Stricken language would be deleted from and underlined language would be added to present law.
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State of Arkansas As Engrossed: S3/28/23 1
94th General Assembly A Bill 2
Regular Session, 2023 SENATE BILL 449 3
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By: Senator J. English 5
By: Representatives Haak, R. Scott Richardson 6
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For An Act To Be Entitled 8
AN ACT TO CREATE THE ARKANSAS BROADBAND A DVISORY 9
COUNCIL; TO ADVISE T HE DEPARTMENT OF COM MERCE IN 10
DEVELOPMENT AND OVER SIGHT OF THE BROADBA ND POLICY FOR 11
THE STATE OF ARKANSA S; TO DECLARE AN EME RGENCY; AND 12
FOR OTHER PURPOSES. 13
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Subtitle 16
TO CREATE THE ARKANSAS BROADBAND ADVISORY 17
COUNCIL; AND TO DECLARE AN EMERGENCY. 18
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 21
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SECTION 1. TEMPORARY LANGUAGE. DO NOT CODIFY. Arkansas Broadband 23
Advisory Council – Creation – Membership – Duties. 24
(a) There is created the Arkansas Broadband Advisory Council. 25
(b)(1) The council shall consist of sixteen (16) members as follows: 26
(A) Twelve (12) members appointed by the Governor with 27
advice from the Secretary of the Department of Commerce, and subject to 28
confirmation by the Senate, as follows: 29
(i) One (1) member who is a representative of the 30
Arkansas Farm Bureau Federation; 31
(ii) One (1) member who is a representative of the 32
Arkansas State Chamber of Commerce; 33
(iii) One (1) member who is a representative of the 34
banking community in the state; 35
(iv) One (1) member who is a representative of the 36 As Engrossed: S3/28/23 SB449
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healthcare industry in the state; 1
(v) One (1) member who is a representative of the 2
Arkansas Association of Educational Administrat ors who has broadband 3
experience; 4
(vi) One (1) member who is a representative of the 5
Arkansas State Library who has broadband experience; 6
(vii) One (1) member who is a representative of the 7
Association of Arkansas Counties; 8
(viii) One (1) member who is a representative of the 9
Arkansas Municipal League; 10
(ix) One (1) member who is a representative of 11
either law enforcement or emergency management; 12
(x) One (1) member who is a representative of 13
Heartland Forward; and 14
(xi) Two (2) private citizens of the State of 15
Arkansas; 16
(B) The Chief Workforce Officer or his or her designee; 17
(C) The Director of the Division of Higher Education or 18
his or her designee; 19
(D) The Commissioner of Elementary and Secondary Education 20
of the Department of Education or his or her designee; 21
(E) The Director of the Division of Workforce Services or 22
his or her designee; and 23
(F) The Secretary of the Department of Human Services or 24
his or her designee. 25
(2) All members shall serve on the council for a term of five 26
(5) years. 27
(3) If a vacancy occurs on the council, the vacancy shall be 28
filled by the same process as the original appointment. 29
(4) An individual appointed to serve as a member of the council 30
or his or her spouse shall not: 31
(A) Be a representative of an internet service provider; 32
(B) Have a financial interest in an internet service 33
provider; or 34
(C) Be employed by an internet service provider. 35
(c) Members of the council shall serve without compensation but may 36 As Engrossed: S3/28/23 SB449
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receive reimbursement under § 25 -16-902, through the Department of Commerce. 1
(d)(1) The Secretary of the Department of Commerce shall call the 2
first meeting of the council within thirty (30) days of sine die adjournment 3
of the 2023 Regular Session and sha ll serve as chair at the first meeting. 4
(2) At the first meeting of the council, the members of the 5
council shall elect from the council’s membership a chair or cochairs and 6
other officers as needed for the transaction of its business. 7
(3)(A) The council shall meet at the Arkansas State Broadband 8
Office. 9
(B) Meetings of the council shall be held at least one (1) 10
time every three (3) months, but may meet more often at the call of the chair 11
or cochairs. 12
(4)(A) The council shall adopt rules and pr ocedures for 13
transacting its business. 14
(B) A majority of the members of the council shall 15
constitute a quorum for transacting business of the council. 16
