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| Public Act 093-0797 |
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AN ACT concerning accessible electronic information.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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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.
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(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.
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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:
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(30 ILCS 105/5.625 new)
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Sec. 5.625. The Accessible Electronic Information Service | ||
Fund.
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Section 95. The Public Utilities Act is amended by changing | ||
Section 13-301.3 as follows:
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(220 ILCS 5/13-301.3)
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(Section scheduled to be repealed on July 1, 2005)
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Sec. 13-301.3. Digital Divide Elimination Infrastructure | ||
Program.
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(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.
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(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
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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
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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
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grants pursuant to this Section.
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(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
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pursuant to the Illinois Procurement Code. Grants shall be | ||
awarded to bidders
chosen
on the basis of the criteria | ||
established in such rules.
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(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.
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(Source: P.A. 92-22, eff. 6-30-01; 93-306, eff. 7-23-03.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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