OK
Oklahoma Senate Bill SB802

Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB802 Compare Versions

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328
4-An Act
5-ENROLLED SENATE
29+HOUSE OF REPRESENTATIVES - FLOOR VERSION
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31+STATE OF OKLAHOMA
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33+1st Session of the 58th Legislature (2021)
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35+ENGROSSED SENATE
636 BILL NO. 802 By: Leewright and Jett of the
737 Senate
838
939 and
1040
1141 Phillips of the House
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1847 An Act relating to the Rural Broadband Expansi on
1948 Council; amending Section 3, Chapter 165, O.S.L.
2049 2020, as amended by Section 1, Chapter 167, O.S.L.
2150 2020 (17 O.S. Supp. 2020, Section 139.202) , which
2251 relates to the Rural Broadband Expansion Council ;
2352 increasing membership; adding certain tribal leader;
2453 updating statutory references; and declaring an
2554 emergency.
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30-SUBJECT: Rural Broadband Expansion Counci l
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3259 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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3460 SECTION 1. AMENDATORY Section 3, Chapter 165, O.S.L.
3561 2020, as amended by Section 1, Chapter 167, O.S.L. 2020 (17 O.S.
3662 Supp. 2020, Section 139.202), is amended to read as follows:
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3863 Section 139.202. A. There is hereby created the Rural
3964 Broadband Expansion Council.
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4165 B. The Council shall consist of fourteen (14) sixteen (16)
4266 persons to be selected as follows:
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4494 1. Three members shall be appointed by the Governor, one of
4595 whom shall be a government official who has knowledge of and
4696 experience with the technology assets and operations of the Oklahoma
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4997 Department of Transportation, OneNet and the Oklahoma Office of
5098 Management and Enterprise Services and who is not and has not been
5199 previously employed by OneNet, one of whom shall be a current or
52100 past mayor of a municipality having a population of less than
53101 twenty-five thousand (25,000) thirty-five thousand (35,000) persons
54102 according to the latest Federal Decennial Census or most recent
55103 population estimate and which is not part of either the Oklahoma
56104 City or Tulsa Metropolitan Statistical Area, and one of whom shall
57105 be a representative of a wireless telecommunications provider with
58106 operations in Oklahoma and at least twenty -four other states;
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60107 2. Four Five members shall be appointed by the Speaker of the
61108 Oklahoma House of Representatives, one of whom shall represent the
62109 interests of rural Internet service providers, one of whom shall be
63110 a private sector technology professional with expertise in broadband
64111 connectivity, access, price and related economic factors, one of
65112 whom shall represent the interests of rural health care, and one of
66113 whom shall be a representative of a wireless telec ommunications
67114 provider not affiliated with an incumbent local exchange carrier in
68115 Oklahoma and one who shall be a resident of this state and a
69116 Wireless Internet Service Provider (WISP) ;
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71144 3. Four Five members shall be appointed by the President Pro
72145 Tempore of the Oklahoma State Senate, one of whom shall be a
73146 professional having academic expertise in large -scale information
74147 technology infrastructure with emphasis on rural broadband access,
75148 one of whom shall represent the interests of rural business
76149 enterprises, one of whom shall be a citizen from a community of less
77150 than fifty thousand (50,000) persons which is not part of either the
78151 Oklahoma City or Tulsa Metropolitan Statistical Areas, and one of
79152 whom shall be a rural electric cooperative representative and one
80153 who shall be an Oklahoma resident and Tribal Leader of a tribe
81154 recognized in this state ;
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83155 4. One nonvoting member of the Oklahoma House of
84156 Representatives to be appointed by the Speaker;
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86157 5. One nonvoting member of the Oklahoma State Senate to be
87158 appointed by the President Pro Tempore; and
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89159 6. One nonvoting member to be selected by the Oklahoma
90160 Corporation Commission who has expertise in administration of the
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93161 Universal Service Fund, but who is not an elected member of the
94162 Commission.
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96163 C. The Council shall hold an organizational meeting not later
97164 than sixty (60) days from the effective date of this act May 22,
98165 2020, and shall select from its membership a chair and vice -chair or
99166 co-chairs. The chair of the Council shall be a person who is not a
100167 government employee or public official.
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102195 D. A quorum of the membership of the Council shall be necessary
103196 in order to take any final action pursuant to the provisions of this
104197 act.
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106198 E. The Council shall be subject to the Oklahoma Open Meeting
107199 Act and the Oklahoma Ope n Records Act.
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109200 F. The Rural Broadband Expansion Council shall conduct a study
110201 of rural broadband access in the state and shall divide the state
111202 into separate geographic areas based on the information it obtains
112203 regarding existing capability for persons an d businesses to access
113204 broadband telecommunication services, the cost for obtaining the
114205 services from existing service providers, the estimated costs for
115206 improving rural broadband access, the likelihood of changes in rural
116207 broadband access in the near and intermediate future based on
117208 available information regarding private or public sector plans or
118209 programs to create or enhance broadband access in rural areas, the
119210 need for change in state or local law or policy that impacts the
120211 ability for persons or busine ss entities in rural areas to access
121212 broadband services at a reasonable price and such other information
122213 as the Council may determine to be relevant in order to establish
123214 the geographic areas.
