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House Amendment 5705

Amendment Text

PAG LIN
  1  1    Amend Senate File 2147, as passed by the Senate, as
  1  2 follows:
  1  3    #1.  By striking everything after the enacting
  1  4 clause and inserting the following:
  1  5    "Section 1.  Section 8D.3, subsection 2, Code
  1  6 Supplement 1995, is amended to read as follows:
  1  7    2.  MEMBERS.  The commission is composed of three
  1  8 five members, of which four members are appointed by
  1  9 the governor and subject to confirmation by the
  1 10 senate.  Members of the commission shall not serve in
  1 11 any manner or be employed by an authorized user of the
  1 12 network or by an entity seeking to do or doing
  1 13 business with the network.  Two members of the
  1 14 commission to be appointed by the governor, however,
  1 15 shall be knowledgeable in the area of
  1 16 telecommunications technology.  The governor shall
  1 17 appoint a member as the chairperson of the commission
  1 18 from the three four members appointed by the governor,
  1 19 subject to confirmation by the senate.  Members of the
  1 20 commission shall serve six-year staggered terms as
  1 21 designated by the governor and appointments to the
  1 22 commission are subject to the requirements of sections
  1 23 69.16, 69.16A, and 69.19.  Vacancies shall be filled
  1 24 by the governor for the duration of the unexpired
  1 25 term.  The salary of the four members of the
  1 26 commission appointed by the governor shall be twenty
  1 27 thousand dollars per year, except that the salary of
  1 28 the chairperson shall be twenty-five thousand dollars
  1 29 per year.  Members of the commission shall also be
  1 30 reimbursed for all actual and necessary expenses
  1 31 incurred in the performance of duties as members.
  1 32 Meetings of the commission shall be held at the call
  1 33 of the chairperson of the commission.  In addition to
  1 34 the four members appointed by the governor, the
  1 35 auditor of state or the auditor's designee shall serve
  1 36 as a nonvoting, ex officio voting member of the
  1 37 commission.
  1 38    The benefits and salary paid to the members of the
  1 39 commission shall be adjusted annually equal to the
  1 40 average of the annual pay adjustments, expense
  1 41 reimbursements, and related benefits provided under
  1 42 collective bargaining agreements negotiated pursuant
  1 43 to chapter 20.
  1 44    Sec. 2.  Section 8D.11, subsection 1, Code 1995, is
  1 45 amended to read as follows:
  1 46    1.  The commission may purchase, lease-purchase,
  1 47 lease, and improve property, and equipment, and
  1 48 services for telecommunications for public and private
  1 49 agencies and may dispose of property and equipment
  1 50 when not necessary for its purposes.  However, the
  2  1 commission shall not enter into a contract for the
  2  2 purchase, lease-purchase, lease, or improvement of
  2  3 property, or equipment, or services for
  2  4 telecommunications pursuant to this subsection in an
  2  5 amount greater than five hundred thousand one million
  2  6 dollars without prior authorization by a
  2  7 constitutional majority of each house of the general
  2  8 assembly, or approval by the legislative council if
  2  9 the general assembly is not in session.  The lease-
  2 10 purchase agreement may contain provisions, including
  2 11 interest, term, and obligations to make payments on
  2 12 the lease-purchase agreements, beyond the budget year
  2 13 in which the lease-purchase agreement is entered.  For
  2 14 the purpose of funding its obligation to furnish
  2 15 moneys under a lease-purchase agreement entered into
  2 16 pursuant to this section, the treasurer of state, with
  2 17 the assistance of the Iowa telecommunications and
  2 18 technology commission or the treasurer of state's duly
  2 19 authorized agent or representative, may enter into a
  2 20 master lease agreement to borrow moneys to be used to
  2 21 purchase property or equipment for telecommunications
  2 22 services for public or private agencies.  The
  2 23 obligations may be in such form, for such term,
  2 24 bearing such interest, and containing such provisions
  2 25 as the Iowa telecommunications and technology
  2 26 commission, in consultation with the treasurer of
  2 27 state, deems necessary or appropriate.  The commission
  2 28 shall not issue any bonding or other long-term
  2 29 financing arrangements as defined in section 12.30,
  2 30 subsection 1, paragraph "b".
  2 31    PARAGRAPH DIVIDED.  The commission also shall not
  2 32 provide or resell communications services to entities
  2 33 other than public and private agencies.  The public or
  2 34 private agency shall not provide communication
  2 35 services of the network to another entity unless
  2 36 otherwise authorized pursuant to this chapter.  The
  2 37 commission may arrange for joint use of available
  2 38 services and facilities, and may enter into leases and
  2 39 agreements with private and public agencies with
  2 40 respect to the Iowa communications network, and public
  2 41 agencies are authorized to enter into leases and
  2 42 agreements with respect to the network for their use
  2 43 and operation.  Rentals and other amounts due under
  2 44 the agreements or leases entered into pursuant to this
  2 45 section by a state agency are payable from funds
  2 46 annually appropriated by the general assembly or from
  2 47 other funds legally available.  Other public agencies
