Senate File 60 - Introduced SENATE FILE 60 BY SODDERS A BILL FOR An Act relating to the coordination of, access to, and 1 availability of broadband via fiberoptic network 2 infrastructure throughout the state. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1386XS (5) 86 ad/sc
S.F. 60 Section 1. Section 8B.1, Code 2015, is amended by adding the 1 following new subsections: 2 NEW SUBSECTION . 01. “Broadband” means a high-speed, 3 high-capacity electronic transmission medium that can carry 4 data signals from multiple independent network sources by 5 establishing different bandwidth channels and that is commonly 6 used to deliver internet services to the public. 7 NEW SUBSECTION . 001. “Communications service provider” 8 means a service provider that provides broadband service using 9 fiberoptic network infrastructure. 10 NEW SUBSECTION . 0001. “Fiberoptic network infrastructure” 11 means the physical infrastructure used for the transmission 12 of data via broadband over fiberoptic networks, including 13 but not limited to any fiberoptic cable equipment, systems, 14 switches, routers, conduits, servers, software, technology, 15 base transceiver station sites, or other equipment used to 16 transmit broadband communications via fiberoptics. “Fiberoptic 17 network infrastructure” does not include land, buildings, 18 structures, improvements, or equipment not directly used in the 19 transmission of data via broadband over fiberoptic networks. 20 NEW SUBSECTION . 7A. “Targeted underserved service area” 21 means one or more homes or businesses that do not have 22 access to broadband service provided by fiberoptic network 23 infrastructure. 24 Sec. 2. Section 8B.1, subsection 1, Code 2015, is amended 25 to read as follows: 26 1. “Information technology” means computing and electronics 27 applications used to process and distribute information in 28 digital and other forms and includes information technology 29 devices, information technology services, infrastructure 30 services, broadband and fiberoptic network infrastructure, and 31 value-added services. 32 Sec. 3. Section 8B.3, subsection 1, Code 2015, is amended 33 to read as follows: 34 1. The office is created for the purpose of leading, 35 -1- LSB 1386XS (5) 86 ad/sc 1/ 6
S.F. 60 directing, managing, coordinating, and providing accountability 1 for the information technology resources of state government 2 and for coordinating statewide broadband availability and 3 access provided by fiberoptic network infrastructure . 4 Sec. 4. Section 8B.4, Code 2015, is amended by adding the 5 following new subsection: 6 NEW SUBSECTION . 14A. Streamline, consolidate, and 7 coordinate the access to and availability of broadband via 8 fiberoptic network infrastructure throughout the state, 9 including but not limited to developing policies and 10 recommendations for expanding the installation of fiberoptic 11 network infrastructure in targeted underserved service areas 12 of the state, facilitating public-private partnerships, 13 ensuring that all state agencies’ broadband and fiberoptic 14 network infrastructure policies and procedures are aligned, 15 promoting accountability regarding broadband and fiberoptic 16 network infrastructure availability and access, integrating 17 broadband with cyber security standards and rules, resolving 18 issues which arise with regard to implementation efforts, 19 collecting data and developing metrics or standards against 20 which the data may be measured and evaluated regarding 21 fiberoptic network infrastructure installation and deployment, 22 and identifying options regarding the creation of standing 23 resources for stakeholders, such as a fiberoptic database or a 24 fiberoptic network conduit installation coordination effort for 25 state-funded construction projects. 26 Sec. 5. Section 8B.9, Code 2015, is amended by adding the 27 following new subsection: 28 NEW SUBSECTION . 5. An annual report regarding the status of 29 broadband expansion and coordination via fiberoptic networks. 30 Sec. 6. Section 8D.3, subsection 2, paragraph a, Code 2015, 31 is amended to read as follows: 32 a. The commission is composed of five voting members 33 appointed by the governor and subject to confirmation by the 34 senate. Members Voting members of the commission shall not 35 -2- LSB 1386XS (5) 86 ad/sc 2/ 6
S.F. 60 serve in any manner or be employed by an authorized user of the 1 network or by an entity seeking to do or doing business with 2 the network. 3 (1) The governor shall appoint a voting member as the 4 chairperson of the commission from the five voting members 5 appointed by the governor , subject to confirmation by the 6 senate. 7 (2) Members Voting members of the commission shall serve 8 six-year staggered terms as designated by the governor and 9 appointments to the commission are subject to the requirements 10 of sections 69.16 , 69.16A , and 69.19 . Vacancies shall be 11 filled by the governor for the duration of the unexpired term. 12 (3) The salary of the voting members of the commission shall 13 be twelve thousand dollars per year, except that the salary 14 of the chairperson shall be seventeen thousand dollars per 15 year. Members Voting members of the commission shall also be 16 reimbursed for all actual and necessary expenses incurred in 17 the performance of duties as members. The benefits and salary 18 paid to the voting members of the commission shall be adjusted 19 annually equal to the average of the annual pay adjustments, 20 expense reimbursements, and related benefits provided under 21 collective bargaining agreements negotiated pursuant to chapter 22 20 . 23 Sec. 7. Section 8D.3, subsection 2, paragraph b, Code 2015, 24 is amended to read as follows: 25 b. In addition to the members appointed by the governor, 26 the The auditor of state or the auditor’s designee and the 27 chief information officer appointed pursuant to section 8B.2 28 or the chief information officer’s designee shall serve as a 29 nonvoting, ex officio member members of the commission. 30 Sec. 8. Section 8D.4, Code 2015, is amended to read as 31 follows: 32 8D.4 Executive director appointed. 33 The commission, in consultation with the director of 34 the department of administrative services and the chief 35 -3- LSB 1386XS (5) 86 ad/sc 3/ 6
