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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 1123 By: Bashore
AS INTRODUCED
An Act relating to broadband; amending Section 3,
Chapter 229, O.S.L. 2022 (74 O.S. Supp. 2024, Section
9202), which relates to the broadband governing
board; modifying certain funding source; amending
Section 10, Chapter 229, O.S.L. 2022 (74 O.S. Supp.
2024, Section 9209), which relates to the state
broadband grant program; deleting State Broadband
Grant Program Revolving Fund; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY Section 3, Chapter 229, O.S.L.
2022 (74 O.S. Supp. 2024, Section 9202), is amended to read as
follows:
Section 9202. A. 1. There is hereby created until June 30,
2028, the Broadband Governing Board. The Board shall oversee the
Oklahoma Broadband Office. Effective June 30, 2028, the Board shall
terminate. The Board shall utilize the year prior to the
termination date for the purpose of ceasing the Board's affairs.
2. The Board shall receive regular reports from the Office's
Executive Director and the Executive Director's staff on the status
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of the Statewide Broadband Plan, the State Broadband Grant Program,
other developed grant programs, and other projects the Office is
undertaking, during regularly scheduled meetings.
B. The Board shall consist of nine (9) members. Two members
shall be appointed by the Speaker of the Oklahoma House of
Representatives, two members shall be appointed by the President Pro
Tempore of the Oklahoma State Senate, three members shall be
appointed by the Governor, one member shall be the Lieutenant
Governor, and one member shall be the State Treasurer. Except as
provided in subsection C of this section, appointees shall serve
until June 30, 2028. No individual with an official affiliation,
paid or unpaid, with any potential recipient of a grant administered
under the provisions of this act, shall be appointed to or serve on
the Board.
C. Each appointee shall serve at the pleasure of his or her
appointing authority and may be removed or replaced without cause.
D. 1. The Board shall hold an organizational meeting not later
than thirty (30) days from the effective date of this act. At such
meeting, the Board shall adopt qualifications and a salary range for
an Executive Director for the Oklahoma Broadband Office based on the
recommendations of the Human Capital Management Division of the
Office of Management and Enterprise Services, and provide for the
process of filling the position in a reasonable time in accordance
with the laws of this state.
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2. The Board shall hold meetings as necessary at a place and
time to be fixed by the Board. The Board shall elect, at its first
meeting, one of its members to serve as chair and another of its
members to serve as vice-chair. At the first meeting in each
calendar year thereafter, the chair and vice-chair for the ensuing
year shall be elected. Special meetings may be called by the chair
or by five members of the Board by delivery of written notice to
each member of the Board. A majority of members serving on the
Board shall constitute a quorum of the Board.
E. If a Board member is unable to fulfill his or her term for
any reason, the appointing authority of such member may appoint a
replacement to complete the remainder of the term.
F. The Board shall be subject to the Oklahoma Open Meeting Act
and the Oklahoma Open Records Act.
G. The Board shall employ, evaluate, and maintain an Executive
Director of the Office who shall serve at the pleasure of the Board
and may be removed or replaced without cause.
H. The Board shall promulgate rules as necessary to implement
the provisions of the Oklahoma Broadband Expansion Act and for the
governance and operation of the Oklahoma Broadband Office.
I. The Board shall approve or disapprove all grant and
incentive programs created by the Office under the provisions of
this act or under law.
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J. The Board shall oversee the annual budget for the Office,
which shall be funded from the allowed administrative expenses of
applicable federal programs and funds available for expenditure from
the State Broadband Grant Program Revolving Fund created pursuant to
Section 10 of this act.
K. The Board shall approve the Statewide Broadband Plan and
updates to the Plan as necessary.
SECTION 2. AMENDATORY Section 10, Chapter 229, O.S.L.
2022 (74 O.S. Supp. 2024, Section 9209), is amended to read as
follows:
Section 9209. A. The Office, with the participation and advice
of the Broadband Expansion Council and approval from the Board,
shall establish the State Broadband Grant Program. The Program
shall include development of competitive grants to be awarded to
applicants seeking to expand access to broadband Internet services
in this state, focusing on areas considered unserved and underserved
by the FCC. The Office, Council, and Board shall examine best
practices in other states to facilitate the framework of the
Program. The Office shall administer the Program.
B. No grants shall be developed or awarded under the provisions
of this program that would duplicate existing broadband Internet
services in this state.
C. In the administration of the grant program authorized by
this section, the Office shall secure service testing data to ensure
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grant recipients provide the service or services proposed by such
recipients when applying for such grants.
D. All grant awards authorized pursuant to the provisions of
this section shall include a clawback provision. For purposes of
this subsection, a "clawback provision" shall mean a condition
precedent to participate in the program whereby a grant recipient
formally agrees to reimburse the program all or part of a grant
award upon the failure of the recipient to fulfill contract terms
included in the grant award.
E. There is hereby created in the State Treasury a revolving
fund for the Office to be designated the "State Broadband Grant
Program Revolving Fund". The revolving fund shall be a continuing
fund, not subject to fiscal year limitations, and shall consist of
all monies designated for deposit to said fund. All monies accruing
to the credit of said revolving fund are hereby appropriated and may
be budgeted and expended by the Office for purposes of awarding
grants by and through the Office pursuant to subsection A of this
section and for the operating expenses of the Office.
SECTION 3. This act shall become effective November 1, 2025.
60-1-10365 JBH 12/28/24