  2 48 may pay the rental costs and other amounts due under
  2 49 an agreement or lease from their annual budgeted funds
  2 50 or other funds legally available or to become
  3  1 available.  This section comprises a complete and
  3  2 independent authorization and procedure for a public
  3  3 agency, with the approval of the commission, to enter
  3  4 into a lease or agreement and related security
  3  5 enhancement arrangements and this section is not a
  3  6 qualification of any other powers which a public
  3  7 agency may possess and the authorizations and powers
  3  8 granted under this section are not subject to the
  3  9 terms, requirements, or limitations of any other
  3 10 provisions of law.  All moneys received by the
  3 11 commission from agreements and leases entered into
  3 12 pursuant to this section with private and public
  3 13 agencies shall be deposited in the Iowa communications
  3 14 network fund.
  3 15    Sec. 3.  Section 8D.13, Code Supplement 1995, is
  3 16 amended by adding the following new subsections:
  3 17    NEW SUBSECTION.  12A.  Access to the network shall
  3 18 not be permitted by an originating site or any
  3 19 receiving site associated with an interactive video
  3 20 application of the network unless at least one of the
  3 21 entities participating in the interactive video
  3 22 application is an authorized user of the network.  For
  3 23 purposes of this subsection, a public or private
  3 24 agency authorized to access the network is not deemed
  3 25 to be an authorized user for purposes of the
  3 26 interactive video application or use if the public or
  3 27 private agency only provides its facility for use as
  3 28 the originating site or as a receiving site.
  3 29    NEW SUBSECTION.  17A.  Access to the network shall
  3 30 be offered to the department of public safety and the
  3 31 department of public defense for the purpose of
  3 32 establishing and operating a network to be used
  3 33 exclusively for shared data providing law enforcement,
  3 34 emergency management, disaster service, emergency
  3 35 warning, and other emergency information dissemination
  3 36 services to federal, state, and local law enforcement
  3 37 agencies as provided in section 80.9, and local
  3 38 emergency management offices established under the
  3 39 authority of sections 29C.9 and 29C.10.
  3 40    Sec. 4.  Section 68B.35, subsection 2, paragraph e,
  3 41 Code 1995, is amended to read as follows:
  3 42    e.  Members of the banking board, the ethics and
  3 43 campaign disclosure board, the credit union review
  3 44 board, the economic development board, the employment
  3 45 appeal board, the environmental protection commission,
  3 46 the health facilities council, the Iowa business
  3 47 investment corporation board of directors, the Iowa
  3 48 finance authority, the Iowa seed capital corporation,
  3 49 the Iowa public employees' retirement system
  3 50 investment board, the lottery board, the natural
  4  1 resource commission, the board of parole, the
  4  2 petroleum underground storage tank fund board, the
  4  3 public employment relations board, the state racing
  4  4 and gaming commission, the state board of regents, the
  4  5 tax review board, the transportation commission, the
  4  6 office of consumer advocate, the utilities board, the
  4  7 Iowa telecommunications and technology commission, and
  4  8 any full-time members of other boards and commissions
  4  9 as defined under section 7E.4 who receive an annual
  4 10 salary for their service on the board or commission.
  4 11    Sec. 5.  INTERIM STUDY.  The legislative council is
  4 12 requested to establish an interim study for the
  4 13 purpose of determining the appropriate uses of the
  4 14 Iowa communications network.  The committee appointed
  4 15 to complete this study shall consult with the
  4 16 commission and other appropriate individuals in
  4 17 conducting this study.
  4 18    Sec. 6.  APPOINTMENT OF NEW MEMBER – EFFECT ON
  4 19 EXISTING MEMBERSHIP.
  4 20    1.  Notwithstanding section 8D.3, subsection 2, as
  4 21 amended by this Act, which provides for the
  4 22 appointment to the Iowa telecommunications and
  4 23 technology commission of two members who are
  4 24 knowledgeable in the area of telecommunications
  4 25 technology, members serving on the commission on the
  4 26 effective date of this Act shall be permitted to serve
  4 27 their full term.  Upon expiration of the first term of
  4 28 a commission member following the effective date of
  4 29 this Act, a person shall be appointed to the
  4 30 commission who is knowledgeable in the area of
  4 31 telecommunications technology.
  4 32    2.  One new member to be appointed who is
  4 33 knowledgeable in the area of telecommunications
  4 34 technology shall be appointed for an initial term of
  4 35 three years."
  4 36    #2.  Title page, line 2, by inserting after the
  4 37 word "commission" the following:  ", and providing for
  4 38 matters related to the authority and duties of the
  4 39 commission".  
  4 40 
  4 41 
  4 42                               
  4 43 BRUNKHORST of Bremer
  4 44 
  4 45 
  4 46                              
  4 47 HARRISON of Scott
  4 48 SF 2147.301 76
  4 49 mj/cf
     

Text: H05704                            Text: H05706
Text: H05700 - H05799                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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