Text: S05614 Text: S05616 Text: S05600 - S05699 Text: S Index Bills and Amendments: General Index Bill History: General Index
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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 ofthree1 8 six members, of which five 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. One member 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 thethreefive 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 five 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 five members appointed by the governor, the 1 35 auditor of state or the auditor's designee shall serve 1 36 as a nonvoting, ex officiomember of the commission. 1 37 The benefits and salary paid to the members of the 1 38 commission shall be adjusted annually equal to the 1 39 average of the annual pay adjustments, expense 1 40 reimbursements, and related benefits provided under 1 41 collective bargaining agreements negotiated pursuant 1 42 to chapter 20. 1 43 Sec. 2. Section 8D.11, subsection 1, Code 1995, is 1 44 amended to read as follows: 1 45 1. The commission may purchase, lease-purchase, 1 46 lease, and improve property,and equipment, and1 47servicesfor telecommunications for public and private 1 48 agencies and may dispose of property and equipment 1 49 when not necessary for its purposes. However, the 1 50 commission shall not enter into a contract for the 2 1 purchase, lease-purchase, lease, or improvement of 2 2 property,or equipment, or servicesfor 2 3 telecommunications pursuant to this subsection in an 2 4 amount greater thanfive hundred thousandone million 2 5 dollars without prior authorization by a 2 6 constitutional majority of each house of the general 2 7 assembly, or approval by the legislative council if 2 8 the general assembly is not in session. The lease- 2 9 purchase agreement may contain provisions, including 2 10 interest, term, and obligations to make payments on 2 11 the lease-purchase agreements, beyond the budget year 2 12 in which the lease-purchase agreement is entered. For 2 13 the purpose of funding its obligation to furnish 2 14 moneys under a lease-purchase agreement entered into 2 15 pursuant to this section, the treasurer of state, with 2 16 the assistance of the Iowa telecommunications and 2 17 technology commission or the treasurer of state's duly 2 18 authorized agent or representative, may enter into a 2 19 master lease agreement to borrow moneys to be used to 2 20 purchase property or equipment for telecommunications 2 21 services for public or private agencies. The 2 22 obligations may be in such form, for such term, 2 23 bearing such interest, and containing such provisions 2 24 as the Iowa telecommunications and technology 2 25 commission, in consultation with the treasurer of 2 26 state, deems necessary or appropriate. The commission 2 27 shall not issue any bonding or other long-term 2 28 financing arrangements as defined in section 12.30, 2 29 subsection 1, paragraph "b". 2 30 PARAGRAPH DIVIDED. The commission also shall not 2 31 provide or resell communications services to entities 2 32 other than public and private agencies. The public or 2 33 private agency shall not provide communication 2 34 services of the network to another entity unless 2 35 otherwise authorized pursuant to this chapter. The 2 36 commission may arrange for joint use of available 2 37 services and facilities, and may enter into leases and 2 38 agreements with private and public agencies with 2 39 respect to the Iowa communications network, and public 2 40 agencies are authorized to enter into leases and 2 41 agreements with respect to the network for their use 2 42 and operation. Rentals and other amounts due under 2 43 the agreements or leases entered into pursuant to this 2 44 section by a state agency are payable from funds 2 45 annually appropriated by the general assembly or from 2 46 other funds legally available. Other public agencies 2 47 may pay the rental costs and other amounts due under 2 48 an agreement or lease from their annual budgeted funds 2 49 or other funds legally available or to become 2 50 available. This section comprises a complete and 3 1 independent authorization and procedure for a public 3 2 agency, with the approval of the commission, to enter 3 3 into a lease or agreement and related security 3 4 enhancement arrangements and this section is not a 3 5 qualification of any other powers which a public 3 6 agency may possess and the authorizations and powers 3 7 granted under this section are not subject to the 3 8 terms, requirements, or limitations of any other 3 9 provisions of law. All moneys received by the 3 10 commission from agreements and leases entered into 3 11 pursuant to this section with private and public 3 12 agencies shall be deposited in the Iowa communications 3 13 network fund. 3 14 Sec. 3. Section 8D.13, Code Supplement 1995, is 3 15 amended by adding the following new subsections: 3 16 NEW SUBSECTION. 12A. Access to the network shall 3 17 not be permitted by an originating site or any 3 18 receiving site associated with an interactive video 3 19 application of the network unless at least one of the 3 20 entities participating in the interactive video 3 21 application is an authorized user of the network. For 3 22 purposes of this subsection, a public or private 3 23 agency authorized to access the network is not deemed 3 24 to be an authorized user for purposes of the 3 25 interactive video application or use if the public or 3 26 private agency only provides its facility for use as 3 27 the originating site or as a receiving site. Program 3 28 content for video traffic is the responsibility of the 3 29 requesting authorized user. For purposes of this 3 30 subsection, "requesting authorized user" means the 3 31 authorized user initiating the network scheduling 3 32 request regardless of the specific site from which the 3 33 event originates. Scheduling on the network is 3 34 limited to authorized users only. Scheduling by a 3 35 requesting authorized user constitutes certification 3 36 by such user that the traffic is part of the mission 3 37 of that authorized user. The commission and its 3 38 advisory committees, as defined in this chapter, shall 3 39 establish policy statements for each authorized user 3 40 group which define authorized uses of the network that 3 41 are consistent with the mission of the authorized user 3 42 group. 