75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 3650
A-Engrossed
House Bill 3158
Ordered by the House May 4
Including House Amendments dated May 4
Sponsored by Representatives J SMITH, CLEM; Representatives
DEMBROW, STIEGLER
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
Creates Oregon Broadband Advisory Council { + for purposes
relating to broadband communication and technology + }.
{ + Establishes Oregon Broadband Advisory Council Fund.
Continuously appropriates moneys in fund to council for purpose
of carrying out duties.
Directs council to submit report on broadband technology by
November 1 of each even-numbered year to appropriate committee of
Legislative Assembly. + }
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to broadband; appropriating money; and declaring an
emergency.
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,
Be It Enacted by the People of the State of Oregon:
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.
(2) The council may accept contributions of funds and
assistance from the United States Government or agencies of the
United States Government or from any other source, public or
private, and agree to conditions not inconsistent with the
purposes of the council. All such funds are to aid in financing
the functions of the council and must be deposited in the Oregon
Broadband Advisory Council Fund to the credit of separate
accounts for the council to disburse for the purposes for which
the funds were contributed.
(3) The council shall encourage:
(a) Coordination between existing organizations and sectors
that can leverage broadband to their advantage;
(b) State agencies to utilize broadband telecommunications;
(c) The development and support of digital inclusion and
education programs to encourage broadband adoption and provide
citizens with institutions to teach digital skills necessary for
success in the workplace;
(d) Efforts to provide cost-effective quality workforce
development training using telecommunications infrastructure and
facilities to access distance learning opportunities;
(e) Schools, education service districts and local education
agencies in unserved areas to promote broadband access for the
surrounding community;
(f) Public and private entities to seek opportunities for
partnership with educational institutions that will stimulate the
use of broadband technologies through community projects and
public education;
(g) The use of broadband communications technologies for
telehealth and telemedicine; and
(h) Public and private organizations to work together in
partnership to promote the use of telecommunications
infrastructure and new technology. + }
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. + }
SECTION 5. { + This 2009 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2009 Act takes effect on its
passage. + }
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