HLS 202ES-103 REENGROSSED
2020 Second Extraordinary Session
HOUSE BILL NO. 74
BY REPRESENTATIVES DESHOTEL, ADAMS, AMEDEE, BEAULLIEU,
BOURRIAQUE, BUTLER, CARRIER, GARY CARTER, ROBBY CARTER, COX,
CREWS, DAVIS, DEVILLIER, ECHOLS, EDMONDS, EMERSON, FARNUM,
FREIBERG, GADBERRY, GAROFALO, GOUDEAU, HARRIS, IVEY,
JEFFERSON, MIKE JOHNSON, JONES, KERNER, LYONS, MAGEE,
MCCORMICK, MCKNIGHT, MCMAHEN, MIGUEZ, NEWELL, ORGERON,
CHARLES OWEN, PIERRE, RISER, ROMERO, SCHAMERHORN,
SCHEXNAYDER, SELDERS, STEFANSKI, THOMPSON, TURNER, WHITE,
AND WRIGHT AND SENATORS JOHNS AND MIZELL
TELECOMMUNICATIONS: Creates the state office of broadband (Item #39)
1 AN ACT
2To enact R.S. 36:4(CC), R.S. 49:968(B)(21)(d), and Chapter 12 of Title 51 of the Louisiana
3 Revised Statutes of 1950, to be comprised of R.S. 51:1361 through 1364, relative to
4 the office of broadband and connectivity; to place the office within the executive
5 branch; to provide definitions; to provide for the appointment and termination of an
6 executive director; to require reporting; to provide for functions, powers, and duties;
7 to establish contract authority; and to provide for related matters.
8Be it enacted by the Legislature of Louisiana:
9 Section 1. R.S. 36:4(CC) is hereby enacted to read as follows:
10 §4. Structure of executive branch of state government
11 * * *
12 CC. The office of broadband and connectivity (R.S. 51:1361 et seq.) shall
13 be placed within the office of the governor and shall perform and exercise its powers,
14 duties, functions, and responsibilities as provided by law.
15 Section 2. R.S. 49:968(B)(21)(d) is hereby enacted to read as follows:
16 §968. Review of agency rules; fees
17 * * *
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1 B.
2 * * *
3 (21)
4 * * *
5 (d) The office of broadband and connectivity shall submit the report to the
6 House Committee on Commerce and the Senate Committee on Commerce,
7 Consumer Protection, and International Affairs.
8 * * *
9 Section 3. Chapter 12 of Title 51 of the Louisiana Revised Statutes of 1950,
10comprised of R.S. 51:1361 through 1364, is hereby enacted to read as follows:
11 CHAPTER 12. THE OFFICE OF BROADBAND AND CONNECTIVITY
12 §1361. Definitions
13 When used in this Chapter:
14 (1) "Connectivity" means the capacity for the interconnection of platforms,
15 systems, and applications. It includes but is not limited to systems that utilize cable,
16 fiber, lines, satellites, sound waves, or wire to transmit information.
17 (2) "Government agency" means any department, office, council, or agency
18 of the federal, state, or local government, or any public benefit corporation or
19 authority authorized by law.
20 (3) "Office" means the office of broadband and connectivity.
21 (4) "Person" means any natural or juridical person, including corporations.
22 §1362. The office of broadband and connectivity
23 A. There is hereby created within the office of the governor the office of
24 broadband and connectivity. The head of the office shall be the executive director
25 of broadband and connectivity and shall be appointed by the governor from a list of
26 three candidates nominated by the Joint Legislative Committee on Technology and
27 Cybersecurity. Any vacancy occurring for this appointment shall be filled in the
28 same manner as the original appointment. The governor shall have the authority to
29 terminate the executive director and shall provide written notice of the termination
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1 to the nominating committee, except in cases of gross negligence or willful
2 misconduct by the executive director.
3 B. The executive director shall employ necessary staff to carry out the duties
4 and functions of the office as provided in this Chapter, or as otherwise provided by
5 law.
6 C. On or before February first of each year, the executive director shall
7 prepare and submit to the governor, the House Committee on Commerce, the Senate
8 Committee on Commerce, Consumer Protection, and International Affairs, and the
9 Joint Legislative Committee on Technology and Cybersecurity, a comprehensive
10 report to include, at a minimum, the following information:
11 (1) Activities undertaken by the office during the previous year.
12 (2) Data concerning broadband and other connectivity services in this state
13 and expansion and deployment of these services.
