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Senate Study Bill 82

Conference Committee Text

PAG LIN
  1  1    Section 1.  Section 21.2, subsection 1, Code 1995, is
  1  2 amended by adding the following new paragraph:
  1  3    NEW PARAGRAPH.  i.  A statewide notification center
  1  4 established pursuant to chapter 480.
  1  5    Sec. 2.  Section 22.1, subsection 1, Code 1995, is amended
  1  6 to read as follows:
  1  7    1.  The term "government "Government body" means this
  1  8 state, or any county, city, township, school corporation,
  1  9 political subdivision, tax-supported district, nonprofit
  1 10 corporation other than a county or district fair or
  1 11 agricultural society, whose facilities or indebtedness are
  1 12 supported in whole or in part with property tax revenue and
  1 13 which is licensed to conduct pari-mutuel wagering pursuant to
  1 14 chapter 99D, a statewide notification center established
  1 15 pursuant to chapter 480, or other entity of this state, or any
  1 16 branch, department, board, bureau, commission, council,
  1 17 committee, official or officer, of any of the foregoing or any
  1 18 employee delegated the responsibility for implementing the
  1 19 requirements of this chapter.
  1 20    Sec. 3.  Section 480.3, Code 1995, is amended to read as
  1 21 follows:
  1 22    480.3  NOTIFICATION CENTER ESTABLISHED &endash; PARTICIPATION.
  1 23    1.  a.  A statewide notification center is established and
  1 24 shall be organized as a nonprofit corporation pursuant to
  1 25 chapter 504A.  The center shall be governed by a board of
  1 26 directors which shall represent and be elected by operators,
  1 27 excavators, and other persons who participate in the center.
  1 28 The board shall, with input from all interested parties,
  1 29 determine the operating procedures and technology needed for a
  1 30 single statewide notification center, and establish a
  1 31 notification process and competitive bidding procedure to
  1 32 select a vendor to provide the notification service.  The
  1 33 competitive bidding procedure shall be established consistent
  1 34 with sections 384.96 through 384.102.  The terms of the
  1 35 agreement for the notification service may be modified from
  2  1 time to time by the board, and the agreement shall be
  2  2 reviewed, with an opportunity to receive new bids, no less
  2  3 frequently than every three years.
  2  4    b.  Upon the selection of a vendor pursuant to paragraph
  2  5 "a", the board shall notify the chairperson of the utilities
  2  6 board in writing of the selection.  The board shall submit an
  2  7 annual report to the chairperson of the utilities board
  2  8 including a complete financial report of the receipts and
  2  9 expenditures of the notification center and the vendor,
  2 10 including a list of all operators and the amount of the total
  2 11 fees and assessments paid by each operator, a copy of the
  2 12 annual audit, and a review of the services provided by the
  2 13 notification center and the vendor.
  2 14    c.  The board is subject to chapters 21 and 22.
  2 15    2.  The board shall implement the latest and most cost-
  2 16 effective technological improvements for the center in order
  2 17 to provide operators and excavators with the most accurate
  2 18 data available and in a timely manner to allow operators and
  2 19 excavators to perform their responsibilities with the minimum
  2 20 amount of interruptions.
  2 21    3.  Every operator shall participate in and share in the
  2 22 costs of the notification center.  The financial condition and
  2 23 the transactions of the notification center shall be audited
  2 24 at least once each year in the same manner as a city as
  2 25 provided in section 11.6.  The notification center shall not
  2 26 provide any form of aid or make a contribution to a political
  2 27 party or to the campaign of a candidate for political or
  2 28 public office.  In addition to any applicable civil penalty,
  2 29 as provided in section 480.6, a violation of this section
  2 30 constitutes a simple misdemeanor.  
  2 31                           EXPLANATION
  2 32    This bill amends provisions relating to the statewide
  2 33 notification center established pursuant to chapter 480.
  2 34    Sections 1 and 2 provide that the statewide notification
  2 35 center is subject to the open meetings and public records
  3  1 provisions of chapters 21 and 22.
  3  2    Section 480.3 is amended to provide that the vendor
  3  3 selected to provide the notification service is to be selected
  3  4 pursuant to the competitive bidding procedures applicable to
  3  5 cities.  The section is amended to provide that the annual
  3  6 report to the chairperson of the utilities board must include
  3  7 a complete financial report of the receipts and expenditures
  3  8 of the center and the vendor.  The section is also amended to
  3  9 provide that the center is to be audited in the same manner as
  3 10 a city and to prohibit the center from making political
  3 11 contributions.  A violation of the section constitutes a
  3 12 simple misdemeanor.  
  3 13 LSB 1521SC 76
  3 14 mj/jj/8
     

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