Req. No. 8948 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF OKLAHOMA 2nd Session of the 58th Legislature (2022) HOUSE BILL 3175 By: Phillips AS INTRODUCED An Act relating to technology; creating a new title; enacting the Oklahoma Low Income Broadband Assistance Program Act; defining terms; directing the State Broadband Coordinator 's Office to establish an Oklahoma Low Income Broadband Assistance Program ; directing the State Broadband Coordinator 's Office to coordinate with local administrative agencies to determine eligibility; setting income limitations; directing for payment of monthly credit; ex cluding eligibility for those enrolled i n other programs; creating bill payment requirements; authorizing State Broadband Coordinator 's Office to adopt rules; providing for noncodification; providing for codification; and providing an effective date . BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. NEW LAW A new section of law not to be codified in the Oklahoma Statutes reads as foll ows: In publishing the decennial Oklahoma Statutes , and the cumulative supplements after July 1, 2022, West Publishing Company shall include in such decennial statutes a nd supplements a new Title 75A, to be designated "Technology". Req. No. 8948 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SECTION 2. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 1001 of Title 75A, unless there is created a duplication in numbering, reads as follows: This act shall be known and may be cited as the "Oklahoma Low Income Broadband Assistance Program Act". SECTION 3. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 1002 of Title 75A, unless there is created a duplication in numbering, reads as follows: As used in this act: 1. "Broadband service" means a high speed service connection to the public Internet capable of supporting, in at least one direction, a speed in excess of 200 kilobits per second ( Kbps) to the network demarcation poi nt at the subscriber 's premises; 2. "Office" means the State Broadband Coordinator 's Office; 3. "Economic unit" means all adult individuals contributing to and sharing in the income and expenses of a household ; 4. "Family" or "household" means any individual or group of individuals who live tog ether at the same address as one economic unit; and 5. "Federal poverty level " means the poverty guidelines updated periodically in the Federal Register by the U.S. Department of Health and Human Services. These guidelines set poverty levels by family size. Req. No. 8948 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SECTION 4. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 1003 of Title 75A, unless there is created a duplication in numbering, reads as follows: The State Broadband Coordinator 's Office shall establish an Oklahoma Low Income Broadband Assistance Program to ensure the availability and affordability of broadband service to low -income families. The Office shall coordinate with local administrative agencies to determine eligibility for the Program ; provided that eligible income shall be no more than one hundred fifty percent (150%) of the federal poverty level . SECTION 5. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 1004 of Title 75A, unless there is created a duplication in numbe ring, reads as follows: A. Families whose annual household income is at or below one hundred thirty-five percent (135%) of the federal poverty level shall be eligible for free broadband service. B. A credit of at least Nine Dollars and ninety-five cents ($9.95) a month for broadband services shall be payable monthly to: 1. Families whose annual household income is above one hundred thirty-five percent (135%) of the federal poverty level but no greater than one hundred fifty percent (150%) of the federal poverty level; and Req. No. 8948 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2. Families that include at least one adult person or dependent child who qualifies for or received benefits under one of the following programs: a. Supplemental Nutrition Assistance Program , b. Supplemental Security Income program , c. Veterans Pension and Survivors Benefits Programs, d. Federal Public Housing Assistance Program , e. Tribal Programs for Native Americans, or f. National School Lunch Program. Credit amounts provided under this subsection may be adjusted according to family size as prescribed by the State Broadband Coordinator's Office. C. Families who receive a discount for broadband service under the federal Lifeline program or any other state Internet service subsidy program shall n ot be eligible to participate in the Oklahoma Low Income Broadband Assistance Program if they elect to remain enrolled in the aforementioned programs . SECTION 6. NEW LAW A n ew section of law to be codified in the Oklahoma Statutes a s Section 1005 of Title 75A, unless there is created a duplication in numbering, reads as follows: To be eligible for free broadband service or a monthly credit for broadband service under this act, an applicant must provide proof of eligibility in the for m and manner prescribed by the State Broadband Coordinator 's Office. Req. No. 8948 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SECTION 7. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 1006 of Title 75A, unless there is created a duplication in numbering, r eads as follows: A. For each family enrolled in the Oklahoma Low Income Broadband Assistance Program, the State Broadband Coordinator 's Office shall remit, through the local administrative agencies, to the broadband service provider that portion of the fa mily's bill that is not the responsibility of the family. For purposes of this section, payment is due on the date specified on the family 's bill. The Office, Oklahoma Tax Commission, and local administrative agencies shall adopt processes that provide f or the timely payment required by this section. B. Each family that receives a credit for broadband service under subsection B of Section 5 of this act is responsible for all actual charges for broadband service in excess of the credit provided under subsection B of Section 5 of this act. The Office may terminate a program participant 's eligibility for the credit available under subsection B of Section 5 of this act upon notification by the broadband serv ice provider that the participant's monthly service payment is more than forty-five (45) days past due. SECTION 8. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 1007 of Title 75A, unless there is created a duplication in numbering, reads as follows: Req. No. 8948 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 The State Broadband Coordinator's Office may adopt any rules necessary to implement the provisions of this act. SECTION 9. This act shall become effective November 1, 2022. 58-2-8948 MJ 01/12/22