
        (2) identify barriers to broadband adoption among the
    residents and small businesses of Illinois;
        (3) research ways to eliminate barriers to adoption
    through measures such as: digital literacy programs;
    programs to assist older citizens in using broadband
    Internet access; programs to facilitate adoption by
    disabled citizens; and programs to encourage collaborative
    efforts among public universities, community colleges,
    libraries, public housing, and other institutions;
        (4) assess the availability of broadband for
    low-income households compared to the availability of
    broadband for other households;
        (5) explore the potential for increased use of
    broadband service for the purposes of education, career
    readiness, workforce preparation, and alternative career
    training;
        (6) explore the potential for increased use of
    broadband services to facilitate aging in place;
        (7) explore ways for encouraging State and municipal
    agencies, including public housing authorities, to expand
    the use of broadband services for the purpose of better
    serving the public, including audio and video streaming,
    voice-over Internet protocol, teleconferencing, and
    wireless networking;
        (8) cooperate and assist in the expansion of electronic
    instruction and distance education services; and
        (9) as the Federal Communications Commission updates
    the benchmark downstream data rates and upstream data
    rates, publish the revised data rates in the Illinois
    Register within 60 days after the federal update.
    (b) In addition to the powers set forth elsewhere in this
Act, the Council is hereby granted the powers necessary to
carry out the purpose and intent of this Act, as enumerated in
this Section, including, but not limited to:
        (1) promoting awareness of public facilities that have
    community broadband access that can be used for distance
    education and workforce development; and
        (2) advising on deployment of e-government portals
    such that all public bodies and political subdivisions have
    websites and encourage one-stop government access and that
    all public entities stream audio and video of all public
    meetings.
    (c) The Council shall also:
        (1) monitor the broadband-based development efforts of
    other states in areas such as business, education, aging in
    place, and health;
        (2)receive input provided on a voluntary basis from all
    Illinois broadband stakeholders and advise the Governor
    and the General Assembly on policies related to broadband
    in Illinois, provided that no stakeholders shall be
    required to publicly disclose competitively sensitive
    information or information that could compromise network
    security or undermine the efficacy of reasonable network
    management practices, and that any such information
    voluntarily disclosed shall be protected from public
    disclosure; and
        (3) serve as the broadband advocate to State agencies
    and other State entities to communicate the broadband needs
    of citizens and organizations that do not have access to
    broadband service or to broadband service adequate for
    their needs.
    (d) The Council shall exercise its powers and authority to
(1) advise and make recommendations to the General Assembly and
the Governor on bringing broadband service to unserved rural
and urban areas, (2) advise and make recommendations to the
General Assembly and the Governor on facilitating broadband
adoption by all citizens, and (3) propose statutory changes
that may enhance and expand broadband in the State.
    (e) The Council shall report to the General Assembly on or
before January 1 of each year. The report to the General
Assembly shall be filed with the Clerk of the House of
Representatives and the Secretary of the Senate in electronic
form only, in the manner that the Clerk and the Secretary shall
direct. The report shall include the action that was taken by
the Council during the previous year in carrying out the
provisions of this Act. The Council shall also make any other
reports as may be required by the General Assembly or the
Governor.