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House File 730

Partial Bill History

Bill Text

PAG LIN
  1  1                                            HOUSE FILE 730
  1  2 
  1  3                             AN ACT
  1  4 RELATING TO STATE GOVERNMENT TECHNOLOGY AND OPERATIONS, BY MAK-
  1  5    ING AND RELATING TO APPROPRIATIONS TO THE IOWA COMMUNICATIONS
  1  6    NETWORK FOR THE CONNECTION AND SUPPORT OF CERTAIN PART III 
  1  7    USERS, MAKING APPROPRIATIONS TO VARIOUS ENTITIES FOR OTHER 
  1  8    TECHNOLOGY-RELATED PURPOSES, PROVIDING FOR THE PROCUREMENT OF
  1  9    INFORMATION TECHNOLOGY, AND PROVIDING EFFECTIVE DATES.
  1 10 
  1 11 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1 12 
  1 13                           DIVISION I
  1 14                       ICN APPROPRIATIONS
  1 15    Section 1.  TREASURER OF STATE.  There is appropriated from
  1 16 the general fund of the state to the office of treasurer of
  1 17 state for the fiscal year beginning July 1, 1997, and ending
  1 18 June 30, 1998, the following amount, or so much thereof as is
  1 19 necessary, to be used for the purpose designated:
  1 20    For debt service:  
  1 21 .................................................. $ 12,514,756
  1 22    Funds appropriated in this section shall be deposited in a
  1 23 separate fund established in the office of the treasurer of
  1 24 state, to be used solely for debt service for the Iowa
  1 25 communications network.  The commission shall certify to the
  1 26 treasurer of state when a debt service payment is due, and
  1 27 upon receipt of the certification the treasurer shall make the
  1 28 payment.  The commission shall pay any additional amount due
  1 29 from funds deposited in the Iowa communications network fund.
  1 30    Sec. 2.  PART III RELATED APPROPRIATIONS.
  1 31    1.  PART III AUTHORIZED USERS.
  1 32    a.  There is appropriated from the rebuild Iowa
  1 33 infrastructure fund created in section 8.57, subsection 5, to
  1 34 the Iowa communications network fund under the control of the
  1 35 Iowa telecommunications and technology commission for the
  2  1 fiscal year beginning July 1, 1997, and ending June 30, 1998,
  2  2 the following amount, or so much thereof as is necessary, to
  2  3 be used for the purpose designated:
  2  4    For the connection of a minimum of 110 Part III authorized
  2  5 users as determined by the commission and communicated to the
  2  6 general assembly:  
  2  7 .................................................. $ 22,640,000
  2  8 ............................................... FTEs      83.00
  2  9    b.  There is appropriated from the rebuild Iowa
  2 10 infrastructure fund created in section 8.57, subsection 5, to
  2 11 the Iowa communications network fund under the control of the
  2 12 Iowa telecommunications and technology commission for the
  2 13 fiscal year beginning July 1, 1998, and ending June 30, 1999,
  2 14 the following amount, or so much thereof as is necessary, to
  2 15 be used for the purpose designated:
  2 16    For the connection of Part III authorized users as
  2 17 determined by the commission and communicated to the general
  2 18 assembly:  
  2 19 .................................................. $ 17,704,000
  2 20    c.  It is the intent of the general assembly that the
  2 21 connection of the authorized user sites pursuant to this
  2 22 subsection be awarded based upon the Part III contracts
  2 23 executed in 1995.
  2 24    d.  Notwithstanding the fact that funds appropriated
  2 25 pursuant to this subsection will not be made available prior
  2 26 to July 1, 1997, the Iowa telecommunications and technology
  2 27 commission is authorized to negotiate and enter into contracts
  2 28 for ordering necessary equipment related to the completion of
  2 29 the connections authorized in paragraph "a" as deemed
  2 30 appropriate by the commission upon the effective date of this
  2 31 paragraph.
  2 32    e.  It is the intent of the general assembly that the Iowa
  2 33 telecommunications and technology commission review and
  2 34 establish hourly rates, as provided in section 8D.3,
  2 35 subsection 3, paragraph "i", consistent with this paragraph.
  3  1 The general assembly declares its support for, and that it is
  3  2 the intent of the general assembly to continue, subsidization
  3  3 of video rates charged to public or nonpublic schools for
  3  4 grades kindergarten through twelve.  Notwithstanding rules
  3  5 adopted by the commission, the general assembly expects that
  3  6 the commission shall annually review the rates charged and the
  3  7 revenue generated.  The commission shall annually provide a
  3  8 written report to the general assembly by January 15 regarding
  3  9 whether funding available to subsidize rates, as permitted, is
  3 10 sufficient and an explanation as to why funding was sufficient
  3 11 or insufficient, for the immediately preceding fiscal year.
