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
 
                         House Bill 3158
 
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 as
introduced.
 
  Creates Oregon Broadband Advisory Council.
  Declares emergency, effective on passage.
 
                        A BILL FOR AN ACT
Relating to broadband; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) There is established the Oregon Broadband
Advisory Council, consisting of 12 members appointed by the
Governor, as follows:
  (a) One member to represent the counties of this state. In
making the appointment under this paragraph, the Governor shall
give consideration to recommendations made by the Association of
Oregon Counties.
  (b) One member to represent the cities of this state. In making
the appointment under this paragraph, the Governor shall give
consideration to recommendations made by the League of Oregon
Cities.
  (c) Three members to represent telecommunications service
providers and Internet service providers in this state. One
member must represent incumbent wireline providers, one must
represent competitive wireline providers and one must represent
wireless providers. In making the appointments under this
paragraph, the Governor shall give consideration to
recommendations made by industry associations.
  (d) One member to represent Oregon tribes. In making the
appointment under this paragraph, the Governor shall give
consideration to recommendations made by the Commission on Indian
Services.
  (e) One member to represent elementary and secondary schools.
In making the appointment under this paragraph, the Governor
shall give consideration to recommendations made by the Oregon
School Boards Association.
  (f) One member to represent community colleges and universities
in this state. In making the appointment under this paragraph,
the Governor shall give consideration to recommendations made by
the Oregon Community College Association and the Chancellor of
the Oregon University System.
  (g) One member from the Economic and Community Development
Department.
 
  (h) One member from the Oregon Department of Administrative
Services.
  (i) One member from a telehealth advocacy group.
  (j) One member from the Department of Transportation.
  (2) The term of office of each member is four years, but a
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) Members of the council are not entitled to compensation,
but may be paid expenses if funding is available from
contributions accepted under section 3 (2) of this 2009 Act.
  (4) The council shall select one of its members as chairperson
and another 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.
  (5) A majority of the members of the council constitutes a
quorum for the transaction of business.
  (6) 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.
  (7) 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 regular
sessions of the Legislative Assembly.
  (8) The Economic and Community Development Department, the
Oregon Department of Administrative Services, the Department of
Education, the League of Oregon Cities and the Association of
Oregon Counties may provide staff or facilities to the
council. + }
  SECTION 2.  { + Notwithstanding the term of office specified by
section 1 of this 2009 Act, of the members first appointed to the
council:
  (1) Six shall serve for a term ending January 1, 2011.
  (2) Six shall serve for a term ending January 1, 2013. + }
  SECTION 3.  { + (1) In addition to state funded programs the
Oregon Broadband Advisory Council may apply for and oversee
implementation of federally funded or mandated programs and may
promulgate rules to administer these programs. The subjects of
these programs include, but are not limited to:
  (a) Tracking residential, nonprofit, and business adoption of
high-speed Internet, computers and related information technology
through publicly available sources;
  (b) Studying the needs and issues related to broadband
telecommunications services, including:
  (A) Providing services to unserved or underserved areas of the
state;
  (B) Identifying broadband demand opportunities in communities
by working cooperatively with local organizations, government
agencies and businesses; and
  (C) Identifying barriers to the adoption of broadband service
and related information technology services by individuals,
nonprofit organizations and businesses, including whether or not
demand for these services is absent and whether the supply for
these services is capable of meeting demand;
  (c) Monitoring and tracking prices charged to consumers,
including promotional and nonpromotional pricing and service
quality, to ensure comparable and affordable broadband and
information services are provided throughout all regions of the
state;
  (d) Addressing the management of proprietary and competitively
sensitive data related to telecommunications data collection;
 
  (e) Studying the manner in which investments in broadband
telecommunications infrastructure can be coordinated with
existing agencies and encouraged, including how to facilitate
partnerships between the public sector and the private sector and
between state and local governments, to enhance broadband
infrastructure investment;
  (f) Creating, implementing and administering programs to
improve computer ownership, technology literacy and high-speed
Internet access for populations not currently served in the
state, including programs to provide low-income families and
nonprofit entities with low-cost Internet access;
  (g) Creating additional programs to spur the development of
high-speed Internet resources in the state, including but not
limited to:
  (A) Soliciting funding in the form of grants or donations;
  (B) Establishing technology literacy and digital inclusion
programs and establishing low-cost hardware and software
purchasing programs;
  (C) Developing loan programs targeting small businesses or
businesses located in underserved areas; and
  (D) Including community technology organizations in state
hardware and software purchasing programs;
  (h) Establishing a matching grant program to encourage private
and public telecommunications deployment in unserved and
underserved areas; and
  (i) Studying the feasibility of creating a state universal
service fund to provide ongoing funding for broadband adoption
and deployment.
  (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 General
Fund of the State Treasury 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.  { + 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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