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PAG LIN
1 1 Section 1. There is appropriated from the general fund of
1 2 the state to the Iowa communications network fund created in
1 3 section 8D.14 for the fiscal year beginning July 1, 1996, and
1 4 ending June 30, 1997, the following amount, or so much thereof
1 5 as is necessary, to be used for salaries, support,
1 6 maintenance, miscellaneous purposes, for the subsidization of
1 7 video rates for authorized users as determined by the Iowa
1 8 telecommunications and technology commission and consistent
1 9 with chapter 8D, and for not more than the following full-time
1 10 equivalent positions:
1 11 .................................................. $ 2,400,000
1 12 ............................................... FTEs 57.0
1 13 Sec. 2. There is appropriated from the rebuild Iowa
1 14 infrastructure fund of the state created in section 8.57,
1 15 subsection 5, to the Iowa communications network fund created
1 16 in section 8D.14 for the fiscal year beginning July 1, 1996,
1 17 and ending June 30, 1997, the following amount, or so much
1 18 thereof as is necessary, to be used for the purpose
1 19 designated:
1 20 For debt service:
1 21 .................................................. $ 12,754,000
1 22 Upon the appropriation of the funds in this section to the
1 23 Iowa communications network fund, the Iowa telecommunications
1 24 and technology commission shall immediately transfer
1 25 $12,754,000 of the appropriated amount to a separate fund
1 26 established in the office of the treasurer of state, to be
1 27 used solely for debt service for the Iowa communications
1 28 network. The commission shall certify to the treasurer of
1 29 state when a debt service payment is due, and upon receipt of
1 30 the certification the treasurer shall make the payment. The
1 31 commission shall pay any additional amount due from funds
1 32 deposited in the Iowa communications network fund.
1 33 Sec. 3. PART III RELATED APPROPRIATIONS.
1 34 1. PART III AUTHORIZED USERS.
1 35 a. There is appropriated from the general fund of the
2 1 state to the Iowa communications network fund under the
2 2 control of the Iowa telecommunications and technology
2 3 commission for the fiscal year beginning July 1, 1996, and
2 4 ending June 30, 1997, the following amount, or so much thereof
2 5 as is necessary, to be used with the moneys appropriated in
2 6 paragraph "b" for the purpose designated:
2 7 .................................................. $ 12,189,285
2 8 b. There is appropriated from the rebuild Iowa
2 9 infrastructure fund of the state created in section 8.57,
2 10 subsection 5, to the Iowa communications network fund under
2 11 the control of the Iowa telecommunications and technology
2 12 commission for the fiscal year beginning July 1, 1996, and
2 13 ending June 30, 1997, the following amount, or so much thereof
2 14 as is necessary, to be used for the purpose designated:
2 15 For the connection of a minimum of 110 Part III authorized
2 16 users as determined by the commission and communicated to the
2 17 general assembly:
2 18 .................................................. $ 8,430,728
2 19 c. It is the intent of the general assembly that the
2 20 connection of the authorized user sites pursuant to this
2 21 subsection be awarded based upon the Part III contracts
2 22 executed in 1995.
2 23 d. Notwithstanding the fact that funds appropriated
2 24 pursuant to this subsection will not be made available prior
2 25 to July 1, 1996, the Iowa telecommunications and technology
2 26 commission is authorized to negotiate and enter into contracts
2 27 for ordering necessary equipment related to the completion of
2 28 the connections authorized in paragraphs "a" and "b" as deemed
2 29 appropriate by the commission upon the effective date of this
2 30 paragraph.
2 31 2. SUPPORT SERVICES. There is appropriated from the
2 32 general fund of the state to the Iowa communications network
2 33 fund created in section 8D.14 for the fiscal year beginning
2 34 July 1, 1996, and ending June 30, 1997, the following amount,
2 35 or so much thereof as is necessary, to be used for the
3 1 purposes designated:
3 2 For purposes designated in paragraphs "a" and "b", and for
3 3 not more than the following full-time equivalent positions:
3 4 .................................................. $ 850,000
3 5 ................................................FTEs 5.0
3 6 a. As a condition of the appropriation in this subsection,
3 7 $250,000 of the amount appropriated shall be expended by the
3 8 public broadcasting division of the department of education to
3 9 provide support for functions related to the network,
3 10 including but not limited to the following functions:
3 11 scheduling for video classrooms; development of distance
3 12 learning applications; development of a central information
3 13 source on the Internet relating to educational uses of the
3 14 network; a spare parts depot; second-line technical support
3 15 for network sites; testing and initializing sites onto the
3 16 network; and coordinating the work of the education
3 17 telecommunications council.
3 18 b. As a further condition of the appropriation in this
3 19 subsection, $600,000 of the amount appropriated shall be
3 20 allocated by the public broadcasting division of the
3 21 department of education to the regional telecommunications
3 22 councils established in section 8D.5. The regional
3 23 telecommunications councils shall use the funds to provide
3 24 technical assistance for network classrooms, scheduling of
3 25 video sites, and other related support activities.
3 26 c. It is the intent of the general assembly that the
3 27 public broadcasting division of the department of education
3 28 give priority in scheduling network usage during normal school
3 29 hours to educational programming for grades kindergarten
3 30 through twelve. Such school districts shall also be permitted
3 31 to use their network classroom facilities for other purposes
3 32 during normal school hours subject to the priority established
3 33 in this paragraph.
3 34 d. It is also the intent of the general assembly that any
3 35 school district may choose not to participate in the network
4 1 pursuant to the four-year plan developed by the commission and
4 2 being implemented pursuant to the request for proposals issued
4 3 by the commission related to Part III connections, and may
4 4 instead choose to implement an alternate technology. Upon
4 5 deciding to implement such technology, the school district
4 6 shall inform the commission which shall reimburse the school
4 7 district for an amount equal to seventy-five percent of the
4 8 nonrecurring costs associated with the connection for such
4 9 school district pursuant to the request for proposals for Part
4 10 III.
