Text: S05791 Text: S05793 Text: S05700 - S05799 Text: S Index Bills and Amendments: General Index Bill History: General Index
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PAG LIN 1 1 Amend the House amendment, S-5615, to Senate File 1 2 2147, as passed by the Senate, as follows: 1 3 #1. By striking page 1, line 5, through page 5, 1 4 line 42, 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 five members appointed by the governor and subject to 1 9 confirmation by the senate. Members of the commission 1 10 shall not serve in any manner or be employed by an 1 11 authorized user of the network or by an entity seeking 1 12 to do or doing business with the network. The 1 13 governor shall appoint a member as the chairperson of 1 14 the commission from thethreefive members appointed 1 15 by the governor, subject to confirmation by the 1 16 senate. Members of the commission shall serve six- 1 17 year staggered terms as designated by the governor and 1 18 appointments to the commission are subject to the 1 19 requirements of sections 69.16, 69.16A, and 69.19. 1 20 Vacancies shall be filled by the governor for the 1 21 duration of the unexpired term. The salary of the 1 22 members of the commission shall be twenty thousand 1 23 dollars per year, except that the salary of the 1 24 chairperson shall be twenty-five thousand dollars per 1 25 year. Members of the commission shall also be 1 26 reimbursed for all actual and necessary expenses 1 27 incurred in the performance of duties as members. 1 28 Meetings of the commission shall be held at the call 1 29 of the chairperson of the commission. In addition to 1 30 the members appointed by the governor, the auditor of 1 31 state or the auditor's designee shall serve as a 1 32 nonvoting, ex officio member of the commission. 1 33 The benefits and salary paid to the members of the 1 34 commission shall be adjusted annually equal to the 1 35 average of the annual pay adjustments, expense 1 36 reimbursements, and related benefits provided under 1 37 collective bargaining agreements negotiated pursuant 1 38 to chapter 20. 1 39 Sec. 2. Section 8D.11, subsection 1, Code 1995, is 1 40 amended to read as follows: 1 41 1. The commission may purchase, lease-purchase, 1 42 lease, and improve property,and equipment, and1 43servicesfor telecommunications for public and private 1 44 agencies and may dispose of property and equipment 1 45 when not necessary for its purposes. However, the 1 46 commission shall not enter into a contract for the 1 47 purchase, lease-purchase, lease, or improvement of 1 48 property,or equipment, or servicesfor 1 49 telecommunications pursuant to this subsection in an 1 50 amount greater thanfive hundred thousandone million 2 1 dollars without prior authorization by a 2 2 constitutional majority of each house of the general 2 3 assembly, or approval by the legislative council if 2 4 the general assembly is not in session. The lease- 2 5 purchase agreement may contain provisions, including 2 6 interest, term, and obligations to make payments on 2 7 the lease-purchase agreements, beyond the budget year 2 8 in which the lease-purchase agreement is entered. For 2 9 the purpose of funding its obligation to furnish 2 10 moneys under a lease-purchase agreement entered into 2 11 pursuant to this section, the treasurer of state, with 2 12 the assistance of the Iowa telecommunications and 2 13 technology commission or the treasurer of state's duly 2 14 authorized agent or representative, may enter into a 2 15 master lease agreement to borrow moneys to be used to 2 16 purchase property or equipment for telecommunications 2 17 services for public or private agencies. The 2 18 obligations may be in such form, for such term, 2 19 bearing such interest, and containing such provisions 2 20 as the Iowa telecommunications and technology 2 21 commission, in consultation with the treasurer of 2 22 state, deems necessary or appropriate. The commission 2 23 shall not issue any bonding or other long-term 2 24 financing arrangements as defined in section 12.30, 2 25 subsection 1, paragraph "b". 2 26 PARAGRAPH DIVIDED. The commission also shall not 2 27 provide or resell communications services to entities 2 28 other than public and private agencies. The public or 2 29 private agency shall not provide communication 2 30 services of the network to another entity unless 2 31 otherwise authorized pursuant to this chapter. The 2 32 commission may arrange for joint use of available 2 33 services and facilities, and may enter into leases and 2 34 agreements with private and public agencies with 2 35 respect to the Iowa communications network, and public 2 36 agencies are authorized to enter into leases and 2 37 agreements with respect to the network for their use 2 38 and operation. Rentals and other amounts due under 2 39 the