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House Study Bill 642

Conference Committee Text

  1  1    Section 1.  Section 8D.3, subsection 2, Code Supplement
  1  2 1995, is amended to read as follows:
  1  3    2.  MEMBERS.  The commission is composed of three five
  1  4 members, of which four members are appointed by the governor
  1  5 and subject to confirmation by the senate.  Members of the
  1  6 commission shall not serve in any manner or be employed by an
  1  7 authorized user of the network or by an entity seeking to do
  1  8 or doing business with the network.  Two members of the
  1  9 commission to be appointed by the governor, however, shall be
  1 10 knowledgeable in the area of telecommunications technology.
  1 11 The governor shall appoint a member as the chairperson of the
  1 12 commission from the three four members appointed by the
  1 13 governor, subject to confirmation by the senate.  Members of
  1 14 the commission shall serve six-year staggered terms as
  1 15 designated by the governor and appointments to the commission
  1 16 are subject to the requirements of sections 69.16, 69.16A, and
  1 17 69.19.  Vacancies shall be filled by the governor for the
  1 18 duration of the unexpired term.  The salary of the four
  1 19 members of the commission appointed by the governor shall be
  1 20 twenty thousand dollars per year, except that the salary of
  1 21 the chairperson shall be twenty-five thousand dollars per
  1 22 year.  Members of the commission shall also be reimbursed for
  1 23 all actual and necessary expenses incurred in the performance
  1 24 of duties as members.  Meetings of the commission shall be
  1 25 held at the call of the chairperson of the commission.  In
  1 26 addition to the four members appointed by the governor, the
  1 27 auditor of state or the auditor's designee shall serve as a
  1 28 nonvoting, ex officio voting member of the commission.
  1 29    The benefits and salary paid to the members of the
  1 30 commission shall be adjusted annually equal to the average of
  1 31 the annual pay adjustments, expense reimbursements, and
  1 32 related benefits provided under collective bargaining
  1 33 agreements negotiated pursuant to chapter 20.
  1 34    Sec. 2.  Section 8D.11, subsection 1, Code 1995, is amended
  1 35 to read as follows:
  2  1    1.  The commission may purchase, lease-purchase, lease, and
  2  2 improve property, and equipment, and services for
  2  3 telecommunications for public and private agencies and may
  2  4 dispose of property and equipment when not necessary for its
  2  5 purposes.  However, the commission shall not enter into a
  2  6 contract for the purchase, lease-purchase, lease, or
  2  7 improvement of property, or equipment, or services for
  2  8 telecommunications pursuant to this subsection in an amount
  2  9 greater than five hundred thousand million dollars without
  2 10 prior authorization by a constitutional majority of each house
  2 11 of the general assembly, or approval by the legislative
  2 12 council if the general assembly is not in session.  The lease-
  2 13 purchase agreement may contain provisions, including interest,
  2 14 term, and obligations to make payments on the lease-purchase
  2 15 agreements, beyond the budget year in which the lease-purchase
  2 16 agreement is entered.  For the purpose of funding its
  2 17 obligation to furnish moneys under a lease-purchase agreement
  2 18 entered into pursuant to this section, the treasurer of state,
  2 19 with the assistance of the Iowa telecommunications and
  2 20 technology commission or the treasurer of state's duly
  2 21 authorized agent or representative, may enter into a master
  2 22 lease agreement to borrow moneys to be used to purchase
  2 23 property or equipment for telecommunications services for
  2 24 public or private agencies.  The obligations may be in such
  2 25 form, for such term, bearing such interest, and containing
  2 26 such provisions as the Iowa telecommunications and technology
  2 27 commission, in consultation with the treasurer of state, deems
  2 28 necessary or appropriate.  The commission shall not issue any
  2 29 bonding or other long-term financing arrangements as defined
  2 30 in section 12.30, subsection 1, paragraph "b".
  2 31    PARAGRAPH DIVIDED.  The commission also shall not provide
  2 32 or resell communications services to entities other than
  2 33 public and private agencies.  The public or private agency
  2 34 shall not provide communication services of the network to
  2 35 another entity unless otherwise authorized pursuant to this
  3  1 chapter.  The commission may arrange for joint use of
  3  2 available services and facilities, and may enter into leases
  3  3 and agreements with private and public agencies with respect
  3  4 to the Iowa communications network, and public agencies are
  3  5 authorized to enter into leases and agreements with respect to
  3  6 the network for their use and operation.  Rentals and other
  3  7 amounts due under the agreements or leases entered into
  3  8 pursuant to this section by a state agency are payable from
  3  9 funds annually appropriated by the general assembly or from
  3 10 other funds legally available.  Other public agencies may pay
  3 11 the rental costs and other amounts due under an agreement or
  3 12 lease from their annual budgeted funds or other funds legally
  3 13 available or to become available.  This section comprises a
  3 14 complete and independent authorization and procedure for a