4 11 Sec. 4. LEWIS CENTRAL HIGH SCHOOL. Notwithstanding
4 12 section 8D.13, subsection 5, the state may own and the Iowa
4 13 telecommunications and technology commission shall provide for
4 14 the construction and connection to the Iowa communications
4 15 network of the Lewis Central high school, located in Council
4 16 Bluffs and contiguous to the school for the deaf established
4 17 under chapter 270.
4 18 Sec. 5. CIVIL PENALTIES ESTABLISHED BY COMMISSION FOR
4 19 UNAUTHORIZED USE.
4 20 1. The commission shall establish, by rule, a schedule or
4 21 range of civil penalties which may be administratively
4 22 assessed for the unauthorized use of the network. The
4 23 schedule shall provide procedures and criteria for the
4 24 administrative assessment of penalties of not more than ten
4 25 thousand dollars for a violation of chapter 8D or rules
4 26 adopted under chapter 8D related to the unauthorized use of
4 27 the network. The penalties shall be applicable to both
4 28 authorized and unauthorized users. In adopting a schedule or
4 29 range of penalties and in proposing or assessing a penalty,
4 30 the commission shall consider among other relevant factors the
4 31 gravity of the violation and the degree of culpability of the
4 32 violator.
4 33 Penalties may be administratively assessed only after an
4 34 opportunity for a contested case hearing which may be combined
4 35 with a hearing on the merits of the alleged violation.
5 1 Violations not fitting within the schedule, or violations
5 2 which the commission determines should be referred to the
5 3 attorney general for legal action shall not be governed by the
5 4 schedule established under this subsection.
5 5 2. When the commission establishes a schedule for
5 6 violations, the commission shall provide, by rule, a procedure
5 7 for the screening of alleged violations to determine which
5 8 cases may be appropriate for the administrative assessment of
5 9 penalties. However, the screening procedure shall not limit
5 10 the discretion of the commission to refer any case to the
5 11 attorney general for legal action.
5 12 3. A penalty shall be paid within thirty days of the date
5 13 the order assessing the penalty becomes final. When a person
5 14 against whom a civil penalty is assessed under this section
5 15 seeks timely judicial review of an order imposing the penalty
5 16 as provided under chapter 17A, the order is not final for the
5 17 purposes of this section until all judicial review processes
5 18 are completed. Additional judicial review shall not be sought
5 19 after the order becomes final. A person who fails to timely
5 20 pay a civil penalty assessed by a final order of the
5 21 commission shall pay, in addition, interest at the rate of one
5 22 and one-half percent of the unpaid balance of the assessed
5 23 penalty for each month or part of a month that the penalty
5 24 remains unpaid. The attorney general shall institute, at the
5 25 request of the commission, summary proceedings to recover the
5 26 penalty and any accrued interest.
5 27 4. All civil penalties assessed by the commission and
5 28 interest on the penalties shall be deposited in the general
5 29 fund of the state.
5 30 5. This section does not require the commission to pursue
5 31 an administrative remedy before seeking a remedy in the courts
5 32 of this state.
5 33 Sec. 6. EFFECTIVE DATE.
5 34 1. Section 3, subsection 1, paragraph "e", of this Act,
5 35 which authorizes the Iowa telecommunications and technology
6 1 commission to begin negotiations for ordering necessary
6 2 equipment prior to the availability of funding, being deemed
6 3 of immediate importance, takes effect upon enactment.
6 4 2. Section 4 of this Act, which authorizes the state to
6 5 construct and own the Iowa communications network connection
6 6 to Lewis Central high school, being deemed of immediate
6 7 importance, takes effect upon enactment.
6 8 EXPLANATION
6 9 This bill relates to the Iowa communications network by
6 10 appropriating moneys for various network purposes and
6 11 providing for the connection of additional Part III sites.
6 12 The bill appropriates for the 1996-1997 fiscal year
6 13 $2,400,000 from the state general fund for the subsidization
6 14 of video rates for certain authorized users and for the
6 15 support of 57 FTEs, and $12,754,000 from the rebuild Iowa
6 16 infrastructure fund for debt service.
6 17 The bill also appropriates for the 1996-1997 fiscal year
6 18 $850,000 from the state general fund for educational support
6 19 services and the support of 5 FTEs in the public broadcasting
6 20 division of the department of education; and $8,430,728 from
6 21 the rebuild Iowa infrastructure fund of the state; and
6 22 $12,189,285 from the general fund of the state for the
6 23 connection of a minimum of 110 Part III authorized users.
6 24 The bill also authorizes the state to own a connection to
6 25 the network for the Lewis Central high school in Council
6 26 Bluffs.
6 27 The bill directs the commission to establish by rule a
6 28 schedule or range of civil penalties which may be
6 29 administratively assessed for the unauthorized use of the
6 30 network. The commission is to establish procedures and
6 31 criteria for the assessment and limits the maximum penalty to
6 32 no more than $10,000 for a violation.
6 33 The bill provides for the immediate effect of section 3,
6 34 subsection 1, paragraph "e", which authorizes the Iowa
6 35 telecommunications and technology commission to begin
7 1 negotiations for ordering the necessary equipment associated
7 2 with the Part III connections funded in this bill prior to the
7 3 availability of the funding for such connections, and for the
7 4 immediate effect of section 4, which authorizes the state to
7 5 construct and own the network connection to Lewis Central high
7 6 school.
7 7 LSB 4320HC 76
7 8 mj/sc/14.1
Text: HSB00637 Text: HSB00639 Text: HSB00600 - HSB00699 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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