Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 304 Second Substitute (2021GS)

Sponsor

Rep. Dailey-Provost, J.

Final action

House/ filed 3/5/2021

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• defines terms;
• creates the Digital Equity Program (program) within the State Library Division (division);
• describes the program objectives and activities;
• grants rulemaking authority to the division to accomplish program objectives; and
• designates the broadband director within the Governor's Office of Economic Development to coordinate the development of broadband infrastructure.

Every vote on this bill

Bill text

DIGITAL OPPORTUNITY ACCESS AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jennifer Dailey-Provost
Senate Sponsor: 
 Scott D. Sandall
LONG TITLE
General Description:
This bill implements measures to increase broadband infrastructure, digital access, and
digital equity.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ creates the Digital Equity Program (program) within the State Library Division
(division);
▸ describes the program objectives and activities;
▸ grants rulemaking authority to the division to accomplish program objectives; and
▸ designates the broadband director within the Governor's Office of Economic
Development to coordinate the development of broadband infrastructure.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
9-7-205
, as last amended by Laws of Utah 2017, Chapter 48
63N-3-501
, as enacted by Laws of Utah 2018, Chapter 182
ENACTS:
9-7-218
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
9-7-205
 is amended to read:
9-7-205.
Duties of board and director.
(1) The board shall:
(a) promote, develop, and organize a state library and make provisions for [
its
] 
the state
library's
 housing;
(b) promote and develop library services throughout the state in cooperation with other
state or municipal libraries, schools, or other agencies wherever practical;
(c) promote the establishment of district, regional, or multicounty libraries as
conditions within particular areas of the state may require;
(d) supervise the books and materials of the state library and require the keeping of
careful and complete records of the condition and affairs of the state library;
(e) establish policies for the administration of the division and for the control,
distribution, and lending of books and materials to those libraries, institutions, groups, or
individuals entitled to them under this chapter;
(f) serve as the agency of the state for the administration of state or federal funds that
may be appropriated to further library development within the state;
(g) aid and provide general advisory assistance in the development of statewide school
library service and encourage contractual and cooperative relations between school and public
libraries;
(h) give assistance, advice, and counsel to all tax-supported libraries within the state
and to all communities or persons proposing to establish a tax-supported library and conduct
courses and institutes on the approved methods of operation, selection of books, or other
activities necessary to the proper administration of a library;
(i) furnish or contract for the furnishing of library or information service to state
officials, state departments, or any groups that in the opinion of the director warrant the
furnishing of those services, particularly through the facilities of traveling libraries to those
parts of the state otherwise inadequately supplied by libraries;
(j) where sufficient need exists and if the director considers it advisable, establish and
maintain special departments in the state library to provide services for the blind, visually
impaired, persons with disabilities, and professional, occupational, and other groups;
(k) administer a depository library program by collecting state publications, and
providing a bibliographic information system;
(l) require the collection of information and statistics necessary to the work of the state
library and the distribution of findings and reports;
(m) make any report concerning the activities of the state library to the governor as the
governor may require; and
(n) develop standards for public libraries.
(2) The director shall, under the policy direction of the board[
,
]
:
(a)
 carry out the responsibilities under Subsection (1)[
.
]
; and
(b) appoint the director of digital equity and oversee the Digital Equity Program as
described in Section 
9-7-218
.
Section 2. Section 
9-7-218
 is enacted to read:
 9-7-218.
Digital Equity Program -- Definitions -- Creation -- Objectives --
Administration -- Activities.
(1) As used in this section:
(a) "Digital access" means access to an Internet connection and computing device.
(b) "Digital divide" means the difference between the opportunities and resources
available to individuals who have digital access and individuals who lack digital access.
(c) "Digital equity" means the condition of individuals and communities having the
capacity and sufficient resources for full participation in the economy, democracy, and society.
(d) "Digital literacy" means an individual's ability to find, evaluate, and compose clear
information through the use of information and communication technology.
(e) (i) "Information and communication technology" means technology related to
digital access.
(ii) "Information and communication technology" includes:
(A) hardware;
(B) the Internet;
(C) broadcast technology other than the Internet; and
(D) software.
(f) "Hardware" includes:
(i) a desktop computer;
(ii) a laptop computer;
(iii) a smartphone; or
