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.