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28	28	STATE OF OKLAHOMA
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30	30	1st Session of the 60th Legislature (2025)
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32	32	HOUSE BILL 1123 By: Bashore
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38	38	AS INTRODUCED
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40	40	An Act relating to broadband; amending Section 3,
41	41	Chapter 229, O.S.L. 2022 (74 O.S. Supp. 2024, Section
42	42	9202), which relates to the broa dband governing
43	43	board; modifying certain funding source; amending
44	44	Section 10, Chapter 229, O.S.L. 2022 (74 O.S. Supp.
45	45	2024, Section 9209), which relates to the state
46	46	broadband grant program; deleting State Broadband
47	47	Grant Program Revolving Fund; and providing an
48	48	effective date.
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54	54	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
55	55	SECTION 1. AMENDATORY Section 3, Chapter 229, O.S.L.
56	56	2022 (74 O.S. Supp. 2024, Section 9202), is amended to read as
57	57	follows:
58	58	Section 9202. A. 1. There is hereby created until June 30,
59	59	2028, the Broadband Governing Board. The Board shall oversee the
60	60	Oklahoma Broadband Office. Effective June 30, 2028, the Board shall
61	61	terminate. The Board shall utilize the year prior to the
62	62	termination date for the purpose of ceasing the Board 's affairs.
63	63	2. The Board shall receive re gular reports from the Office 's
64	64	Executive Director and the Executive Director 's staff on the status
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91	91	of the Statewide Broadband Plan, the State Broadband Grant Program,
92	92	other developed grant programs, and other projects the Office is
93	93	undertaking, during regularly scheduled meetings.
94	94	B. The Board shall consist of nine (9) members. Two members
95	95	shall be appointed by the Speaker of the Oklahoma House of
96	96	Representatives, two members s hall be appointed by the President Pro
97	97	Tempore of the Oklahoma State Senate, t hree members shall be
98	98	appointed by the Governor, one member shall be the Lieutenant
99	99	Governor, and one member shall be the State Treasurer. Except as
100	100	provided in subsection C of this section, appointees shall serve
101	101	until June 30, 2028. No individual with an official affiliation,
102	102	paid or unpaid, with any potential recipient of a grant administered
103	103	under the provisions of this act, shall be appointed to or serve on
104	104	the Board.
105	105	C. Each appointee shall serve at the pleasure of his or her
106	106	appointing authority a nd may be removed or replaced without cause.
107	107	D. 1. The Board shall hold an organizational meeting not later
108	108	than thirty (30) days from the effective date of this act. At such
109	109	meeting, the Board shall adopt qualifications and a salary range for
110	110	an Executive Director for the Oklahoma Broadband Office based on the
111	111	recommendations of the Human Capital Management Division of the
112	112	Office of Management and Enterprise Services, and prov ide for the
113	113	process of filling the position in a reasonable time in accordance
114	114	with the laws of this state.
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141	141	2. The Board shall hold meetings as necessary at a place and
142	142	time to be fixed by the Board. The Board shall elect, at its first
143	143	meeting, one of its members to serve as chair and another of its
144	144	members to serve as vice -chair. At the first meeting in each
145	145	calendar year thereafter, the chair and vice -chair for the ensuing
146	146	year shall be elected. Special meetings may be called by the chair
147	147	or by five members of the Board by delivery of written notice to
148	148	each member of the Board. A majority of members serving on the
149	149	Board shall constitute a quorum of the Board.
150	150	E. If a Board member is unable to fulfill his or her term for
151	151	any reason, the appointing aut hority of such member may appoint a
152	152	replacement to complete the remainder of the term.
153	153	F. The Board shall be subject to the Oklahoma Open Meeting Act
154	154	and the Oklahoma Open Records Act.
155	155	G. The Board shall employ, evaluate, and maintain an Executive
156	156	Director of the Office who shall serve at the pleasure of the Board
157	157	and may be removed or replaced without cause.
158	158	H. The Board shall promulgate rules as necessary to implement
159	159	the provisions of the Oklahoma Broadband Expansion Act and for the
160	160	governance and operation of the Oklahoma Broadband Office.
161	161	I. The Board shall approve or disapprove all grant and
162	162	incentive programs created by the Office under the provisions of
163	163	this act or under law.
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190	190	J. The Board shall oversee the annual budget for the Office,
191	191	which shall be funded from the allowed administrative expenses of
192	192	applicable federal pr ograms and funds available for expenditure from
193	193	the State Broadband Grant Program Revolving Fund created pursuant to
194	194	Section 10 of this act .
195	195	K. The Board shall approve the State wide Broadband Plan and
196	196	updates to the Plan as necessary.
197	197	SECTION 2. AMENDATORY Section 10, Chapter 229, O.S.L.
198	198	2022 (74 O.S. Supp. 2024, Section 9209), is amended to read as
199	199	follows:
200	200	Section 9209. A. The Office, with the partic ipation and advice
201	201	of the Broadband Expansion Council and approval from the Bo ard,
202	202	shall establish the State Broadband Grant Program. The Program
203	203	shall include development of competitive grants to be awarded to
204	204	applicants seeking to expand access to broad band Internet services
205	205	in this state, focusing on areas considered unserved and underserved
206	206	by the FCC. The Office, Council, and Board shall examine best
207	207	practices in other states to facilitate the framework of the
208	208	Program. The Office shall administer th e Program.
209	209	B. No grants shall be developed or awarded under the provisions
210	210	of this program that would duplicate existing broadband Internet
211	211	services in this state.
212	212	C. In the administration of the grant program authorized by
213	213	this section, the Office shall secure service testing data to ensure
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240	240	grant recipients provide the service or services proposed by such
241	241	recipients when applying for such grants.
242	242	D. All grant awards authorized pursuant to the provisions of
243	243	this section shall include a clawback provision . For purposes of
244	244	this subsection, a "clawback provision" shall mean a condition
245	245	precedent to participate in the program whereby a grant recipient
246	246	formally agrees to reimburse the program all or part of a grant
247	247	award upon the failure of the recipient to f ulfill contract terms
248	248	included in the grant award.
249	249	E. There is hereby created in the State Treasury a revolving
250	250	fund for the Office to be designated the "State Broadband Grant
251	251	Program Revolving Fund ". The revolving fund shall be a continuing
252	252	fund, not subject to fiscal year limitations, and shall consist of
253	253	all monies designated f or deposit to said fund. All monies accruing
254	254	to the credit of said revolving fund are hereby appropriated and may
255	255	be budgeted and expended by the Office for purposes of awarding
256	256	grants by and through the Office pursuant to subsection A of this
257	257	section and for the operating expenses of the Office.
258	258	SECTION 3. This act shall become effective November 1, 2025.
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260	260	60-1-10365 JBH 12/28/24

Oklahoma 2025 Regular Session

Oklahoma House Bill HB1123 Compare Versions