(iv) a tablet.
(g) "Program" means the Digital Equity Program created in this section.
(2) There is created within the division the Digital Equity Program, administered by the
director of digital equity.
(3) (a) The director of digital equity, under the general supervision of the division
director, shall direct the program.
(b) The director of digital equity shall have experience in digital literacy or other
experience related to addressing the digital divide.
(4) The director of digital equity shall seek to accomplish the following objectives
through administration of the program:
(a) promoting digital access, digital literacy, and digital safety;
(b) in coordination with the broadband director described in Section 
63N-3-501
 and the
Utah Education and Telehealth Network described in Section 
53B-17-105
, promoting the
development of broadband Internet and soliciting input on strategies to increase access to and
the adoption of broadband Internet;
(c) providing statewide strategic leadership and coordination related to digital access;
and
(d) building the local capacity to increase digital access and digital literacy.
(5) The program shall target the activities described in Subsection (4) to individuals
most affected by the digital divide, including individuals who:
(a) live in rural areas;
(b) have disabilities;
(c) are senior citizens;
(d) are Native Americans;
(e) have economic barriers to digital resources;
(f) are homeless; or
(g) are refugees.
(6) When developing methods and partnerships necessary to accomplish the objectives
described in Subsection (4), the director of digital equity shall seek the expertise and input of
the broadband director and other stakeholders and community partners including:
(a) the telecommunications industry;
(b) the Utah Education and Telehealth Network;
(c) the Utah State Board of Education;
(d) school districts;
(e) the Department of Transportation;
(f) the Legislature;
(g) the judiciary;
(h) local government;
(i) the disability advocacy community; and
(j) advocates for low-income housing.
(7) The division shall provide administrative services to the program.
(8) To accomplish the objectives described in Subsection (4), the division shall:
(a) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act; and
(b) enter into agreements with and coordinate the activities of government agencies,
the Governor's Office of Economic Development, the Utah Education and Technology
Network, the Department of Transportation, and other entities as necessary to carry out the
program.
Section 3. Section 
63N-3-501
 is amended to read:
63N-3-501.
Broadband director -- Infrastructure and broadband coordination.
(1) (a) The executive director shall appoint a broadband director.
(b) The broadband director, under the direction of the executive director, shall work
with community partners to expand and improve broadband infrastructure and adoption of
broadband in the state.
[
(1)
] 
(2)
 [
The office
] 
The broadband director,
 shall partner with the Automated
Geographic Reference Center created in Section 
63F-1-506
 to collect and maintain a database
and interactive map that displays economic development data statewide, including:
(a) voluntarily submitted broadband availability, speeds, and other broadband data;
(b) voluntarily submitted public utility data;
(c) workforce data, including information regarding:
(i) enterprise zones designated under Section 
63N-2-206
;
(ii) business resource centers;
(iii) public institutions of higher education; and
(iv) procurement technical assistance centers;
(d) transportation data, which may include information regarding railway routes,
commuter rail routes, airport locations, and major highways;
(e) lifestyle data, which may include information regarding state parks, national parks
and monuments, United States Forest Service boundaries, ski areas, golf courses, and hospitals;
and
(f) other relevant economic development data as determined by the office, including
data provided by partner organizations.
[
(2)
] 
(3)
 [
The office
] 
The broadband director
 may:
(a) make recommendations to state and federal agencies, local governments, the
governor, and the Legislature regarding policies and initiatives that promote the development
of broadband-related infrastructure in the state and help implement those policies and
initiatives;
(b) facilitate coordination between broadband providers and public and private entities;
(c) collect and analyze data on broadband availability and usage in the state, including
Internet speed, capacity, the number of unique visitors, and the availability of broadband
infrastructure throughout the state;
(d) create a voluntary broadband advisory committee, which shall include broadband
providers and other public and private stakeholders, to solicit input on broadband-related policy
guidance, best practices, and adoption strategies;
(e) work with broadband providers, state and local governments, and other public and
private stakeholders to facilitate and encourage the expansion and maintenance of broadband
infrastructure throughout the state; and
(f) in accordance with the requirements of Title 63J, Chapter 5, Federal Funds
Procedures Act, and in accordance with federal requirements:
(i) apply for federal grants;
(ii) participate in federal programs; and
(iii) administer federally funded broadband-related programs.
(4) The broadband director shall coordinate with the director of digital equity to make
recommendations for and facilitate the objectives of the Digital Equity Program created in
Section 
9-7-218
.