H. B. 2746
(By Delegates Browning, Cann, Hrutkay, Kominar,
Morgan, Swartzmiller, Azinger and Walters)
[Introduced January 30, 2007; referred to the
Committee on Industry and Labor, Economic Development and
Small Business then Finance.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §5A-6A-1, §5A-6A-2,
§5A-6A-3, §5A-6A-4, §5A-6A-5 and §5A-6A-6, all relating to the
establishment of the Connectivity Advisory Commission;
providing definitions; establishing qualifications for
membership; establishing terms of office; setting forth powers
and duties; creating a special fund known as the "Broadband
Connectivity Fund"; confidentiality of proprietary
information; and continuing the commission.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new article, designated §5A-6A-1, §5A-6A-2,
§5A-6A-3, §5A-6A-4, §5A-6A-5 and §5A-6A-6, all to read as follows:
ARTICLE 6A. CONNECTIVITY ADVISORY COMMISSION.
§5A-6A-1. Definitions.
As used in this article, unless the context clearly requires
a different meaning:
(1) "Broadband" means a telecommunication in which a wide band
of frequencies is available to transmit information or data at
speeds of at least 200,000 bits per second both directions, or such
higher speeds as determined by the Federal Communications
Commission;
(2) "Broadband service provider" or "broadband provider" means
a person or entity that provides broadband services in this state.
(3) "Commission" means the Connectivity Advisory Commission
established pursuant to this article.
§5A-6A-2. Connectivity Advisory Commission; composition of
commission; qualifications and terms of office;
designating chairperson; meetings and quorum;
compensation and travel expenses.
(a) There is hereby created the "Connectivity Advisory
Commission."
(b) (1) The commission consists of eleven voting members as
follows:
(A) The chief technology officer or his or her designee;
(B) The director of Emergency Services and Homeland Security
or his or her designee;
(C) The executive director of the West Virginia Development
Office, or his or her designee;
(D) The chairman of the Public Service Commission or his or
her designee;
(E) The secretary of the Department of Health and Human
Resources or his or her designee;
(F) The secretary of the Department of Education and the Arts,
or his or her designee; and
(G) Five members appointed by the Governor with the advice and
consent of the Senate who meet the requirements and qualifications
prescribed in subsections (c) and (d) of this section; and
(2) Three members of the West Virginia Senate appointed by the
President of the Senate and three members of the West Virginia
House of Delegates appointed by the Speaker of the House of
Delegates shall serve as advisory, nonvoting members of the
commission. No more than two members appointed from each
legislative body may be of the same political party.
(c) (1) The five members appointed by the Governor pursuant to
subdivision (G) of subdivision (1), subsection (b) of this section
shall be appointed by the Governor for terms that begin May 1, 2007
and expire as follows:
(A) One member shall be appointed for a term ending June 30,
2008;
(B) Two members shall be appointed for a term ending June 30,
2009; and
(C) Two members shall be appointed for a term ending June 30, 2010.
(2) Except for appointments to fill vacancies, each subsequent
appointment shall be for a term ending the thirtieth day of June
of the fourth year following the year the preceding term expired.
In the event a vacancy occurs, it shall be filled by appointment
for the unexpired term. A member whose term has expired shall
continue in office until a successor has been duly appointed and
qualified.
(3) No member appointed by the Governor pursuant to
subdivision (G) of subdivision (1), subsection (b) of this section
may be a candidate for or hold elected office. These members may
be reappointed for no more than two full terms.
(d) Each of the members of the commission appointed by the
Governor pursuant to subdivision (G) of subdivision (1), subsection
(b) of this section shall be appointed based upon his or her
demonstrated knowledge and experience to effectively accomplish the
purposes of this article, and shall meet the following
qualifications:
(1) At least one shall be an officer, member or designee of a
West Virginia nonprofit organization that has established programs
or has otherwise participated in programs to promote broadband
connectivity in this state;
(2) At least two shall be officers, employees or designees of
broadband service providers in this state who have demonstrated knowledge and experience in the provision of broadband services in
this state;
(3) At least one shall be a person representing the largest
organization of municipalities in the state;
(4) At least one shall be a physician licensed as a medical
doctor in this state with a demonstrated knowledge and experience
in providing primary health care via telecommunications;
(e) The chief technology officer shall serve as chairperson.
The commission shall hold meetings at the request of the
chairperson or at the request of at least three of the members of
the commission, but no less frequently than once every three
months. The chairperson shall determine the date and time of each
meeting.
(f) A majority of the commission, including a majority of the
members appointed by the Governor pursuant to subdivision (G) of
subdivision (1), subsection (b) of this section, constitutes a
quorum for the conduct of the business of the commission. No
vacancy in the membership of the commission shall impair the right
of the commission to exercise its rights and perform its duties.
