Text: HSB00637 Text: HSB00639 Text: HSB00600 - HSB00699 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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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