3 43 NEW SUBSECTION. 17A. Access to the network shall 3 44 be offered to the department of public safety and the 3 45 department of public defense for the purpose of 3 46 establishing and operating a network to be used 3 47 exclusively for shared data providing law enforcement, 3 48 emergency management, disaster service, emergency 3 49 warning, and other emergency information dissemination 3 50 services to federal, state, and local law enforcement 4 1 agencies as provided in section 80.9, and local 4 2 emergency management offices established under the 4 3 authority of sections 29C.9 and 29C.10. 4 4 Sec. 4. NEW SECTION. 8D.20 CIVIL PENALTIES 4 5 ESTABLISHED BY COMMISSION FOR UNAUTHORIZED USE. 4 6 1. The commission shall establish, by rule, a 4 7 schedule or range of civil penalties which may be 4 8 administratively assessed for the unauthorized use of 4 9 the network. The schedule shall provide procedures 4 10 and criteria for the administrative assessment of 4 11 penalties of not more than ten thousand dollars for a 4 12 violation of chapter 8D or rules adopted under chapter 4 13 8D related to the unauthorized use of the network. 4 14 The penalties shall be applicable to both authorized 4 15 and unauthorized users. In adopting a schedule or 4 16 range of penalties and in proposing or assessing a 4 17 penalty, the commission shall consider among other 4 18 relevant factors the gravity of the violation and the 4 19 degree of culpability of the violator. 4 20 Penalties may be administratively assessed only 4 21 after an opportunity for a contested case hearing 4 22 which may be combined with a hearing on the merits of 4 23 the alleged violation. Violations not fitting within 4 24 the schedule, or violations which the commission 4 25 determines should be referred to the attorney general 4 26 for legal action shall not be governed by the schedule 4 27 established under this subsection. 4 28 2. A penalty shall be paid within thirty days of 4 29 the date the order assessing the penalty becomes 4 30 final. When a person against whom a civil penalty is 4 31 assessed under this section seeks timely judicial 4 32 review of an order imposing the penalty as provided 4 33 under chapter 17A, the order is not final for the 4 34 purposes of this section until all judicial review 4 35 processes are completed. Additional judicial review 4 36 shall not be sought after the order becomes final. A 4 37 person who fails to timely pay a civil penalty 4 38 assessed by a final order of the commission shall pay, 4 39 in addition, interest at the rate of one and one-half 4 40 percent of the unpaid balance of the assessed penalty 4 41 for each month or part of a month that the penalty 4 42 remains unpaid. The attorney general shall institute, 4 43 at the request of the commission, summary proceedings 4 44 to recover the penalty and any accrued interest. 4 45 3. All civil penalties assessed by the commission 4 46 and interest on the penalties shall be deposited in 4 47 the general fund of the state. 4 48 4. This section does not require the commission to 4 49 pursue an administrative remedy before seeking a 4 50 remedy in the courts of this state. 5 1 5. The civil penalties established in this section 5 2 are in addition to any criminal penalty which may 5 3 apply. 5 4 Sec. 5. Section 68B.35, subsection 2, paragraph e, 5 5 Code 1995, is amended to read as follows: 5 6 e. Members of the banking board, the ethics and 5 7 campaign disclosure board, the credit union review 5 8 board, the economic development board, the employment 5 9 appeal board, the environmental protection commission, 5 10 the health facilities council, the Iowa business 5 11 investment corporation board of directors, the Iowa 5 12 finance authority, the Iowa seed capital corporation, 5 13 the Iowa public employees' retirement system 5 14 investment board, the lottery board, the natural 5 15 resource commission, the board of parole, the 5 16 petroleum underground storage tank fund board, the 5 17 public employment relations board, the state racing 5 18 and gaming commission, the state board of regents, the 5 19 tax review board, the transportation commission, the 5 20 office of consumer advocate, the utilities board, the 5 21 Iowa telecommunications and technology commission, and 5 22 any full-time members of other boards and commissions 5 23 as defined under section 7E.4 who receive an annual 5 24 salary for their service on the board or commission. 5 25 Sec. 6. INTERIM STUDY. The legislative council is 5 26 requested to establish an interim study for the 5 27 purpose of determining the appropriate uses of the 5 28 Iowa communications network. The committee appointed 5 29 to complete this study shall consult with the 5 30 commission and other appropriate individuals in 5 31 conducting this study. 5 32 Sec. 7. APPOINTMENT OF NEW MEMBERS. 5 33 1. One new member to be appointed pursuant to 5 34 section 8D.3, subsection 2, as amended by this Act 5 35 shall be appointed for an initial term of four years. 5 36 2. One new member to be appointed pursuant to 5 37 section 8D.3, subsection 2, as amended by this Act 5 38 shall be appointed for an initial term of two years. 5 39 #2. Title page, line 2, by inserting after the 5 40 word "commission" the following: ", providing for 5 41 matters related to the authority and duties of the 5 42 commission, and providing for civil penalties". 5 43 SF 2147H 5 44 mj/pk/25
Text: S05614 Text: S05616 Text: S05600 - S05699 Text: S Index Bills and Amendments: General Index Bill History: General Index
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