Skip to main content Skip to office menu Skip to footer
Capital IconMinnesota Legislature

SF 1128

2nd Engrossment - 88th Legislature (2013 - 2014) Posted on 03/19/2013 09:09am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 2nd Engrossment

Line numbers 1.1 1.2 1.3 1.4 1.5 1.6
1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32 2.33 2.34 2.35 2.36 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21
3.22 3.23 3.24 3.25 3.26 3.27 3.28
3.29
3.30 3.31 3.32 3.33 3.34 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18
4.19 4.20 4.21

A bill for an act
relating to telecommunications; broadband; establishing the Office of Broadband
Development and assigning it duties; requiring reports; appropriating money;
amending Minnesota Statutes 2012, section 237.012, subdivision 3; proposing
coding for new law in Minnesota Statutes, chapter 116J.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [116J.441] OFFICE OF BROADBAND DEVELOPMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the following terms
have the meanings given them.
new text end

new text begin (b) "Broadband" or "broadband service" means any service providing advanced
telecommunications capability and Internet access with transmission speeds that, at a
minimum, meet the Federal Communications Commission definition for broadband.
new text end

new text begin (c) "Local unit of government" means any political subdivision of the state including,
without limitation, counties, statutory and home rule charter cities, and towns.
new text end

new text begin (d) "Office" means the Office of Broadband Development established in subdivision
2.
new text end

new text begin Subd. 2. new text end

new text begin Office established. new text end

new text begin An Office of Broadband Development is established in
the executive branch with a director appointed by the governor. The director serves in the
unclassified service and must be qualified by experience and training in broadband. The
office may employ staff necessary to carry out the office's duties under subdivision 4.
new text end

new text begin Subd. 3. new text end

new text begin Purpose. new text end

new text begin The purpose of the office is to encourage, foster, develop, and
improve broadband within the state in order to:
new text end

new text begin (1) drive job creation, promote innovation, and expand markets for Minnesota
businesses;
new text end

new text begin (2) serve the ongoing and growing needs of Minnesota's education systems, health
care system, public safety system, industries and businesses, governmental operations,
and citizens; and
new text end

new text begin (3) improve accessibility for underserved communities and populations.
new text end

new text begin Subd. 4. new text end

new text begin Duties. new text end

new text begin The office shall have the power and duty to:
new text end

new text begin (1) coordinate with state, regional, local, and private entities to develop, to the
maximum extent practicable, a uniform statewide broadband access and usage policy;
new text end

new text begin (2) develop, recommend, and implement a statewide plan to encourage cost-effective
broadband access, and to make recommendations for increased usage, particularly in
rural and other underserved areas;
new text end

new text begin (3) coordinate efforts, in consultation and cooperation with appropriate state
agencies, local units of government, and private entities, to meet the state's broadband
goals in section 237.012;
new text end

new text begin (4) develop, coordinate, and implement the state's broadband infrastructure
development program, including a "dig once" policy with the Department of Transportation;
new text end

new text begin (5) provide consultation services to local units of government or other project
sponsors in connection with the planning, acquisition, improvement, construction, or
development of any broadband deployment project;
new text end

new text begin (6) encourage public-private partnerships to increase deployment and adoption
of broadband services and applications, including recommending funding options and
possible incentives to encourage investment in broadband expansion;
new text end

new text begin (7) monitor the broadband development efforts of other states and nations in areas
such as business, education, public safety, and health;
new text end

new text begin (8) monitor broadband-related activities at the federal level, including regulatory and
policy changes and the potential impact on broadband deployment and sustainability in
the state;
new text end

new text begin (9) serve as an information clearinghouse for federal programs providing financial
assistance to institutions located in rural areas seeking to obtain access to high speed
broadband service, and use this information as an outreach tool to make institutions
located in rural areas that are unserved or underserved with respect to broadband service
aware of the existence of federal assistance;
new text end

new text begin (10) evaluate security, vulnerability, and redundancy actions necessary to ensure
reliability;
new text end

new text begin (11) coordinate with the Governor's Broadband Task Force;
new text end

new text begin (12) provide an annual report, as required by subdivision 5; and
new text end

new text begin (13) perform any other activities consistent with the office's purpose.
new text end

new text begin Subd. 5. new text end

new text begin Reporting. new text end

new text begin (a) Beginning on January 15, 2014, and each year thereafter,
the Office of Broadband Development shall report to the legislative committees with
jurisdiction over telecommunications policy and finance on the office's activities during
the previous year.
new text end

new text begin (b) The report shall contain, at a minimum:
new text end

new text begin (1) an analysis of the current availability and use of broadband, including average
broadband speeds, within the state;
new text end

new text begin (2) information gathered from schools, libraries, hospitals, and public safety facilities
across the state, determining the actual speed and capacity of broadband currently in use
and the need, if any, for increases in speed and capacity to meet current or anticipated needs;
new text end

new text begin (3) an analysis of incumbent broadband infrastructure within the state and its ability
to spur economic development;
new text end

new text begin (4) an analysis of the degree to which new, additional, or improved broadband
infrastructure would spur economic development in the state;
new text end

new text begin (5) a summary of the office's activities in coordinating broadband infrastructure
development;
new text end

new text begin (6) any proposed legislative and policy initiatives; and
new text end

new text begin (7) any other information requested by the legislative committees having jurisdiction
over telecommunications policy and finance, or that the office deems necessary.
new text end

new text begin (c) The report may be submitted electronically and is subject to section 3.195,
subdivision 1.
new text end

Sec. 2.

Minnesota Statutes 2012, section 237.012, subdivision 3, is amended to read:


Subd. 3.

Annual reports.

The deleted text begincommissioner of commercedeleted text end new text beginOffice of Broadband
Development
new text endmust annually by February 10 report on the achievement of the goals
under subdivisions 1 and 2 to the chairs and ranking minority members of the legislative
committees with primary jurisdiction over telecommunication issues. new text beginThe report must
also suggest policies, incentives, and legislation designed to accelerate the achievement of
the goals.
new text endThe report on goals under subdivision 1 must be made through 2015.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3. new text beginSTATE BROADBAND STRATEGY; REPORT.
new text end

new text begin The Office of Broadband Development shall conduct research and produce a report
recommending a set of programs and strategies the state can pursue to promote the
improvement, more efficient and effective use, and expansion of broadband services in
ways that will have the greatest impact on the state's economic development, by which is
meant enhancing the ability of Minnesota citizens and businesses to develop their skills,
to expand businesses to new markets, develop new products, reach more customers, and
lower costs. While the state's broadband goals in Minnesota Statutes, section 237.012,
address the universal provision of greater broadband access and speed statewide, this report
must consider broadband as an economic development tool and must examine and analyze:
new text end

new text begin (1) how the state can best use its limited resources to adopt strategies and make
investments to improve the use of broadband services by subgroups of broadband users,
including mobile broadband users, that promise to deliver the greatest economic impact
per dollar of state investment;
new text end

new text begin (2) roles the state can play in addition to financial assistance for broadband
infrastructure, including supporting education and training for Minnesotans to enable
them to use broadband more effectively; and
new text end

new text begin (3) strategies and opportunities for state investment to leverage additional amounts
of private capital and financial assistance from the federal government in order to achieve
these goals.
new text end

new text begin By January 15, 2014, the office shall submit the report to the chairs and ranking minority
members of the senate and house committees with jurisdiction over telecommunications
issues.
new text end

Sec. 4. new text beginAPPROPRIATION.
new text end

new text begin $500,000 in fiscal year 2014 and $500,000 in fiscal year 2015 are appropriated from
the general fund to the Office of Broadband Development for its operations.
new text end