  3 12 If funding is insufficient, the commission shall refer to
  3 13 section 8D.3, subsection 3, paragraph "i", for possible
  3 14 guidance in eliminating any deficit associated with the
  3 15 subsidization of rates.  The elimination of the deficit should
  3 16 not, to the extent practicable, affect the rates charged to
  3 17 public or nonpublic schools for grades kindergarten through
  3 18 twelve.
  3 19    f.  The Iowa telecommunications and technology commission
  3 20 shall review and determine the level of subsidization for
  3 21 courses offered through the use of the network which are
  3 22 noncredit customized courses.  The commission shall evaluate
  3 23 the need for the subsidization of such courses.  The
  3 24 commission shall provide a written report to the general
  3 25 assembly by January 1, 1998, which shall include the findings
  3 26 of the commission and any recommendations related to the
  3 27 issues reviewed.
  3 28    2.  PART III NETWORK COSTS – SUBSIDIZATION FUND.  There is
  3 29 appropriated from the general fund of the state to the
  3 30 department of education for the fiscal year beginning July 1,
  3 31 1997, and ending June 30, 1998, the following amount, or so
  3 32 much thereof as is necessary, to be used for the purposes
  3 33 designated in this subsection:
  3 34    a.  For the subsidization of video rates for authorized
  3 35 users as provided in this subsection, and consistent with
  4  1 chapter 8D, excluding the purposes provided for in paragraph
  4  2 "b":  
  4  3 .................................................. $  2,510,000
  4  4    The department of education shall establish by rule a
  4  5 procedure for the commission to be reimbursed for that portion
  4  6 of the cost of providing interactive video service to
  4  7 nonpublic and public schools for grades kindergarten through
  4  8 twelve and community colleges which is not included in the
  4  9 rates charged to such users for such service.  The Iowa
  4 10 telecommunications and technology commission may submit
  4 11 recommendations concerning the procedure to the department.
  4 12    Notwithstanding section 8.33 or 8.39, any balance remaining
  4 13 from the appropriation in this paragraph shall not revert to
  4 14 the general fund of the state but shall be available for
  4 15 expenditure during the subsequent fiscal year for the same
  4 16 purpose, and shall not be transferred to any other program.
  4 17 The department shall not be liable for reimbursing any amounts
  4 18 which are in excess of the appropriation made in this
  4 19 subsection.
  4 20    b.  For expansion of the Iowa communications network
  4 21 backbone and for the replacement of obsolete equipment:  
  4 22 .................................................. $    500,000
  4 23    Sec. 3.  PUBLIC BROADCASTING.  There is appropriated from
  4 24 the general fund of the state to the public broadcasting
  4 25 division of the department of education for the fiscal year
  4 26 beginning July 1, 1997, and ending June 30, 1998, the
  4 27 following amount, or so much thereof as is necessary, to be
  4 28 used for the purposes designated in subsections 1 and 2:  
  4 29 .................................................. $  2,200,000
  4 30    1.  Of the amount appropriated, $450,000 shall be expended
  4 31 by the public broadcasting division of the department of
  4 32 education to provide support for functions related to the
  4 33 network, including but not limited to the following functions:
  4 34 scheduling for video classrooms; development of distance
  4 35 learning applications; development of a central information
  5  1 source on the Internet relating to educational uses of the
  5  2 network; second-line technical support for network sites;
  5  3 testing and initializing sites onto the network; and
  5  4 coordinating the work of the education telecommunications
  5  5 council.
  5  6    2.  Of the amount appropriated, $1,750,000 shall be
  5  7 allocated by the public broadcasting division of the
  5  8 department of education to the regional telecommunications
  5  9 councils established in section 8D.5.  The regional
  5 10 telecommunications councils shall use the funds to provide
  5 11 technical assistance for network classrooms, planning and
  5 12 troubleshooting for local area networks, scheduling of video
  5 13 sites, and other related support activities.