(e) The council may create subcommittees as needed to complete its 17
work. 18
(f) The Arkansas State B roadband Office shall provide staff, meeting 19
space, and materials for the council. 20
(g) The purpose of the council is to provide stakeholder input to the 21
State Broadband Manager and the Secretary of the Department of Commerce 22
regarding the federal Broadb and Equity, Access, and Deployment Program and 23
its applicability to the State of Arkansas, including without limitation the 24
issues of connectivity, affordability, and digital literacy. 25
(h) To achieve this purpose, the council shall research and assess th e 26
following: 27
(1) The needs, barriers, issues, and goals for broadband access; 28
(2) The needs and use of broadband in Arkansas’s education 29
systems, health care system, agriculture and energy sectors, industries and 30
businesses, libraries, governmental o perations, public safety, and other key 31
economic sectors; 32
(3) Digital literacy definitions, along with benefits, needs and 33
strategies for addressing implementation; 34
(4) Broadband availability and accessibility for unserved and 35
underserved population s; 36 As Engrossed: S3/28/23 SB449
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(5) Advances in technologies used to deploy services; 1
(6) Opportunities to coordinate with federal, state, and local 2
agencies; and 3
(7) A review of the continued adequacy and appropriateness of 4
existing statutory broadband goals. 5
(i)(1) The council shall also conduct a study to assess the: 6
(A) Use of mobile wireless technology to augment efforts 7
in broadband deployment and adoption; and 8
(B) Existence of geographic gaps in Arkansas for wireless 9
technology. 10
(2) The council shall subm it a report concerning the study under 11
this subsection to the Secretary of the Department of Commerce, the Speaker 12
of the House of Representatives, and the President Pro Tempore of the Senate 13
within six (6) months of commencement of the study. 14
(j) The council shall serve in an advisory capacity to the State 15
Broadband Manager, and in this advisory role may: 16
(A) Review broadband grant decisions prior to submission of the 17
broadband grants to the Legislative Council or the Joint Budget Committee for 18
review and approval, in order to ensure transparency, accountability, and 19
geographic diversity in the broadband grants; and 20
(B) Provide guidance on policy and intergovernmental relations 21
and other public relations matters; and 22
(k) On or before December 1 each year, the council shall file with the 23
Governor, the Speaker of the House of Representatives, and the President Pro 24
Tempore of the Senate a report of its activities, findings, and 25
recommendations. 26
(l) The council shall expire on December 31, 2028. 27
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SECTION 2. EMERGENCY CLAUSE. It is found and determined by the 29
General Assembly of the State of Arkansas that the State of Arkansas will 30
likely be the recipient of a large amount of federal funding directly 31
allocated for the provision and installation of reliable and affordable 32
broadband that is predicated on the review of maps and the current status of 33
broadband deployment in the State of Arkansas; that the Federal 34
Communications Commission has authorized a review of mapping of broadband 35
assets for each state and there is a short timeline to be met in the 36 As Engrossed: S3/28/23 SB449
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furtherance of the state’s response to the Federal Communications Commission; 1
and that this act is immediately necessary to provide for the research and 2
assessment regarding the state’s broadband coverag e and needs, which coverage 3
is directly related to the public health, welfare, and safety of the citizens 4
of the State of Arkansas. Therefore, an emergency is declared to exist, and 5
this act being immediately necessary for the preservation of the public 6
peace, health, and safety shall become effective on: 7
(1) The date of its approval by the Governor; 8
(2) If the bill is neither approved nor vetoed by the Governor, 9
the expiration of the period of time during which the Governor may veto the 10
bill; or 11
(3) If the bill is vetoed by the Governor and the veto is 12
overridden, the date the last house overrides the veto. 13
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/s/J. English 15
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