  3 15 public agency, with the approval of the commission, to enter
  3 16 into a lease or agreement and related security enhancement
  3 17 arrangements and this section is not a qualification of any
  3 18 other powers which a public agency may possess and the
  3 19 authorizations and powers granted under this section are not
  3 20 subject to the terms, requirements, or limitations of any
  3 21 other provisions of law.  All moneys received by the
  3 22 commission from agreements and leases entered into pursuant to
  3 23 this section with private and public agencies shall be
  3 24 deposited in the Iowa communications network fund.
  3 25    Sec. 3.  Section 8D.13, Code Supplement 1995, is amended by
  3 26 adding the following new subsection:
  3 27    NEW SUBSECTION.  12A.  Access to the network shall not be
  3 28 permitted by an originating site or any receiving site
  3 29 associated with an interactive video application of the
  3 30 network unless at least one of the entities participating in
  3 31 the interactive video application is an authorized user of the
  3 32 network.  For purposes of this subsection, a public or private
  3 33 agency authorized to access the network is not deemed to be an
  3 34 authorized user for purposes of the interactive video
  3 35 application or use if the public or private agency only
  4  1 provides its facility for use as the originating site or as a
  4  2 receiving site.
  4  3    Sec. 4.  Section 68B.35, subsection 2, paragraph e, Code
  4  4 1995, is amended to read as follows:
  4  5    e.  Members of the banking board, the ethics and campaign
  4  6 disclosure board, the credit union review board, the economic
  4  7 development board, the employment appeal board, the
  4  8 environmental protection commission, the health facilities
  4  9 council, the Iowa business investment corporation board of
  4 10 directors, the Iowa finance authority, the Iowa seed capital
  4 11 corporation, the Iowa public employees' retirement system
  4 12 investment board, the lottery board, the natural resource
  4 13 commission, the board of parole, the petroleum underground
  4 14 storage tank fund board, the public employment relations
  4 15 board, the state racing and gaming commission, the state board
  4 16 of regents, the tax review board, the transportation
  4 17 commission, the office of consumer advocate, the utilities
  4 18 board, the Iowa telecommunications and technology commission,
  4 19 and any full-time members of other boards and commissions as
  4 20 defined under section 7E.4 who receive an annual salary for
  4 21 their service on the board or commission.
  4 24    1.  Notwithstanding section 8D.3, subsection 2, as amended
  4 25 by this Act, which provides for the appointment to the Iowa
  4 26 telecommunications and technology commission of two members
  4 27 who are knowledgeable in the area of telecommunications
  4 28 technology, members serving on the commission on the effective
  4 29 date of this Act shall be permitted to serve their full term.
  4 30 Upon expiration of the first term of a commission member
  4 31 following the effective date of this Act, a person shall be
  4 32 appointed to the commission who is knowledgeable in the area
  4 33 of telecommunications technology.
  4 34    2.  One new member to be appointed who is knowledgeable in
  4 35 the area of telecommunications technology shall be appointed
  5  1 for an initial term of three years.  
  5  2                           EXPLANATION
  5  3    This bill amends chapter 8D which relates to the Iowa
  5  4 communications network and makes applicable to members of the
  5  5 Iowa telecommunications and technology commission the
  5  6 financial disclosure requirements under chapter 68B.
  5  7    The bill increases the membership of the Iowa
  5  8 telecommunications and technology commission to five voting
  5  9 members including the auditor of state.  Two of the members
  5 10 are to be knowledgeable in the area of telecommunications
  5 11 technology.  One new member is to be appointed for an initial
  5 12 term of three years.  Existing members are to be permitted to
  5 13 serve their current term, but upon the expiration of the first
  5 14 term following the effective date of this bill, a person is to
  5 15 be appointed as a member of the commission who is
  5 16 knowledgeable in the area of telecommunications technology.
  5 17    The bill increases the maximum telecommunications contract
  5 18 amount, which can be entered into without general assembly or
  5 19 legislative council approval, from $500,000 to $5 million.
  5 20 The bill also provides additional authority for the commission
  5 21 to enter into lease-purchase agreements.
  5 22    The bill also provides that access to the network is not to
  5 23 be permitted by an originating site or any receiving site
  5 24 associated with an interactive video application, unless at
  5 25 least one of the entities participating in the video
  5 26 application is an authorized user.
  5 27    The bill amends section 68B.35 by including the members of
  5 28 the Iowa telecommunications and technology commission as
  5 29 persons subject to the personal financial disclosure
  5 30 requirements applicable to certain officials, members of the
  5 31 general assembly, and candidates.  
  5 32 LSB 4319HC 76
  5 33 mj/sc/14

Text: HSB00641                          Text: HSB00643
Text: HSB00600 - HSB00699               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

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