  5 14    Sec. 4.  As a condition of the appropriations made to the
  5 15 Iowa telecommunications and technology commission in section
  5 16 2, subsection 2 of this Act, and to the public broadcasting
  5 17 division in section 3, of this Act, the commission and the
  5 18 division, in consultation with the legislative fiscal bureau,
  5 19 shall jointly collect information and prepare a report
  5 20 including the number of sites, number of programs offered at
  5 21 each site by type of program, and the estimated number of
  5 22 participants involved.  The estimated number of participants
  5 23 will be based on the number of expected participants at each
  5 24 site provided by the authorized user on the request for the
  5 25 use of the network.  The information collected and reported
  5 26 shall be for all video uses of the network.  Copies of the
  5 27 report shall be provided to the chairpersons and ranking
  5 28 members of the subcommittee on oversight and communications,
  5 29 and to the legislative fiscal bureau.  The report shall be
  5 30 provided biannually with one report provided no later than
  5 31 January 15 for the immediately preceding six-month period
  5 32 beginning July 1 and ending December 31; and an annual report
  5 33 to be provided no later than July 15 containing information
  5 34 for the immediately preceding six-month period beginning
  5 35 January 1 and ending June 30, and also a summary of the
  6  1 information for the immediately preceding fiscal year.
  6  2    Sec. 5.  It is the intent of the general assembly that the
  6  3 Iowa telecommunications and technology commission, local
  6  4 exchange carriers in this state, long distance carriers
  6  5 providing telecommunications services in this state, internet
  6  6 service providers, and the Iowa utilities board establish a
  6  7 partnership to develop and establish a plan to provide nontoll
  6  8 dial-up internet access to areas of the state which currently
  6  9 are not served by an internet provider offering such nontoll
  6 10 access.  The utilities board shall initiate and coordinate the
  6 11 establishment of the partnership and provide staffing
  6 12 assistance to the partnership.  The utilities board shall
  6 13 provide a written report to the general assembly no later than
  6 14 January 1, 1998.
  6 15    Sec. 6.  INFORMATION TECHNOLOGY SERVICES.  There is
  6 16 appropriated from the general fund of the state to the
  6 17 department of general services for the fiscal year beginning
  6 18 July 1, 1997, and ending June 30, 1998, the following amount,
  6 19 or so much thereof as is necessary, to be used for the purpose
  6 20 designated:
  6 21    For the purpose of providing information technology
  6 22 services to state agencies:  
  6 23 .................................................. $  4,704,962
  6 24 ............................................... FTEs     158.00
  6 25    Sec. 7.  CONVERSION OF LEASED ANALOG CIRCUITS.
  6 26 Notwithstanding section 8.57, subsection 5, paragraph "c",
  6 27 there is appropriated from the rebuild Iowa infrastructure
  6 28 fund created in section 8.57, subsection 5, to the Iowa
  6 29 communications network fund created in section 8D.14 for the
  6 30 fiscal year beginning July 1, 1997, and ending June 30, 1998,
  6 31 the following amount, or so much thereof as is necessary, to
  6 32 be used for the purpose designated:
  6 33    For the leasing of T-1 circuits for current Part III analog
  6 34 technology sites until an upgrade to DS-3 circuit connections
  6 35 can be made:  
  7  1 .................................................. $     61,016
  7  2    The telecommunications and technology commission is
  7  3 authorized to use Part III funding to convert any leased
  7  4 analog circuit to a leased DS-3 circuit for a Part III site
  7  5 when the existing contract vendor agrees to upgrade the
  7  6 service.
  7  7    Sec. 8.  TECHNOLOGY PROJECTS.
  7  8    1.  Notwithstanding section 8.57, subsection 5, paragraph
  7  9 "c", there is appropriated from the rebuild Iowa
  7 10 infrastructure fund created in section 8.57, subsection 5, to
  7 11 the department of general services for the fiscal year
  7 12 beginning July 1, 1997, and ending June 30, 1998, the
  7 13 following amount, or so much thereof as is necessary, to be
  7 14 used for the purpose designated:
  7 15    For purposes of implementing reengineering projects with an
  7 16 emphasis on technology:  
  7 17 .................................................. $    800,000
  7 18    The projects identified for funding from the appropriation
  7 19 in this subsection shall be undertaken in consultation with
  7 20 the department of management.
  7 21    2.  Notwithstanding section 8.57, subsection 5, paragraph
  7 22 "c", there is appropriated from the rebuild Iowa
  7 23 infrastructure fund created in section 8.57, subsection 5, to
  7 24 the department of general services for the fiscal year
  7 25 beginning July 1, 1998, and ending June 30, 1999, the
  7 26 following amount, or so much thereof as is necessary, to be
  7 27 used for the purpose designated:
  7 28    For purposes of implementing reengineering projects with an
  7 29 emphasis on technology:  
  7 30 .................................................. $  1,000,000
  7 31    The projects identified for funding from the appropriation
  7 32 in this subsection shall be undertaken in consultation with
  7 33 the department of management.