(g) The office of technology shall provide sufficient office
space, professional and clerical staff to the commission to perform
its duties.
(h) Each member of the commission appointed pursuant to
subdivision (G) of subdivision (1), subsection (b) of this section shall receive the same compensation as is paid to members of the
Legislature for their interim duties as recommended by the
Citizens' Legislative Compensation Commission and authorized by law
for each day or portion thereof engaged in the discharge of
official duties. Each of these appointed members of the commission
is entitled to be reimbursed for actual and necessary expenses
incurred for each day or portion thereof engaged in the discharge
of official duties in a manner consistent with guidelines of the
travel management office of the Department of Administration.
§5A-6A-3. Powers and duties of the commission.
(a) The commission shall:
(1) Develop a statewide broadband policy to provide a uniform
strategic plan for the establishment, creation and expansion of
broadband service in this state. The policy shall promote and
facilitate economic development, education and health care, and
improve and enhance emergency response and homeland security. The
policy shall include criteria and initiatives to establish the
following:
(A) A plan to locate, determine and increase demand for
broadband services in this state;
(B) A plan designed to facilitate, stimulate and encourage the
provision of broadband services by broadband providers;
(C) A broadband funding program to establish or identify
sources of funds, including grants or loans, to establish, provide, extend and upgrade broadband services, particularly in rural areas
of the state which are without affordable broadband services or are
underserved by broadband services;
(D) Identify and recommend permanent funding mechanisms and
other revenue sources to provide funding necessary to pay the
expenses incurred by the commission and the office of technology in
the performance of their duties set forth in this article and to
fund the plans and programs recommended and included in the
statewide broadband policy adopted by the commission; and
(E) A plan or program to coordinate and more effectively
utilize the services of nonprofit organizations that promote,
accommodate, encourage and facilitate the availability and
expansion of broadband services;
(2) Encourage and facilitate collaboration between agencies of
this state and agencies of neighboring states that facilitate and
promote broadband services;
(3) Develop and implement a plan to facilitate and provide the
accurate mapping of the location of all private and public
broadband data networks and the location of all areas in the state
where broadband connectivity is available; and
(4) Develop, provide and maintain a catalogue of resources and
availability of broadband services available to citizens,
communities and political subdivisions of the state.
(b) The commission shall submit a preliminary draft of the statewide broadband policy to the Governor, the President of the
Senate and the Speaker of the House of Delegates on or before the
first day of November, two thousand seven. The commission shall
submit the final draft of the statewide broadband policy, together
with any recommendations for the implementation thereof, including
drafts of any legislation necessary to effectuate it, to the
Governor, the President of the Senate and the Speaker of the House
of Delegates on or before the tenth day of January, two thousand
eight.
(c) After the initial adoption of a statewide broadband
policy, the commission shall review the policy annually and adopt
any revisions necessary to continue to effectively implement the
provisions of this article.
§5A-6A-4. Broadband Connectivity Fund.
(a) There is hereby created in the State Treasury a Special
Revenue Fund known as the "Broadband Connectivity Fund." The fund
shall be comprised of moneys appropriated by the Legislature, all
income from the investment of moneys held in the fund, and all
other moneys designated for deposit to the fund from any source,
public or private. The fund shall operate as a special fund
whereby deposits and payments do not expire to the General Revenue
Fund, but remain in the account to be available for expenditure in
succeeding fiscal years.
(b) Moneys in the fund, to the extent that moneys are available after appropriation by the Legislature, shall be used
solely to pay expenses incurred by the commission and the office of
the chief technology officer in performing the duties set forth in
this article.
§5A-6A-5. Confidentiality of proprietary information.
Proprietary information made available to the commission by a
broadband service provider is confidential and may not be disclosed
by the commission without the consent of the provider:
Provided,
That the provisions of this section do not prohibit the commission
from disclosing areas in the state where broadband service is
available. Any proprietary information obtained by or provided to
the commission is not subject to disclosure under the provisions of
chapter twenty-nine-b of this code.
§5A-6A-6. Continuation of Connectivity Advisory Commission.
The Connectivity Advisory Commission shall continue to exist,
pursuant to the provisions of article ten, chapter four of this
code, until the first day of July, two thousand twelve, unless
sooner terminated, continued or reestablished pursuant to the
provisions of that article.
NOTE: The purpose of this bill is to establish a Connectivity
Advisory Commission. The commission's duties include the
developing of a statewide broadband policy by January 10, 2008, as
well as to develop and implement a plan to accurately map the
location of broadband networks and areas where broadband is
available in the state and develop a catalogue of resources and
availability of broadband in the state.
Article §5A-6A-1, §5A-6A-2, §5A-6A-3, §5A-6A-4, §5A-6A-5 and §5A-6A-6 is new; therefore, strike-throughs and underscoring are
omitted.