14 (3) An assessment of the current availability and accessibility of broadband
15 and other connectivity services in the state.
16 (4) A mapping initiative to identify availability of broadband to every home
17 and business in the state.
18 (5) Availability and description of public or private grants available for the
19 expansion or enhancement of broadband services and other connectivity services in
20 the state.
21 (6) Recommendations for legislative proposals.
22 (7) Identification of resources to assist the office in performing its functions
23 and duties.
24 D. The governor shall direct that all state agencies provide the executive
25 director with assistance in advancing the purpose of the office and assure that the
26 activities of the office are fully coordinated with the activities of state agencies
27 providing related services.
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1 §1363. Functions, powers, and duties
2 The office of broadband and connectivity, by and through the executive
3 director or his employees, shall have the following functions, powers, and duties:
4 (1) To provide comprehensive information relating to broadband and
5 connectivity in the state upon request to any person or government agency.
6 (2) To promote and encourage broadband adoption for households that have
7 not accessed services.
8 (3) To study and identify barriers to households that have not adopted
9 broadband services.
10 (4) To advise and assist any person or government agency in addressing
11 particular broadband and connectivity needs, including cooperative efforts among
12 such persons and agencies.
13 (5) To develop a mapping initiative that provides for a local-level
14 methodology that precisely maps the availability of broadband services to every
15 home and business in the state.
16 (6) To research programs relating to broadband and connectivity services
17 and receive notification from every person and government agency engaged in the
18 provision of broadband and connectivity services of program descriptions,
19 appropriation data, and application procedures. The office shall maintain a listing
20 of existing programs and advise persons or government agencies of their existence.
21 (7) To assist, upon request, applicant persons or government agencies in
22 obtaining timely and efficient responses from state and federal agencies; to assist the
23 applicants in consideration of program grant strategies; to assist state and federal
24 agencies in cooperative approaches to address the needs of the applicants; and to
25 provide technical assistance to government agencies in formulating and
26 implementing broadband expansion and connectivity programs.
27 (8) To encourage the assistance of the private sector, including broadband
28 service providers, to effectuate the deployment and access to broadband and other
29 connectivity services to all residents of the state.
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1 (9) To assist the governor and the legislature in the development and
2 integration of a broadband deployment plan and long-range plans to more effectively
3 and efficiently provide access to any new connectivity options.
4 (10) To analyze and make recommendations concerning proposed state
5 legislation or programs that may affect the expansion of broadband and other
6 connectivity services.
7 (11) To apply for, receive, and administer grants or financial assistance from
8 persons or government agencies.
9 (12) To adopt and promulgate such rules and regulations, procedures,
10 instructions, and forms as are deemed necessary to implement the functions, powers,
11 and duties imposed upon the office by this Chapter in accordance with the provisions
12 of the Administrative Procedure Act.
13 (13) To do all things necessary or convenient to carry out the functions,
14 powers, and duties expressly set forth in this Chapter.
15 §1364. Contract authority
16 The office is hereby empowered to enter into any agreement or contract with
17 any persons or government agencies necessary or convenient to carry out the
18 provisions of this Chapter.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 74 Reengrossed 2020 Second Extraordinary Session Deshotel
Abstract: Creates the office of broadband and connectivity.
Proposed law creates the office of broadband and connectivity (office), places it within the
office of the governor, and requires the office to report to the governor and various
committees.
Proposed law provides definitions.
Proposed law establishes appointment and termination procedures for the executive director,
and allows the executive director to employ staff to carry out the duties of proposed law.
Proposed law requires the executive director to submit an annual report to the legislature
which is to contain certain information regarding the activities of the office, data and
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assessments relative to broadband and connectivity, a mapping initiative, information on
available grants, recommendations for legislation, and needed resources to achieve the duties
set out in proposed law.
Proposed law requires the governor to direct other state agencies to assist the office.
Proposed law provides for the functions, powers, and duties of the office which serve to
advance the expansion and accessibility of broadband and other connectivity services in the
state, and provides the office the authority to contract with persons and government agencies
in order to carry out those duties.
(Adds R.S. 36:4(CC), R.S. 49:968(B)(21)(d), and R.S. 51:1361-1364)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Commerce to the
original bill:
1. Make technical changes.
The House Floor Amendments to the engrossed bill:
1. Make technical changes.
2. Require the governor to provide written notice of termination of the executive
director to the nominating committee, instead of requiring the concurrence of the
nominating committee.
3. Add additional duties to the office of broadband and connectivity.
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