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125215 G. The Council shall incorporate the information as described
126216 in subsection F of this section into a mapping system that depicts
127217 resources, broadband coverage, connectivity speeds and such other
128218 features as the Council deems relevant.
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130246 H. The Council shall undertake a study of incentives or
131247 programs that would have t he effect of improving existing rural
132248 broadband access and establishing broadband access to areas which
133249 currently do not have such access. The incentives or programs may
134250 include federal funds, tribal funds or resources, donated funds or
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137251 funding available from foundations, endowments or similar sources,
138252 state or local tax incentives, state or local financing incentives
139253 or options or federal, tribal, state or local regulatory policies
140254 that would be conducive to improving existing broadband access or
141255 establishing such access where it does not currently exist.
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143256 I. The Council shall have the right to obtain information from
144257 the Oklahoma Corporation Commission or other state agencies, to the
145258 extent information requested is not required to be kept confidential
146259 pursuant to some other requirement, regarding any of the matters as
147260 specified in this section relevant to the Council 's duties.
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149261 J. The Council shall have the right to obtain information from
150262 counties, cities, towns, school districts, career technology
151263 districts, public trusts, or other entities or instrumentalities of
152264 local government, to the extent information requested is not
153265 required to be kept confidential pursuant to some other requirement,
154266 regarding any of the matters as specified in this section releva nt
155267 to the Council's duties.
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157268 K. The Council shall utilize the geographic areas it
158269 establishes pursuant to this act the Oklahoma Rural Broadband
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159297 Expansion Act in order to develop its recommendations regarding the
160298 implementation of policies that are conduciv e to establishing or
161299 improving rural broadband access in the state.
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163300 L. The Council shall focus on the financial viability of
164301 broadband service providers so that a broadband network is
165302 adequately supported in its operations, that needed repairs and
166303 upgrades can be undertaken on a timely basis and that the goal of
167304 having a quality long -term broadband service delivery system for
168305 rural areas is achieved and maintained.
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170306 M. The Council shall give emphasis to maintaining the viability
171307 of the Oklahoma Universal S ervice Fund and give consideration to
172308 whether similar universal funds should be implemented in order to
173309 facilitate broadband expansion and operational costs for underserved
174310 areas.
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176311 N. The Council shall give emphasis to the prevention of
177312 duplication of facilities and investment when it makes policy
178313 recommendations. The Council shall establish objective standards in
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181314 order to determine whether the construction of rural broadband
182315 access constitutes duplication of facilities and investment and also
183316 the role of any recommended incentives that would benefit entities
184317 in the private sector so that public resources are effectively
185318 utilized and that duplication of efforts is avoided.
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187319 O. The Oklahoma Department of Commerce shall create a dedicated
188320 webpage or website i n order to allow public access to the actions
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189348 and recommendations of the Council. The webpage or website shall
190349 contain the mapping system required by subsection G of this section
191350 and its related information.
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193351 P. The Oklahoma Department of Commerce shall p rovide
194352 administrative support to the Council and shall utilize the Digital
195353 Transformation Program Revolving Fund for expenses related to such
196354 administrative support as provided by Section 36 of Title 62 of the
197355 Oklahoma Statutes.
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199356 Q. The Rural Broadband Exp ansion Council shall submit an annual
200357 report, not later than January 31, summarizing discussions,
201358 testimony, analysis, information or other actions and significant
202359 events during the preceding calendar year and containing the
203360 recommendations, if any, by the Council for legislation, action by
204361 executive branch agencies or other actions in furtherance of the
205362 mission and duties of the Council. The report shall be submitted to
206363 the Governor, the Speaker of the Oklahoma House of Representatives
207364 and the President Pro Tempore of the Oklahoma State Senate.
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209365 SECTION 2. It being immediately necessary for the preservation
210366 of the public peace, health or safety, an emergency is hereby
211367 declared to exist, by reason whereof this act shall take effect and
212368 be in full force from and after its passage and approval.
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216-Passed the Senate the 9th day of March, 2021.
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220- Presiding Officer of the Senate
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223-Passed the House of Representatives the 21st day of April, 2021.
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227- Presiding Officer of the House
228- of Representatives
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230-OFFICE OF THE GOVERNOR
231-Received by the Office of the Governor this _______ _____________
232-day of _________________ __, 20_______, at _______ o'clock _______ M.
233-By: _______________________________ __
234-Approved by the Governor of the State of Oklahoma this _____ ____
235-day of _________________ __, 20_______, at _______ o'clock _______ M.
236-
237- _________________________________
238- Governor of the State of Oklahoma
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241-OFFICE OF THE SECRETARY OF STATE
242-Received by the Office of the Secretary of State this _______ ___
243-day of __________________, 20 _______, at _______ o'clock _______ M.
244-By: _______________________________ __
370+COMMITTEE REPORT BY: COMMITTEE ON TECHNOLOGY, dated 03/31/2021 - DO
371+PASS, As Coauthored.