Missouri HB 1396: Enacts provisions relating to the department of transportation's fiber network

Bill Text

FIRST REGULAR SESSION
HOUSE BILL NO. 1396
103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE RIGGS.
2968H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
To amend chapter 227, RSMo, by adding thereto one new section relating to the department
of transportation's fiber network.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 227, RSMo, is amended by adding thereto one new section, to be
2 known as section 227.675, to read as follows:
227.675. 1. The provisions ofthis sectionshallbe known andmay be cited asthe
2 "Department of Transportation Fiber Network Expansion Act".
3 2. For purposes of this section, the following terms mean:
4 (1) "Commission", the Missouri highways and transportation commission;
5 (2) "Department", the Missouri department of transportation.
6 3. The commission may enter into public-private partnerships with private
7 broadband internet service providers to expand and further develop the department's
8 fiber network.
9 4. Thecommissionshallprioritizeexpansionanddevelopmentunderthissection
10 in unserved areas and underserved areas, as such terms are defined in section 620.2450.
11 5. The commission shall use a competitive procurement process to form public-
12 private partnerships under this section. The commission shall publish a public notice of
13 the commission's request for proposals, including any deadline for submission of such
14 proposals, which shall be published once a week for two consecutive weeks in:
15 (1) A newspaper of general circulation in the city where the proposed project is
16 located;
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language.

17 (2) At least one technology industry trade publication that is nationally
18 distributed; and
19 (3) Such other publications or manner as the commission may determine.
20 6. As part of a contract award under this section, the private partnering entity
21 may use the excess fiber capacity to provide internet services as long as the services
22 provided meet the state minimum standard for broadband set by the department of
23 economic development.
24 7. Thecommissionmaypromulgateanyrulestoimplementtheprovisionsofthis
25 section. Any rule or portion of a rule, as that term is defined in section 536.010, that is
26 created under the authority delegated in this section shall become effective only if it
27 complies with and is subject to all of the provisions of chapter 536 and, if applicable,
28 section 536.028. This section and chapter 536 arenonseverable and if any of the powers
29 vested with the general assembly pursuant to chapter 536 to review, to delay the
30 effective date, or to disapprove and annul a rule are subsequently held unconstitutional,
31 then the grant of rulemaking authority and any rule proposed or adopted after August
32 28, 2025, shall be invalid and void.
✔
HB 1396 2