06 LC 36
0027
Senate
Bill 404
By:
Senators Seabaugh of the 28th, Balfour of the 9th and Johnson of the 1st
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 4 of Chapter 5 of Title 46 of the Official Code of Georgia
Annotated, relating to telecommunications and competition development, so as to
create the Georgia Broadband Education Commission to educate the general public
on the benefits of broadband technology and improving utilization of broadband
technology within Georgia; to provide for the membership, appointment, terms,
and duties of such commission; to provide that payments of any penalty or
performance plans relating to local exchange companies be paid to the state and
administered by the Georgia Broadband Education Commission; to promote parity
among local exchange carriers; to provide for related matters; to provide a
conditional effective date; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
4 of Chapter of 5 of Title 46 of the Official Code of Georgia Annotated,
relating to telecommunications and competition development, is amended by adding
a new subsection (h) to Code Section 46-5-164, relating to interconnection among
certificated local exchange companies, to read as follows:
"(h)
Any penalty or performance plan administered or approved by the commission (1)
may provide for payments only to the state but in no case may it provide
for payments to individual local exchange carriers; (2) the obligations
imposed by any such plan must be imposed on all local exchange carriers; and (3)
any moneys collected pursuant to such penalties or plans shall be used as
necessary to fund the Georgia Education Trust Fund as administered by the
Georgia Broadband Education
Commission."
SECTION
2.
Said
article is further amended by adding a new Code Section 46-5-164.1 to read as
follows:
"46-5-164.1.
(a)
There is established the Georgia Broadband Education Commission whose purpose is
to educate the public on the benefits of broadband technology and to improve the
utilization of broadband technology within the state.
(b)
The Georgia Broadband Education Commission shall consist of ten members who
shall serve for terms of four years, except that with respect to the first
members appointed, four members shall be appointed for a term of three years,
three for a term of two years, and three for a term of one year. The members of
the commission shall be appointed by the Governor as follows:
(1)
Three members shall be representatives from incumbent local exchange
companies;
(2)
Three members shall be representatives from wireless industry
companies;
(3)
Two members shall be representatives from competitive local exchange companies;
and
(4)
Two members shall be from the public at large.
The
Governor shall also establish initial terms of office for all ten members of the
commission within the limitations of this subsection.
(c)
In the event of death, resignation, disqualification, or removal for any reason
of any member of the commission, the vacancy shall be filled in the same manner
as the original appointment and the successor shall serve for the unexpired
term.
(d)
The Governor shall designate a chairperson of the commission from among the
members, which chairperson shall serve in that position at the pleasure of the
Governor. The commission may elect such other officers and committees as it
considers appropriate.
(e)
The commission, with the approval of the Governor, may employ such professional,
technical, or clerical personnel as deemed necessary to carry out the purposes
of this Code section.
(f)
Members of the commission shall serve without compensation but shall receive the
same expense allowance per day as that received by a member of the General
Assembly for each day such member of the commission is in attendance at a
meeting of such commission, plus either reimbursement for actual transportation
costs while traveling by public carrier or the same mileage allowance for use of
a personal car in connection with such attendance as members of the General
Assembly receive. Such expense and travel allowance shall be paid in lieu of
any per diem, allowance, or other remuneration now received by any such member
for such attendance. Expense allowances and other costs authorized in this Code
section shall be paid from moneys in the Georgia Broadband Education Trust
Fund.
(g)
The commission shall do all of the following:
(1)
Meet at such times and places as it shall determine necessary or convenient to
perform its duties. The commission shall also meet on the call of the
chairperson or the Governor;
(2)
Maintain minutes of its meetings;
(3)
Adopt rules and regulations for the transaction of its business;
(4)
Accept applications for disbursements of available money from the trust
fund;
(5)
Maintain records of all expenditures of the commission, funds received as gifts
and donations, and disbursements made from the trust fund; and
(6)
Conform to the standards and requirements prescribed by the state auditor
pursuant to Chapter 6 of Title 50.
The
commission shall utilize existing state resources and staff of participating
departments whenever practicable.
(h)
The commission may recommend to the Governor and the General Assembly changes in
state programs, statutes, policies, budgets, and standards relating to the
education of the public as to the benefits of broadband technology and improving
utilization of broadband technology in this state.
(i)
There is created the Georgia Broadband Education Trust Fund as a separate fund
in the state treasury. The director of the Office of Treasury and Fiscal
Services shall credit to the trust fund all amounts transferred to such fund and
shall invest the trust fund moneys in the same manner as authorized for
investing other moneys in the state treasury.
(j)
The commission may authorize the disbursement of available money from the trust
fund, after appropriation thereof, for purposes of providing education to the
public as to the benefits of broadband technology and improving utilization of
broadband technology in this state to a person, entity, or program eligible
pursuant to criteria to be set by such commission to criteria to be set by such
commission. The commission may also authorize the disbursement of trust fund
money for the actual and necessary operating expenses that the commission incurs
in performing its duties; provided, however, that such disbursements shall be
kept at a minimum in furtherance of the primary purpose of the trust fund, which
is to disburse money to provide broadband technology education to the citizens
of this state and to improve utilization of broadband technology.
(k)
No funds shall be disbursed from the trust fund to any person, entity, or
program or for any purpose authorized in subsection (j) of this Code section
until approved by the Governor; provided, however, that the Governor may not
authorize the disbursement of funds to a person, entity, or program which the
commission has not recommended for a
grant."
SECTION
3.
This
Act shall become effective on January 1, 2007, provided that a constitutional
amendment authorizing the creation of the Georgia Broadband Education Trust Fund
is approved and ratified by the voters of the state in the 2006 November general
election. Otherwise, this Act shall stand repealed by operation of law on
January 1, 2007.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.