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2022 Regular Session
SENATE BILL NO. 455
BY SENATOR BOUDREAUX
INTERNET. Provides for broadband connectivity. (8/1/22)
1 AN ACT
2 To amend and reenact R.S. 51:1362(A), 1365, and R.S. 44:4.1(B)(35) and to enact R.S.
3 51:1363.1, relative to internet; to provide for broadband connectivity; to provide for
4 development and implementation of a plan to provide access to broadband internet;
5 and to provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 51:1362(A) and 1365 are hereby amended and reenacted and R.S.
8 51:1363.1 is hereby enacted to read as follows:
9 §1362. The office of broadband and connectivity
10 A. There is hereby created within the office of the governor division of
11 administration the office of broadband and connectivity. The head of the office
12 shall be the executive director of broadband and connectivity. who shall be appointed
13 by the governor to serve at his pleasure. The appointment shall be subject to Senate
14 confirmation.
15 * * *
16 §1363.1. Mapping areas for broadband service
17 A.(1) The office of broadband and connectivity shall secure information
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 455
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1 from any entity, public or private, providing internet service to at least one
2 location in the state to assist the office in compiling a statewide parish by parish
3 broadband map identifying the locations and capability of broadband service
4 in the state. At the request of the office, any such entity shall submit to the
5 office, on or before the date required for submission to the federal government,
6 broadband deployment information containing the same information and in the
7 same format the information is submitted to the Federal Communications
8 Commission, in a manner specified by the office.
9 (2) Any entity, public or private, providing internet service to at least one
10 location in the state, that does not comply with the requirements of this Section
11 or submits inaccurate information, may be ineligible to participate in, or receive
12 any funding from, any state-administered grant program designated for
13 broadband infrastructure deployment in the state in the calendar year of
14 noncompliance and the following calendar year.
15 (3) Any location in the state purportedly served by any entity, public or
16 private, providing internet service to at least one location in the state, that does
17 not comply with the requirements of this Section may be considered to have
18 internet access service of less than twenty-five megabits per second for
19 download and three megabits per second for upload.
20 B. Information compiled pursuant to the provisions of this Section shall
21 be exempt from the Public Records Law and shall be considered confidential,
22 proprietary, and a trade secret of the internet service provider providing the
23 information.
24 * * *
25 §1365. Termination
26 The provisions of this Chapter shall terminate at twelve o'clock midnight on
27 June 30, 2023 2026, and shall thereafter have no effect.
28 * * *
29 Section 2. R.S. 44:4.1(B)(35) is hereby amended and reenacted to read as
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words in boldface type and underscored are additions. SB NO. 455
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1 follows:
2 §4.1. Exceptions
3 * * *
4 B. The legislature further recognizes that there exist exceptions, exemptions,
5 and limitations to the laws pertaining to public records throughout the revised
6 statutes and codes of this state. Therefore, the following exceptions, exemptions, and
7 limitations are hereby continued in effect by incorporation into this Chapter by
8 citation:
9 * * *
10 (35) R.S. 51:710.2(B), 705, 706, 936, 1363.1, 1404, 1926, 1934, 2113, 2182,
11 2262, 2318, 2389
12 * * *
The original instrument was prepared by Thomas L. Tyler. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Xavier Alexander.
DIGEST
SB 455 Engrossed 2022 Regular Session Boudreaux
Present law creates the office of broadband and connectivity (office) within the office of the
governor.
Proposed law moves the office from the office of the governor to the division of
administration.
Present law provides that the head of the office shall be appointed by the governor subject
to Senate confirmation.
Proposed law deletes present law.
Proposed law provides that the office of broadband and connectivity shall secure information
from any entity providing internet service to at least one location in the state to compile a
statewide broadband map.
Proposed law provides that at the request of the office of broadband and connectivity, any
entity providing internet service, shall submit to the office broadband deployment
information containing the same information in the same format in which the information
is submitted to the Federal Communication commission.
Proposed law provides that any entity providing internet service to at least one location in
this state that internet service providers that does not comply with the reporting requirements
or provides inaccurate information may be ineligible to participate in, or receive funding
from, any state-administered grant program designated for broadband infrastructure
deployment in the state in the calendar year of noncompliance and the following calendar
year.
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words in boldface type and underscored are additions. SB NO. 455
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Proposed law provides that any location in the state purportedly served by any entity,
providing internet service to at least one location in the state, that does not comply with the
requirements of present law may be considered to have internet access service of less than
25 megabits per second for download and three megabits per second for upload.
Proposed law exempts from public records the information submitted by internet service
providers to the office.
Present law sunsets the office at 12 o'clock midnight on June 30, 2023.
Proposed law deletes present law and sunsets the office at 12 o'clock midnight on June 30,
2026.
Effective August 1, 2022.
(Amends R.S. 51:1362, 1365, and R.S. 44:4.1(B)(35) and adds R.S. 51:1363.1)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Commerce, Consumer
Protection, and International Affairs to the original bill
1. Make technical changes.
2. Moves the office of broadband development and connectivity from the office
of the governor to the division of administration.
3. Requires internet service providers to report certain information to the office
of broadband and connectivity.
4. Provides internet service providers may be ineligible for certain grants if they
do not comply with reporting requirements or provide inaccurate information
to the office of broadband and connectivity.
5. Provides that a potentially served location now in compliance with proposed
law requirements may be considered unserved.
6. Exempts from public records the information submitted by the internet
service providers to the office of broadband and connectivity.
7. Sunsets the office of broadband and connectivity on June 30, 2026.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.