Oregon Statutes 285A.154 – Oregon Broadband Advisory Council; members; compensation and expenses; powers and duties
(1) The Oregon Broadband Advisory Council is established within the Oregon Business Development Department. The council consists of 13 members appointed as follows:
Terms Used In Oregon Statutes 285A.154
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Quorum: The number of legislators that must be present to do business.
- state government: means the executive department, the judicial department and the legislative department. See Oregon Statutes 174.111
(a) The Governor shall appoint 11 members who, to the extent possible, represent geographically diverse regions of this state, as follows:
(A) One member to represent the counties of this state.
(B) One member to represent the cities of this state.
(C) Two members to represent telecommunications service providers. At least one member must represent a service provider that provides telecommunications services in rural Oregon with preference for appointment given to a service provider that is headquartered in rural Oregon.
(D) One member to represent Oregon tribes.
(E) One member to represent education or public libraries.
(F) One member to represent rural business or economic development districts.
(G) One member to represent urban business or economic development districts.
(H) One member to represent telehealth.
(I) One member to represent the digital equity interests of historically disadvantaged communities.
(J) One member to represent consumers and the public at large.
(b) The Speaker of the House of Representatives shall appoint one nonvoting member who is a member of the House of Representatives.
(c) The President of the Senate shall appoint one nonvoting member who is a member of the Senate.
(2) The term of office of each voting member is four years, but a voting member serves at the pleasure of the Governor. Before the term of a voting member expires, the Governor shall appoint a successor whose term begins on January 1 next following. A voting member is eligible for reappointment for one additional term. If there is a vacancy for any cause, the Governor shall make an appointment that becomes immediately effective for the unexpired term.
(3) The nonvoting legislative members shall serve two-year terms and are eligible for reappointment.
(4) Members of the council who are not members of the Legislative Assembly are not entitled to compensation, but voting members may be paid expenses if funding is available from contributions the Oregon Business Development Department accepts under ORS § 285A.157 (2).
(5) Members of the council who are members of the Legislative Assembly are entitled to compensation and expense reimbursement as provided in ORS § 171.072.
(6) The council shall select one of the council’s voting members as chairperson and another voting member as vice chairperson, for a two-year term. The chairperson and vice chairperson may not serve for more than two consecutive terms.
(7) A majority of the voting members of the council constitutes a quorum for transacting business.
(8) The council shall meet every three months at a place, day and hour determined by the council. The council may also meet at other times and places specified by the call of the chairperson or of a majority of the members of the council.
(9) A majority of the voting members of the council must approve official action by the council. The council may recommend legislation, public policy and solutions to address the state’s broadband needs and goals.
(10) The council shall:
(a) Advise the Oregon Broadband Office on the development and implementation of Oregon’s broadband strategy.
(b) Advise the Oregon Broadband Office on the scalability, resilience and sustainability of Oregon’s broadband infrastructure.
(c) Assist the Oregon Broadband Office in developing ideas to streamline deployment of broadband infrastructure and in ensuring continual progress toward achieving state goals.
(d) Review and update state goals regarding broadband service speeds in consideration of federal requirements and to ensure that Oregon residents and businesses are prepared for future needs.
(e) Advise the Oregon Broadband Office on best practices to guide the development and implementation of state grant programs, including project review, opportunities for appeal and project accountability.
(f) Support local governments, providers and stakeholders in project planning and development.
(g) Champion equitable statewide access and adoption of broadband services.
(11)(a) The council shall establish a grant application review committee for each grant cycle.
(b) Subject to grant rules, a grant application review committee shall review grant applications and submit directly to the Oregon Broadband Office recommendations.
(c) An individual may not serve on a grant application review committee if the individual is employed by or receives compensation from an entity that is under consideration for a grant through the Oregon Broadband Office.
(12) All agencies of state government, as defined in ORS § 174.111, shall assist the council in the performance of the council’s duties and, to the extent permitted by laws relating to confidentiality, to furnish such information and advice as the members of the council consider necessary to perform the members’ duties. [2009 c.782 § 1; 2011 c.272 § 9; 2011 c.545 § 3; 2015 c.807 § 33; 2019 c.648 § 3; 2022 c.60 § 1]
285A.154 to 285A.160 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS Chapter 285A or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
Section 2, chapter 60, Oregon Laws 2022, provides:
Notwithstanding the term of office specified by ORS § 285A.154 (2):
(1) The term of office of the members of the Oregon Broadband Advisory Council who are serving on the effective date of this 2022 Act [March 23, 2022] expires on the operative date specified in section 12 of this 2022 Act.
(2) Of the members first appointed to the Oregon Broadband Advisory Council after the operative date specified in section 12 of this 2022 Act:
(a) Five members appointed by the Governor shall serve for an initial term ending December 31, 2023.
(b) Six members appointed by the Governor shall serve for an initial term ending December 31, 2025. [2022 c.60 § 2]
[1997 c.495 § 4; renumbered 284.608 in 2007]