  7 34    3.  Notwithstanding section 8.57, subsection 5, paragraph
  7 35 "c", there is appropriated from the rebuild Iowa
  8  1 infrastructure fund created in section 8.57, subsection 5, to
  8  2 the Iowa communications network fund under the control of the
  8  3 Iowa telecommunications and technology commission for the
  8  4 fiscal year beginning July 1, 1997, and ending June 30, 1998,
  8  5 the following amount, or so much thereof as is necessary, to
  8  6 be used for the purpose designated:
  8  7    To match funds to make ICN connections at the Anamosa and
  8  8 Rockwell City institutions:  
  8  9 .................................................. $    350,000
  8 10    Sec. 9.  EFFECTIVE DATES.  Section 2, subsection 1,
  8 11 paragraphs "d" and "e", of this division of this Act, which
  8 12 authorize the Iowa telecommunications and technology
  8 13 commission to begin negotiations for ordering necessary
  8 14 equipment prior to the availability of funding and direct the
  8 15 commission to increase rates charged for use of the network,
  8 16 being deemed of immediate importance, take effect upon
  8 17 enactment.  
  8 18                           DIVISION II
  8 19                       CENTURY DATE CHANGE
  8 20    Sec. 10.  REVERSION INCENTIVE PROGRAM FUND.
  8 21    1.  The department of general services shall establish a
  8 22 reversion incentive program fund for purposes of supporting
  8 23 the implementation of century date change programming, and
  8 24 shall be funded as follows:
  8 25    a.  Notwithstanding the distribution formula contained in
  8 26 section 8.62 for an operational appropriation which remains
  8 27 unexpended or unencumbered for the fiscal year beginning July
  8 28 1, 1996, 75 percent of the unexpended or unencumbered moneys
  8 29 subject to that section shall be appropriated to the reversion
  8 30 incentive program fund.  The remaining 25 percent shall remain
  8 31 with the entity to which the appropriation was made.
  8 32 Notwithstanding section 8.33, for an appropriation other than
  8 33 an operational appropriation as provided in section 8.62 which
  8 34 remains unencumbered for the fiscal year beginning July 1,
  8 35 1996, 100 percent of the unexpended or unencumbered moneys
  9  1 shall be appropriated to the reversion incentive program fund.
  9  2    b.  If the total of all moneys appropriated to the fund
  9  3 from unexpended or unencumbered moneys for the fiscal year
  9  4 beginning July 1, 1996, pursuant to paragraph "a" is less than
  9  5 $10 million, there is appropriated from the general fund of
  9  6 the state for the fiscal year beginning July 1, 1997, and
  9  7 ending June 30, 1998, to the reversion incentive program fund
  9  8 on October 1, 1997, an amount equal to the difference between
  9  9 $10 million and such total of all moneys appropriated to the
  9 10 fund pursuant to paragraph "a".
  9 11    c.  Notwithstanding the fact that the total amount of funds
  9 12 appropriated pursuant to paragraph "b" will not be made
  9 13 available prior to October 1, 1997, the department of general
  9 14 services is authorized to negotiate and enter into contracts
  9 15 as necessary to begin the implementation of century date
  9 16 change programming.
  9 17    d.  The appropriation of moneys to the fund made pursuant
  9 18 to this subsection shall terminate when the total amount of
  9 19 moneys appropriated to the fund from all sources provided in
  9 20 this subsection equals $15 million.
  9 21    e.  An agency expending moneys from the fund for
  9 22 implementing century date change programming and which
  9 23 receives moneys from another source, including but not limited
  9 24 to the United States government, for the same purpose shall
  9 25 deposit an amount equal to the amount received from the other
  9 26 source into the general fund of the state up to the amount
  9 27 expended from the fund.
  9 28    f.  The provisions of section 8.33 shall not apply to the
  9 29 moneys appropriated to the reversion incentive program fund
  9 30 provided in this subsection.  Unencumbered or unobligated
  9 31 moneys remaining in the fund on June 30, 2001, shall revert to
  9 32 the general fund of the state on August 31, 2001.
  9 33    2.  The department shall not enter into a contract or any
  9 34 other obligation for the purpose of addressing the need for
  9 35 century date programming which would require the need for
 10  1 funding in excess of the amount appropriated in this section.