agreements or leases entered into pursuant to this 2 40 section by a state agency are payable from funds 2 41 annually appropriated by the general assembly or from 2 42 other funds legally available. Other public agencies 2 43 may pay the rental costs and other amounts due under 2 44 an agreement or lease from their annual budgeted funds 2 45 or other funds legally available or to become 2 46 available. This section comprises a complete and 2 47 independent authorization and procedure for a public 2 48 agency, with the approval of the commission, to enter 2 49 into a lease or agreement and related security 2 50 enhancement arrangements and this section is not a 3 1 qualification of any other powers which a public 3 2 agency may possess and the authorizations and powers 3 3 granted under this section are not subject to the 3 4 terms, requirements, or limitations of any other 3 5 provisions of law. All moneys received by the 3 6 commission from agreements and leases entered into 3 7 pursuant to this section with private and public 3 8 agencies shall be deposited in the Iowa communications 3 9 network fund. 3 10 Sec. 3. Section 68B.35, subsection 2, paragraph e, 3 11 Code 1995, is amended to read as follows: 3 12 e. Members of the banking board, the ethics and 3 13 campaign disclosure board, the credit union review 3 14 board, the economic development board, the employment 3 15 appeal board, the environmental protection commission, 3 16 the health facilities council, the Iowa business 3 17 investment corporation board of directors, the Iowa 3 18 finance authority, the Iowa seed capital corporation, 3 19 the Iowa public employees' retirement system 3 20 investment board, the lottery board, the natural 3 21 resource commission, the board of parole, the 3 22 petroleum underground storage tank fund board, the 3 23 public employment relations board, the state racing 3 24 and gaming commission, the state board of regents, the 3 25 tax review board, the transportation commission, the 3 26 office of consumer advocate, the utilities board, the 3 27 Iowa telecommunications and technology commission, and 3 28 any full-time members of other boards and commissions 3 29 as defined under section 7E.4 who receive an annual 3 30 salary for their service on the board or commission. 3 31 Sec. 4. TASK FORCE ESTABLISHED. 3 32 1. The Iowa telecommunications and technology 3 33 commission established in section 8D.3 shall 3 34 coordinate and assist in the completion of a task 3 35 force study concerning the provision of access to the 3 36 network to authorized users, including access to the 3 37 Internet. The study shall include a review of any 3 38 legal and practical issues which are identified by the 3 39 commission or the individual members of the task force 3 40 created to conduct the study. 3 41 2. a. The Iowa telecommunications and technology 3 42 commission shall establish a task force to conduct the 3 43 study under subsection 1 composed of public members as 3 44 deemed appropriate by the commission. 3 45 b. In addition to the public members appointed by 3 46 the commission under paragraph "a", the majority and 3 47 minority leaders in the senate and the speaker and the 3 48 minority leader in the house of representatives shall 3 49 appoint one member each to serve on the task force. 3 50 The legislative appointees are eligible for per diem 4 1 and actual expenses in the fulfillment of their duties 4 2 as members of the task force. 4 3 3. The Iowa telecommunications and technology 4 4 commission shall utilize funds from the appropriation 4 5 for the study relating to the sale or conversion of 4 6 the network contained in 1995 Iowa Acts, chapter 210, 4 7 section 4, subsection 3, that remain unencumbered and 4 8 unobligated on the effective date of this section, for 4 9 the completion of the study to be conducted pursuant 4 10 to this section. 4 11 4. This section, being deemed of immediate 4 12 importance, takes effect upon enactment. 4 13 Sec. 5. INITIAL APPOINTMENTS OF NEW COMMISSION 4 14 MEMBERS. The two new members of the Iowa 4 15 telecommunications and technology commission provided 4 16 for in section 1 of this Act shall be appointed on or 4 17 before July 1, 1996, to the following terms: 4 18 1. One member shall be appointed for a term of 4 19 five years. 4 20 2. One member shall be appointed for a term of 4 21 three years." 4 22 #2. Title page, line 2, by inserting after the 4 23 word "commission" the following: ", providing for 4 24 matters relating to the authority and duties of the 4 25 commission, and providing an effective date". 4 26 4 27 4 28 4 29 ROBERT DVORSKY 4 30 SF 2147.204 76 4 31 mj/jj
Text: S05791 Text: S05793 Text: S05700 - S05799 Text: S Index Bills and Amendments: General Index Bill History: General Index
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