Text: HSB00544 Text: HSB00546 Text: HSB00500 - HSB00599 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 8D.2, Code 1995, is amended to read as 1 2 follows: 1 3 8D.2 DEFINITIONS. 1 4 When used in this chapter, unless the context otherwise 1 5 requires: 1 6 1. "Authorized user" means a private agency or a public 1 7 agency. 1 81.2. "Commission" means the Iowa telecommunications and 1 9 technology commission established in section 8D.3. 1 102.3. "Director" means the executive director appointed 1 11 pursuant to section 8D.4. 1 123.4. "Network" means the Iowa or state communications 1 13 network. 1 144.5. "Private agency" means an accredited nonpublic 1 15 school, a nonprofit institution of higher education eligible 1 16 for tuition grants, or a hospital licensed pursuant to chapter 1 17 135B or a physician clinic to the extent provided in section 1 18 8D.13, subsection 16. 1 195.6. "Public agency" means a state agency, an institution 1 20 under the control of the board of regents, the judicial 1 21 department as provided in section 8D.13, subsection 17, a 1 22 school corporation, a city library, a regional library as 1 23 provided in chapter 256, a county library as provided in 1 24 chapter 336, or a judicial district department of correctional 1 25 services established in section 905.2, to the extent provided 1 26 in section 8D.13, subsection 15, an agency of the federal 1 27 government, or a United States post office which receives a 1 28 federal grant for pilot and demonstration projects. 1 296.7. "State communications" refers to the transmission of 1 30 voice, data, video, the written word or other visual signals 1 31 by electronic means but does not include radio and television 1 32 facilities and other educational telecommunications systems 1 33 and services including narrowcast and broadcast systems under 1 34 the public broadcasting division of the department of 1 35 education, department of transportation distributed data 2 1 processing and mobile radio network, or law enforcement 2 2 communications systems. 2 3 8. "Unauthorized user" means a person other than a private 2 4 agency or public agency. 2 5 Sec. 2. Section 8D.8, Code 1995, is amended to read as 2 6 follows: 2 7 8D.8 SCHEDULING FOR AUTHORIZED USERS. 2 8 Except as provided in section 8D.5, an authorized user is 2 9 responsible for all scheduling of the use of the authorized 2 10 user's facility. A person who disputes a scheduling decision 2 11 of such user may petition the commission for a review of such 2 12 decision pursuant to section 8D.3, subsection 3, paragraph 2 13 "c". Except as specifically authorized under this chapter, an 2 14 authorized user shall not provide or permit, or offer to 2 15 provide or permit, an unauthorized user access to the network 2 16 or the use of the authorized user's network facility. 2 17 Sec. 3. Section 8D.11, subsection 1, Code 1995, is amended 2 18 to read as follows: 2 19 1. The commission may purchase, lease-purchase, lease, and 2 20 improve property, equipment, and services for 2 21 telecommunications for public and private agencies and may 2 22 dispose of property and equipment when not necessary for its 2 23 purposes. However, the commission shall not enter into a 2 24 contract for the purchase, lease-purchase, lease, or 2 25 improvement of property, equipment, or services for 2 26 telecommunications pursuant to this subsection in an amount 2 27 greater than five hundred thousand dollars without prior 2 28 authorization by a constitutional majority of each house of 2 29 the general assembly, or approval by the legislative council 2 30 if the general assembly is not in session. The commission 2 31 shall not issue any bonding or other long-term financing 2 32 arrangements as defined in section 12.30, subsection 1, 2 33 paragraph "b". The commission also shall not provide or 2 34 resell communications services to entities other than public 2 35 and private agencies. The public or private agency shall not 3 1 provide communication services of the network to another 3 2 entity unless otherwise specifically authorized pursuant to 3 3 this chapter. The commission may arrange for joint use of 3 4 available services and facilities by authorized users, and may 3 5 enter into leases and agreements with private and public 3 6 agencies with respect to the Iowa communications network, and 3 7 public agencies are authorized to enter into leases and 3 8 agreements with other authorized users with respect to the 3 9 network for their use and operation. Rentals and other 3 10 amounts due under the agreements or leases entered into 3 11 pursuant to this section by a state agency are payable from 3 12 funds annually appropriated by the general assembly or from 3 13 other funds legally available. Other public agencies may pay 3 14 the rental costs and other amounts due under an agreement or 3 15 lease from their annual budgeted funds or other funds legally 3 16 available or to become available. This section comprises a 3 17 complete and independent authorization and procedure for a 3 18 public agency, with the approval of the commission, to enter 3 19 into a lease or agreement and related security enhancement 3 20 arrangements and this section is not a qualification of any 3 21 other powers which a public agency may possess and the 3 22 authorizations and powers granted under this section are not 3 23 subject to the terms, requirements, or limitations of any 3 24 other provisions of law. All moneys received by the 3 25 commission from agreements and leases entered into pursuant to 3 26 this section with private and public agencies shall be 3 27 deposited in the Iowa communications network fund. 3 28 EXPLANATION 3 29 This bill amends chapter 8D concerning authorized use of 3 30 the Iowa communications network. Section 8D.2 is amended by 3 31 adding definitions for the terms "authorized user" and 3 32 "unauthorized user". 3 33 Section 8D.8 is amended to prohibit an authorized user from 3 34 providing or permitting, or offering to provide or permit, an 3 35 unauthorized user access to the network or the use of the 4 1 authorized user's network facility, unless specifically 4 2 authorized under chapter 8D. 4 3 Section 8D.11 is amended to clarify that the commission's 4 4 authority to arrange for joint use of available services and 4 5 facilities relates to use by authorized users, and that the 4 6 authority of public agencies to enter into leases and 4 7 agreements with respect to use of the network is limited to 4 8 entering into such agreements with other authorized users. 4 9 LSB 3775HC 76 4 10 mj/cf/24
Text: HSB00544 Text: HSB00546 Text: HSB00500 - HSB00599 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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