Relating to broadband; and declaring an emergency.


 
 
 
     75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
HA to HB 3158
 
LC 3650/HB 3158-5
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 3158
 
     By COMMITTEE ON SUSTAINABILITY AND ECONOMIC DEVELOPMENT
 
                              May 4
 
  On page 1 of the printed bill, line 2, after the semicolon
insert 'appropriating money;'.
  After line 2, insert:
  ' Whereas the deployment and adoption of high-speed Internet
services and technology advances enhance economic development and
public safety for the state's communities, use leverage to create
efficiencies and offer improved health care, provide access to
consumer and legal services, increase educational and civic
participation opportunities and provide a better quality of life
for the state's residents; and
  ' Whereas improvements in the deployment and adoption of
high-speed Internet services and the strategic inclusion of
technology advancements and technology education are critical to
ensuring that this state remains competitive and continues to
provide a skilled workforce, attract businesses and stimulate job
growth; and
  ' Whereas this state must encourage and support strategic
partnerships in the public, private and nonprofit sectors for the
continued improvement and adoption of high-speed Internet
services and information technology for state residents and
businesses, so that all residents of this state are able to
obtain and utilize broadband fully, regardless of location,
economic status, literacy level, age, disability, size of
business or business entity structure; and
  ' Whereas in light of the importance of broadband deployment
and adoption to the economy, health, safety and welfare of the
people of this state, it is essential that the Legislative
Assembly authorize a broadband program management structure and
create an advisory council capable of developing and ensuring the
implementation of statewide broadband strategies; now,
therefore,'.
  Delete lines 4 through 31 and delete page 2.
  On page 3, delete lines 1 through 20 and insert:
  '  { +  SECTION 1. + }  { + (1) The Oregon Broadband Advisory
Council is established, consisting of 14 members, of whom:
  ' (a) The Governor shall appoint 12 members as follows:
  ' (A) One member to represent the counties of this state.
  ' (B) One member to represent the cities of this state.
  ' (C) Three members to represent telecommunications service
providers and Internet service providers in this state. At least
one member must represent rural telecommunications consortia.
  ' (D) One member to represent Oregon tribes.
  ' (E) One member to represent education.
  ' (F) One member to represent economic development.
  ' (G) One member to represent public safety.
  ' (H) One member to represent health.
  ' (I) One member to represent government's electronic interface
with the public.
  ' (J) One member from the Public Utility Commission.
 
  ' (b) The Speaker of the House of Representatives shall appoint
one nonvoting member who is a member of the House of
Representatives.
  ' (c) The President of the Senate shall appoint one nonvoting
member who is a member of the Senate.
  ' (2) The term of office of each voting member is four years,
but a voting member serves at the pleasure of the Governor.
Before the expiration of the term of a member, the Governor shall
appoint a successor whose term begins on January 1 next
following. A member is eligible for reappointment. If there is a
vacancy for any cause, the Governor shall make an appointment to
become immediately effective for the unexpired term.
  ' (3) The nonvoting legislative members shall serve two-year
terms and are eligible for reappointment.
  ' (4) Members of the council are not entitled to compensation,
but voting members may be paid expenses if funding is available
from contributions accepted under section 3 (2) of this 2009 Act.
  ' (5) The council shall select one of its voting members as
chairperson and another voting member as vice chairperson, for
such terms and with duties and powers necessary for the
performance of the functions of such offices as the council
determines.
  ' (6) A majority of the members of the council constitutes a
quorum for the transaction of business.
  ' (7) The council shall meet at least once every three months
at a place, day and hour determined by the council. The council
may also meet at other times and places specified by the call of
the chairperson or of a majority of the members of the council.
  ' (8) Official action by the council requires the approval of a
majority of the members. The council may recommend legislation,
which must be prepared in time for presession filing at the next
regular session of the Legislative Assembly.
  ' (9) The Economic and Community Development Department shall
provide staff or facilities to the council.
  ' (10) The Oregon Department of Administrative Services, the
Public Utility Commission and the Department of Education may
provide staff or facilities to the council.
  ' (11) All agencies of state government, as defined in ORS
174.111, are directed to assist the council in the performance of
its duties and, to the extent permitted by laws relating to
confidentiality, to furnish such information and advice as the
members of the council consider necessary to perform their
duties. + }
  '  { +  SECTION 2. + }  { + (1) Notwithstanding the term of
office specified by section 1 of this 2009 Act, of the voting
members first appointed to the Oregon Broadband Advisory Council:
  ' (a) Six shall serve for a term ending January 1, 2011.
  ' (b) Six shall serve for a term ending January 1, 2013.
  ' (2) The two nonvoting members first appointed to the council
shall serve terms ending January 1, 2011. + }
  '  { +  SECTION 3. + } (1) The Oregon Broadband Advisory
Council Fund is established, separate and distinct from the
General Fund.  Interest earned by the Oregon Broadband Advisory
Council Fund shall be credited to the fund. Moneys in the Oregon
Broadband Advisory Council Fund are continuously appropriated to
the Oregon Broadband Advisory Council for the purposes of
carrying out the duties of the council.'.
  In line 24, delete 'Gen-' and insert 'Oregon Broadband Advisory
Council Fund'.
  In line 25, delete 'eral Fund of the State Treasury'.
  After line 44, insert:
  '  { +  SECTION 4. + }  { + The Oregon Broadband Advisory
Council shall submit a report by November 1 of each even-numbered
year to an appropriate committee of the Legislative Assembly on
the following subjects:
 
  ' (1) The affordability and accessibility of broadband
technology in all areas of this state; and
  ' (2) The extent of broadband technology use in this state in
the telehealth industry, energy management, education and
government. + } ' .
  In line 45, delete '4' and insert '5'.
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