Bill Summary – FastDemocracy

Stricken language would be deleted from and underlined language would be added to present law.
 State of Arkansas                    As Engrossed:      S3/28/23
 94th General Assembly                        A Bill
 Regular Session, 2023                                                             SENATE BILL 449
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 By: Senator J. English
 By: Representatives Haak, R. Scott Richardson
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                                   For An Act To Be Entitled
                  AN ACT TO CREATE THE ARKANSAS BROADBAND ADVISORY
                  COUNCIL; TO ADVISE THE DEPARTMENT OF COMMERCE IN
                  DEVELOPMENT AND OVERSIGHT OF THE BROADBAND POLICY FOR
                  THE STATE OF ARKANSAS; TO DECLARE AN EMERGENCY; AND
                  FOR OTHER PURPOSES.
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                                                 Subtitle
                          TO CREATE THE ARKANSAS BROADBAND ADVISORY
                          COUNCIL; AND TO DECLARE AN EMERGENCY.
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 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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         SECTION 1.       TEMPORARY LANGUAGE.        DO NOT CODIFY.       Arkansas Broadband
 Advisory Council – Creation – Membership – Duties.
         (a)   There is created the Arkansas Broadband Advisory Council.
         (b)(1)      The council shall consist of sixteen (16) members as follows:
                          (A)   Twelve (12) members appointed by the Governor with
 advice from the Secretary of the Department of Commerce, and subject to
 confirmation by the Senate, as follows:
                                (i)     One (1) member who is a representative of the
 Arkansas Farm Bureau Federation;
                                (ii)    One (1) member who is a representative of the
 Arkansas State Chamber of Commerce;
                                (iii)     One (1) member who is a representative of the
 banking community in the state;
                                (iv)    One (1) member who is a representative of the
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     As Engrossed:       S3/28/23                                                        SB449
 healthcare industry in the state;
                                (v)     One (1) member who is a representative of the
 Arkansas Association of Educational Administrators who has broadband
 experience;
                                (vi)     One (1) member who is a representative of the
 Arkansas State Library who has broadband experience;
                                (vii)    One (1) member who is a representative of the
 Association of Arkansas Counties;
                                (viii)     One (1) member who is a representative of the
 Arkansas Municipal League;
                                (ix)     One (1) member who is a representative of
 either law enforcement or emergency management;
                                (x)     One (1) member who is a representative of
 Heartland Forward; and
                                (xi)     Two (2) private citizens of the State of
 Arkansas;
                       (B)   The Chief Workforce Officer or his or her designee;
                       (C)   The Director of the Division of Higher Education or
 his or her designee;
                       (D)   The Commissioner of Elementary and Secondary Education
 of the Department of Education or his or her designee;
                       (E)   The Director of the Division of Workforce Services or
 his or her designee; and
                       (F)   The Secretary of the Department of Human Services or
 his or her designee.
               (2)    All members shall serve on the council for a term of five
 (5) years.
               (3)    If a vacancy occurs on the council, the vacancy shall be
 filled by the same process as the original appointment.
               (4)    An individual appointed to serve as a member of the council
 or his or her spouse shall not:
                       (A)   Be a representative of an internet service provider;
                       (B)   Have a financial interest in an internet service
 provider; or
                       (C)   Be employed by an internet service provider.
      (c)     Members of the council shall serve without compensation but may
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     As Engrossed:          S3/28/23                                                   SB449
 receive reimbursement under § 25-16-902, through the Department of Commerce.
         (d)(1)     The Secretary of the Department of Commerce shall call the
 first meeting of the council within thirty (30) days of sine die adjournment
 of the 2023 Regular Session and shall serve as chair at the first meeting.
                  (2)    At the first meeting of the council, the members of the
 council shall elect from the council’s membership a chair or cochairs and
 other officers as needed for the transaction of its business.
                  (3)(A)     The council shall meet at the Arkansas State Broadband
 Office.
