Representative Keven J. Stratton proposes the following substitute bill:




Chief Sponsor: Jennifer Dailey-Provost

Senate Sponsor: Scott D. Sandall


8     General Description:
9          This bill implements measures to increase broadband infrastructure, digital access, and
10     digital equity.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms;
14          ▸     creates the Digital Equity Program (program) within the State Library Division
15     (division);
16          ▸     describes the program objectives and activities; and
17          ▸     grants rulemaking authority to the division to accomplish program objectives.
18     Money Appropriated in this Bill:
19          None
20     Other Special Clauses:
21          None
22     Utah Code Sections Affected:
23     AMENDS:
24          9-7-205, as last amended by Laws of Utah 2017, Chapter 48
25     ENACTS:

26          9-7-218, Utah Code Annotated 1953

28     Be it enacted by the Legislature of the state of Utah:
29          Section 1. Section 9-7-205 is amended to read:
30          9-7-205. Duties of board and director.
31          (1) The board shall:
32          (a) promote, develop, and organize a state library and make provisions for [its] the state
33     library's housing;
34          (b) promote and develop library services throughout the state in cooperation with other
35     state or municipal libraries, schools, or other agencies wherever practical;
36          (c) promote the establishment of district, regional, or multicounty libraries as
37     conditions within particular areas of the state may require;
38          (d) supervise the books and materials of the state library and require the keeping of
39     careful and complete records of the condition and affairs of the state library;
40          (e) establish policies for the administration of the division and for the control,
41     distribution, and lending of books and materials to those libraries, institutions, groups, or
42     individuals entitled to them under this chapter;
43          (f) serve as the agency of the state for the administration of state or federal funds that
44     may be appropriated to further library development within the state;
45          (g) aid and provide general advisory assistance in the development of statewide school
46     library service and encourage contractual and cooperative relations between school and public
47     libraries;
48          (h) give assistance, advice, and counsel to all tax-supported libraries within the state
49     and to all communities or persons proposing to establish a tax-supported library and conduct
50     courses and institutes on the approved methods of operation, selection of books, or other
51     activities necessary to the proper administration of a library;
52          (i) furnish or contract for the furnishing of library or information service to state
53     officials, state departments, or any groups that in the opinion of the director warrant the
54     furnishing of those services, particularly through the facilities of traveling libraries to those
55     parts of the state otherwise inadequately supplied by libraries;
56          (j) where sufficient need exists and if the director considers it advisable, establish and

57     maintain special departments in the state library to provide services for the blind, visually
58     impaired, persons with disabilities, and professional, occupational, and other groups;
59          (k) administer a depository library program by collecting state publications, and
60     providing a bibliographic information system;
61          (l) require the collection of information and statistics necessary to the work of the state
62     library and the distribution of findings and reports;
63          (m) make any report concerning the activities of the state library to the governor as the
64     governor may require; and
65          (n) develop standards for public libraries.
66          (2) The director shall, under the policy direction of the board[,]:
67          (a) carry out the responsibilities under Subsection (1)[.]; and
68          (b) appoint the director of digital equity and oversee the Digital Equity Program as
69     described in Section 9-7-218.
70          Section 2. Section 9-7-218 is enacted to read:
71          9-7-218. Digital Equity Program -- Definitions -- Creation -- Objectives --
72     Administration -- Activities.
73          (1) As used in this section:
74          (a) "Digital access" means access to an Internet connection and computing device.
75          (b) "Digital divide" means the difference between the opportunities and resources
76     available to individuals who have digital access and individuals who lack digital access.
77          (c) "Digital equity" means the condition of individuals and communities having the
78     capacity and sufficient resources for full participation in the economy, democracy, and society.
79          (d) "Digital literacy" means an individual's ability to find, evaluate, and compose clear
80     information through the use of information and communication technology.
81          (e) (i) "Information and communication technology" means technology related to
82     digital access.
83          (ii) "Information and communication technology" includes:
84          (A) hardware;
85          (B) the Internet;
86          (C) broadcast technology other than the Internet; and
87          (D) software.

88          (f) "Hardware" includes:
89          (i) a desktop computer;
90          (ii) a laptop computer;
91          (iii) a smartphone; or
92          (iv) a tablet.
93          (g) "Program" means the Digital Equity Program created in this section.
94          (2) There is created within the division the Digital Equity Program, administered by the
95     director of digital equity.
96          (3) (a) The director of digital equity, under the general supervision of the division
97     director, shall direct the program.
98          (b) The director of digital equity shall have experience in digital literacy or other
99     experience related to addressing the digital divide.
100          (4) The director of digital equity shall seek to accomplish the following objectives
101     through administration of the program:
102          (a) promoting digital access, digital literacy, and digital safety;
103          (b) in coordination with the Governor's Office of Economic Development and the Utah
104     Education and Telehealth Network described in Section 53B-17-105, promoting the
105     development of broadband Internet and soliciting input on strategies to increase access to and
106     the adoption of broadband Internet;
107          (c) providing statewide strategic leadership and coordination related to digital access;
108          (d) building the local capacity to increase digital access and digital literacy; and
109          (e) in collaboration with the stakeholders described in Subsection (6), developing a
110     plan to promote statewide digital equity that includes the following elements:
111          (i) an assessment of areas and populations with high need of digital access;
112          (ii) an assessment of opportunities for providing digital access to the areas and
113     populations described in subsection (4)(e)(i);
114          (iii) a proposed set of statewide objectives for state entities to prioritize and promote
115     digital equity;
116          (iv) a process to document and provide a central point of access for local best practices
117     related to increasing digital equity; and
118          (v) based on the elements described in Subsections (i) through (iv), a list of policy

119     options for the state.
120          (5) The program shall target the activities described in Subsection (4) to individuals
121     most affected by the digital divide, including individuals who:
122          (a) live in rural areas;
123          (b) have disabilities;
124          (c) are senior citizens;
125          (d) are Native Americans;
126          (e) have economic barriers to digital resources;
127          (f) are homeless; or
128          (g) are refugees.
129          (6) When developing methods and partnerships necessary to accomplish the objectives
130     described in Subsection (4), the director of digital equity shall seek the expertise and input of
131     the Governor's Office of Economic Development and other stakeholders and community
132     partners including:
133          (a) the telecommunications industry;
134          (b) the Utah Education and Telehealth Network;
135          (c) the Utah State Board of Education;
136          (d) school districts;
137          (e) the Department of Transportation;
138          (f) the Legislature;
139          (g) the judiciary;
140          (h) local government;
141          (i) the disability advocacy community; and
142          (j) advocates for low-income housing.
143          (7) The division shall provide administrative services to the program.
144          (8) To accomplish the objectives described in Subsection (4), the division shall:
145          (a) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
146     Rulemaking Act; and
147          (b) enter into agreements with and coordinate the activities of government agencies,
148     the Governor's Office of Economic Development, the Utah Education and Technology
149     Network, the Department of Transportation, and other entities as necessary to carry out the

150     program.
151          (9) (a) The division shall present the plan described in Subsection (4)(e) to the Public
152     Utilities, Energy, and Technology Interim Committee on or before November 1, 2021.
153          (b) Upon receipt of the plan described in Subsection (4)(e), the Public Utilities, Energy,
154     and Technology Interim Committee may:
155          (i) review the plan and provide feedback; and
156          (ii) make recommendations for legislation based on the plan.