S.F. 60 information officer , shall appoint an executive director of 1 the commission, subject to confirmation by the senate. Such 2 individual shall not serve as a member of the commission. 3 The executive director shall serve at the pleasure of the 4 commission. The executive director shall be selected primarily 5 for administrative ability and knowledge in the field, without 6 regard to political affiliation. The governor shall establish 7 the salary of the executive director within range nine as 8 established by the general assembly. The salary and support of 9 the executive director shall be paid from funds deposited in 10 the Iowa communications network fund. 11 Sec. 9. Section 80.28, subsection 2, Code 2015, is amended 12 to read as follows: 13 2. The board shall consist of fifteen seventeen voting 14 members, as follows: 15 a. The following members representing state agencies: 16 (1) One member representing the department of public 17 safety. 18 (2) One member representing the state department of 19 transportation. 20 (3) One member representing the department of homeland 21 security and emergency management. 22 (4) One member representing the department of corrections. 23 (5) One member representing the department of natural 24 resources. 25 (6) One member representing the Iowa department of public 26 health. 27 (7) One member representing the office of the chief 28 information officer created in section 8B.2. 29 b. The governor shall solicit and consider recommendations 30 from professional or volunteer organizations in appointing the 31 following members: 32 (1) Two members who are representatives from municipal 33 police departments. 34 (2) Two members who are representatives of sheriff’s 35 -4- LSB 1386XS (5) 86 ad/sc 4/ 6
S.F. 60 offices. 1 (3) Two members who are representatives from fire 2 departments. One of the members shall be a volunteer fire 3 fighter and the other member shall be a paid fire fighter. 4 (4) Two members who are law communication center managers 5 employed by state or local government agencies. 6 (05) One member who is an emergency medical care provider 7 as defined in section 147A.1. 8 (5) One at-large member. 9 Sec. 10. Section 423F.3, subsection 6, Code 2015, is amended 10 by adding the following new paragraph: 11 NEW PARAGRAPH . 0c. Additionally, “school infrastructure” 12 includes the acquisition or installation of information 13 technology infrastructure. For purposes of this paragraph, 14 “information technology infrastructure” means the basic, 15 underlying physical framework or system necessary to deliver 16 technology connectivity to a school district and to network 17 school buildings within a school district. 18 EXPLANATION 19 The inclusion of this explanation does not constitute agreement with 20 the explanation’s substance by the members of the general assembly. 21 This bill relates to the availability of broadband access 22 via fiberoptic network infrastructure across the state. 23 The bill modifies provisions in Code chapter 8B, the 24 information technology chapter which creates the office of the 25 chief information officer, by adding several definitions to the 26 Code chapter. The bill defines “broadband” as a high-speed, 27 high-capacity electronic transmission medium that can carry 28 data signals from multiple independent network sources by 29 establishing different bandwidth channels and that is commonly 30 used to deliver internet services to the public. The bill 31 defines “fiberoptic network infrastructure” as the physical 32 infrastructure used for the transmission of data via broadband 33 over fiberoptic networks. The bill also adds definitions for 34 “communications service provider” and “targeted underserved 35 -5- LSB 1386XS (5) 86 ad/sc 5/ 6
S.F. 60 service area”. The bill changes the definition of “information 1 technology” to include broadband and fiberoptic network 2 infrastructure. 3 The bill adds additional powers and duties for the chief 4 information officer relating to broadband and fiberoptic 5 network infrastructure. The bill includes coordination of 6 statewide broadband availability and access via fiberoptic 7 network infrastructure as a mission of the office of the 8 chief information officer. The bill also requires the chief 9 information officer to streamline, consolidate, and coordinate 10 access to and availability of broadband via fiberoptic network 11 infrastructure. The bill directs the chief information officer 12 to submit an annual report regarding the status of broadband 13 expansion and coordination via fiberoptic networks. The 14 bill also adds the chief information officer as a nonvoting, 15 ex officio member to the telecommunication and technology 16 commission, established in current Code section 8D.3 and which 17 oversees the operation of the Iowa communications network, and 18 to the statewide interoperable communications system board 19 established in current Code section 80.28 under the purview of 20 the departments of public safety and transportation. The bill 21 makes corresponding amendments regarding voting members of the 22 commission and the appointment of the executive director of the 23 telecommunication and technology commission. The bill also 24 adds an emergency care provider to the statewide interoperable 25 communications system board. 26 Finally, the bill adds the acquisition or installation of 27 information technology infrastructure, as defined in the bill, 28 to the definition of “school infrastructure” for purposes 29 of the statewide school infrastructure funding provisions 30 contained in Code chapter 423F. 31 -6- LSB 1386XS (5) 86 ad/sc 6/ 6