2022 Regular Session ENROLLED
SENATE BILL NO. 455
BY SENATOR BOUDREAUX
1 AN ACT
2 To amend and reenact R.S. 51:1361(3), 1362(A), the introductory paragraph of R.S.
3 51:1363, 1365, the title of Chapter 12 of Title 51 of the Louisiana Revised Statutes
4 of 1950, and R.S. 44:4.1(B)(35) and to enact R.S. 51:1363.1, relative to internet; to
5 provide for the office of broadband development and connectivity; to provide for
6 development and implementation of a plan to provide access to broadband internet;
7 to provide for the functions and responsibilities of the office of broadband
8 development and connectivity; to provide for the termination date of the office; to
9 provide for effectiveness; and to provide for related matters.
10 Be it enacted by the Legislature of Louisiana:
11 Section 1. R.S. 51:1361(3), 1362(A), the introductory paragraph of R.S. 51:1363,
12 1365, and the title of Chapter 12 of Title 51 of the Louisiana Revised Statutes of 1950 are
13 hereby amended and reenacted and R.S. 51:1363.1 is hereby enacted to read as follows:
14 CHAPTER 12. THE OFFICE OF BROADBAND DEVELOPMENT
15 AND CONNECTIVITY
16 §1361. Definitions
17 When used in this Chapter, the following terms apply:
18 * * *
19 (3) "Office" means the office of broadband development and connectivity.
20 * * *
21 §1362. The office of broadband development and connectivity
22 A. There is hereby created within the office of the governor division of
23 administration the office of broadband development and connectivity. The head
24 of the office shall be the executive director of broadband development and
25 connectivity. who shall be appointed by the governor to serve at his pleasure. The
26 appointment shall be subject to Senate confirmation.
ACT No. 760
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2 §1363. Functions, powers, and duties
3 The office of broadband development and connectivity, by and through the
4 executive director or his employees, shall have the following functions, powers, and
5 duties:
6 * * *
7 §1363.1. Mapping areas for broadband service
8 A.(1) The office of broadband development and connectivity shall secure
9 information from any entity, public or private, providing internet service to at
10 least one location in the state to assist the office in compiling a statewide parish
11 by parish broadband map identifying the locations and capability of broadband
12 service in the state. At the request of the office, any such entity shall submit to
13 the office, on or before fifteen days following the expiration of the date required
14 for submission to the federal government, broadband deployment information
15 containing the same information and in the same format the information is
16 submitted to the Federal Communications Commission, in a manner specified
17 by the office. In no instance shall an entity be required to provide any data
18 beyond that which it is required to provide to the Federal Communications
19 Commission.
20 (2) Any entity, public or private, providing internet service to at least one
21 location in the state, that does not comply with the requirements of this Section
22 or submits inaccurate information, may be ineligible to participate in, or receive
23 any funding from, any state-administered grant program designated for
24 broadband infrastructure deployment in the state in the calendar year of
25 noncompliance and the following calendar year.
26 (3) Any location in the state purportedly served by any entity, public or
27 private, providing internet service to at least one location in the state, that does
28 not comply with the requirements of this Section may be considered to have
29 internet access service of less than twenty-five megabits per second for
30 download and three megabits per second for upload.
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1 (4) Any broadband availability data provided in accordance with this
2 Section shall strictly be used for the purpose of identifying served, underserved,
3 and unserved areas to aid in the administration of the "Granting Unserved
4 Municipalities Broadband Opportunities" program, and for no other purpose
5 whatsoever.
6 (5) Any entity submitting broadband data to the office of broadband
7 development and connectivity as required by this Section may review the
8 proposed draft of the state broadband map and submit any necessary corrective
9 data to the office prior to the publication or utilization of the state broadband
10 map for any state-administered grant program designated for broadband
11 infrastructure deployment in the state.
12 (6) Any entity submitting broadband data to the office of broadband
13 development and connectivity as required by this Section may challenge any
14 area ultimately deemed eligible for any state-administered grant program
15 designated for broadband infrastructure deployment in the state that overlaps
16 with an entity's verified service territory.
17 B.(1) The office may contract with a private entity or third-party
18 consultant to develop and maintain the state broadband map. Any contract
19 entered into by the office and a private entity or third-party consultant for the
20 purpose of developing and maintaining the state broadband map shall include
21 a confidentiality agreement prohibiting the disclosure of any broadband data
22 provided in accordance with this Section.
23 (2) Information compiled pursuant to the provisions of this Section is
24 exempt from the Public Records Law and is considered confidential,
25 proprietary, and a trade secret of the entity providing the information. The
26 office, including any private entity or third-party consultant retained or
27 employed pursuant to this Section, shall keep strictly confidential and shall not
28 disclose, or cause or permit to be disclosed, to any third person, private entity,
29 or public body as defined by R.S. 44:1, any broadband availability data
30 provided in accordance with this Section. The office, including any private
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1 entity or third-party consultant retained or employed pursuant to this Section,
2 shall take all actions reasonably necessary to ensure that the broadband
3 availability data remains strictly confidential and is not disclosed to or seen,
4 used, or obtained by any third person, private entity or public body as defined
5 by R.S. 44:1.
6 C. The requirements of this Section shall terminate under any one of the
7 following conditions, whichever occurs first:
8 (1) Upon a determination by the office of broadband development and
9 connectivity that it is no longer necessary to compile a statewide parish by
10 parish broadband map identifying the locations and capability of broadband
11 service in the state.
12 (2) At midnight on December 31, 2026.
13 D. The office may promulgate rules necessary to carry out the provisions
14 of this Section in accordance with the provisions of the Administrative
15 Procedure Act.
16 E. The office shall not hire more than one additional full-time employee
17 to carry out the provisions of the Section.
18 * * *
19 §1365. Termination
20 The provisions of this Chapter shall terminate at twelve o'clock midnight on
21 June 30, 2023 2028, and shall thereafter have no effect.
22 * * *
23 Section 2. R.S. 44:4.1(B)(35) is hereby amended and reenacted to read as follows:
24 §4.1. Exceptions
25 * * *
26 B. The legislature further recognizes that there exist exceptions, exemptions,
27 and limitations to the laws pertaining to public records throughout the revised
28 statutes and codes of this state. Therefore, the following exceptions, exemptions, and
29 limitations are hereby continued in effect by incorporation into this Chapter by
30 citation:
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2 (35) R.S. 51:710.2(B), 705, 706, 936, 1363.1, 1404, 1926, 1934, 2113, 2182,
3 2262, 2318, 2389
4 * * *
5 Section 3. This Act shall become effective upon signature by the governor or, if not
6 signed by the governor, upon expiration of the time for bills to become law without signature
7 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
8 vetoed by the governor and subsequently approved by the legislature, this Act shall become
9 effective on the day following such approval.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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