                           (B)   Meetings of the council shall be held at least one (1)
 time every three (3) months, but may meet more often at the call of the chair
 or cochairs.
                  (4)(A) The council shall adopt rules and procedures for
 transacting its business.
                           (B)   A majority of the members of the council shall
 constitute a quorum for transacting business of the council.
         (e)   The council may create subcommittees as needed to complete its
 work.
         (f)   The Arkansas State Broadband Office shall provide staff, meeting
 space, and materials for the council.
         (g)   The purpose of the council is to provide stakeholder input to the
 State Broadband Manager and the Secretary of the Department of Commerce
 regarding the federal Broadband Equity, Access, and Deployment Program and
 its applicability to the State of Arkansas, including without limitation the
 issues of connectivity, affordability, and digital literacy.
         (h)   To achieve this purpose, the council shall research and assess the
 following:
                  (1)    The needs, barriers, issues, and goals for broadband access;
                  (2)    The needs and use of broadband in Arkansas’s education
 systems, health care system, agriculture and energy sectors, industries and
 businesses, libraries, governmental operations, public safety, and other key
 economic sectors;
                  (3)    Digital literacy definitions, along with benefits, needs and
 strategies for addressing implementation;
                  (4)      Broadband availability and accessibility for unserved and
 underserved populations;
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     As Engrossed:          S3/28/23                                                      SB449
                  (5)    Advances in technologies used to deploy services;
                  (6)    Opportunities to coordinate with federal, state, and local
 agencies; and
                  (7)    A review of the continued adequacy and appropriateness of
 existing statutory broadband goals.
      (i)(1)        The council shall also conduct a study to assess the:
                          (A)   Use of mobile wireless technology to augment efforts
 in broadband deployment and adoption; and
                          (B)   Existence of geographic gaps in Arkansas for wireless
 technology.
            (2)     The council shall submit a report concerning the study under
 this subsection to the Secretary of the Department of Commerce, the Speaker
 of the House of Representatives, and the President Pro Tempore of the Senate
 within six (6) months of commencement of the study.
      (j)     The council shall serve in an advisory capacity to the State
 Broadband Manager, and in this advisory role may:
                  (A)    Review broadband grant decisions prior to submission of the
 broadband grants to the Legislative Council or the Joint Budget Committee for
 review and approval, in order to ensure transparency, accountability, and
 geographic diversity in the broadband grants; and
                  (B)    Provide guidance on policy and intergovernmental relations
 and other public relations matters; and
      (k)     On or before December 1 each year, the council shall file with the
 Governor, the Speaker of the House of Representatives, and the President Pro
 Tempore of the Senate a report of its activities, findings, and
 recommendations.
      (l)     The council shall expire on December 31, 2028.
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      SECTION 2.          EMERGENCY CLAUSE.       It is found and determined by the
 General Assembly of the State of Arkansas that the State of Arkansas will
 likely be the recipient of a large amount of federal funding directly
 allocated for the provision and installation of reliable and affordable
 broadband that is predicated on the review of maps and the current status of
 broadband deployment in the State of Arkansas; that the Federal
 Communications Commission has authorized a review of mapping of broadband
 assets for each state and there is a short timeline to be met in the
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     As Engrossed:    S3/28/23                                                 SB449
 furtherance of the state’s response to the Federal Communications Commission;
 and that this act is immediately necessary to provide for the research and
 assessment regarding the state’s broadband coverage and needs, which coverage
 is directly related to the public health, welfare, and safety of the citizens
 of the State of Arkansas. Therefore, an emergency is declared to exist, and
 this act being immediately necessary for the preservation of the public
 peace, health, and safety shall become effective on:
            (1)    The date of its approval by the Governor;
            (2)    If the bill is neither approved nor vetoed by the Governor,
 the expiration of the period of time during which the Governor may veto the
 bill; or
            (3)    If the bill is vetoed by the Governor and the veto is
 overridden, the date the last house overrides the veto.
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