 10  2 The department shall utilize, to the greatest extent possible,
 10  3 students and other knowledgeable persons connected with Iowa's
 10  4 colleges and universities in developing or acquiring hardware,
 10  5 software, and programming funded under this section.
 10  6 Otherwise, any acquisition for the purposes described in this
 10  7 section is subject to competitive bidding requirements in rule
 10  8 adopted under law and in accordance with the requirements of
 10  9 this section.  In order to maintain maximum open and free
 10 10 competition among bidders, an eligible bidder shall have been
 10 11 organized or doing business prior to January 1, 1997.  In
 10 12 addition, an eligible bidder shall not have a relationship
 10 13 with the state for assessment of bids or for preparation of a
 10 14 request for proposals under this section.  A bidder with an
 10 15 actual or organizational conflict of interest shall be
 10 16 disqualified.  A bidder shall be considered to have a conflict
 10 17 of interest if the organization, or a parent, subsidiary, or
 10 18 affiliated organization, of which the bidder is a shareholder,
 10 19 partner, limited partner, or member, has a conflict of
 10 20 interest.  A bidder shall provide assurances of compliance
 10 21 with the requirements of this paragraph at the time of
 10 22 submitting a bid or proposal for any acquisition for the
 10 23 purposes described in this section.
 10 24    The department shall retain outside legal counsel for the
 10 25 purpose of reviewing all contracts or agreements entered into
 10 26 associated with implementation of century date change
 10 27 programming.
 10 28    3.  It is the intent of the general assembly that at least
 10 29 50 percent of all resources committed to computing services
 10 30 and computer hardware and software for a department, including
 10 31 full-time equivalent positions, shall be used for implementing
 10 32 century date change programming within that department.  The
 10 33 department of general services shall make a quarterly report
 10 34 concerning implementation of the century date change
 10 35 programming to the chairpersons and ranking members of the
 11  1 subcommittee on oversight and communications, and to the
 11  2 legislative fiscal bureau.  The format for the report shall be
 11  3 developed in consultation with the legislative fiscal bureau.
 11  4 A report shall be made no later than October 15, January 15,
 11  5 April 15, and July 15, for the three-month period immediately
 11  6 preceding the month in which the report is to be made.
 11  7    4.  This section shall not apply to moneys otherwise
 11  8 specifically exempted from reversion by the general assembly;
 11  9 moneys subject to reversion under section 8.33, the reversion
 11 10 of which the general assembly has specifically provided for in
 11 11 another Act enacted during a previous legislative session, or
 11 12 another Act enacted during the 1997 regular session, whether
 11 13 or not such Act is effective before or after the effective
 11 14 date of this section; moneys deposited in a separate account
 11 15 or fund in the state treasury, the unencumbered amounts of
 11 16 which are to be retained in such account or fund as provided
 11 17 by the general assembly; and appropriations which are item
 11 18 vetoed by the governor.
 11 19    Sec. 11.  EFFECTIVE DATE.  Section 10 of this division of
 11 20 this Act, being deemed of immediate importance, takes effect
 11 21 upon enactment.  
 11 22                          DIVISION III
 11 23                      LEGISLATIVE OVERSIGHT
 11 24    Sec. 12.  LEGISLATIVE OVERSIGHT COMMITTEE.
 11 25    1.  COMMITTEE ESTABLISHED.  It is the intent of the general
 11 26 assembly that the legislative council establish a legislative
 11 27 oversight committee which shall be composed of ten members,
 11 28 consisting of three members of the majority party in the
 11 29 senate appointed by the majority leader and two members of the
 11 30 minority party in the senate appointed by the minority leader,
 11 31 and three members of the majority party and two members of the
 11 32 minority party in the house of representatives appointed by
 11 33 the speaker of the house in consultation with the minority
 11 34 leader.  The majority leader of the senate and the speaker of
 11 35 the house of representatives shall each designate a co-
 12  1 chairperson and co-vice chairperson, and the minority leader
 12  2 of the senate and of the house of representatives shall each
 12  3 designate a co-ranking member.
 12  4    2.  POWERS AND DUTIES OF COMMITTEE.
 12  5    a.  The purpose of the legislative oversight committee is
 12  6 to review and analyze the structure and operations of state
 12  7 government and the use of information technology in providing
 12  8 services and enhancing the ability of the public to interact
 12  9 with government.
 12 10    b.  The legislative oversight committee shall be staffed by
 12 11 the legislative fiscal bureau and the legislative service
 12 12 bureau.
 12 13    c.  The legislative oversight committee may, subject to the
 12 14 approval of the legislative council, conduct a review of one
 12 15 or more programs or regulations administered or enforced by
 12 16 state government.
 12 17    d.  The legislative oversight committee shall prepare a
 12 18 final report and a summary of the report for submission to the
 12 19 general assembly not later than the first day of each regular
 12 20 session of the general assembly as provided in section 2.1.
 12 21 The report shall contain findings and recommendations of the
 12 22 legislative oversight committee, which may include proposed
 12 23 bills or resolutions.
 12 24    3.  COMPENSATION AND EXPENSES.  Members of the legislative
 12 25 oversight committee who are not members of the legislative
 12 26 council shall be entitled to receive the same expenses and
 12 27 compensation provided for the members of the legislative
 12 28 council.
 12 29    Sec. 13.  EFFECTIVE DATE.  Section 12, as enacted in this
 12 30 division of this Act, being deemed of immediate importance,
 12 31 take effective upon enactment.  
 12 32                           DIVISION IV
 12 33                          MISCELLANEOUS
 12 34    Sec. 14.  RESTRICTION ON TRANSFERS.  Notwithstanding
 12 35 section 8.39, funds appropriated in this Act shall not be
 13  1 transferred or used for any other purposes than the purposes
 13  2 designated in this Act.
 13  3    Sec. 15.  INTERIM STUDY.  The legislative council is
 13  4 requested to establish an interim study committee to study
 13  5 issues relating to privatizing the management of the Iowa
 13  6 communications network, and to report its findings and
 13  7 recommendations to the general assembly prior to the beginning
 13  8 of the 1998 legislative session.
 13  9    Sec. 16.  PRIVATE COLLEGE CERTIFICATION.  Notwithstanding
 13 10 section 8D.9, the following private colleges which have
 13 11 requested certification for access to the Iowa communications
 13 12 network are authorized for connection and use of the network
 13 13 upon satisfying all mandates and conditions included in
 13 14 section 8D.9:
 13 15    1.  Coe College, Cedar Rapids.
 13 16    2.  Cornell College, Mt. Vernon.
 13 17    3.  Palmer Chiropractic College, Davenport.
 13 18    4.  Simpson College, Indianola.
 13 19    Sec. 17.  Section 8D.13, subsection 11, Code 1997, is
 13 20 amended to read as follows:
 13 21    11.  The fees charged for use of the network and state
 13 22 communications shall be based on the ongoing operational costs
 13 23 of the network and of providing state communications only.
 13 24 For the services rendered to state agencies by the commission,
 13 25 the commission shall prepare a statement of services rendered
 13 26 and the agencies shall pay in a manner consistent with
 13 27 procedures established by the department of revenue and
 13 28 finance.
 13 29    Sec. 18.  Section 18.8, unnumbered paragraph 1, Code 1997,
 13 30 is amended to read as follows:
 13 31    The director shall provide necessary voice or data
 13 32 communications, including telephone and telegraph
 13 33 telecommunications cabling, lighting, fuel, and water services
 13 34 for the state buildings and grounds located at the seat of
 13 35 government, except the buildings and grounds referred to in
 14  1 section 216B.3, subsection 6.
 14  2    Sec. 19.  Section 29C.20, subsection 1, Code 1997, is
 14  3 amended to read as follows:
 14  4    1.  A contingent fund is created in the state treasury for
 14  5 the use of the executive council which may be expended for the
 14  6 purpose of paying the expenses of suppressing an insurrection
 14  7 or riot, actual or threatened, when state aid has been
 14  8 rendered by order of the governor, and for repairing,
 14  9 rebuilding, or restoring state property injured, destroyed, or
 14 10 lost by fire, storm, theft, or unavoidable cause, and for
 14 11 repairing, rebuilding, or restoring state property which is
 14 12 fiberoptic cable and which is injured or destroyed by a wild
 14 13 animal, and for aid to any governmental subdivision in an area
 14 14 declared by the governor to be a disaster area due to natural
 14 15 disasters or to expenditures necessitated by the governmental
 14 16 subdivision toward averting or lessening the impact of the
 14 17 potential disaster, where the effect of the disaster or action
 14 18 on the governmental subdivision is the immediate financial
 14 19 inability to meet the continuing requirements of local
 14 20 government.  Upon application by a governmental subdivision in
 14 21 such an area, accompanied by a showing of obligations and
 14 22 expenditures necessitated by an actual or potential disaster
 14 23 in a form and with further information the executive council
 14 24 requires, the aid may be made in the discretion of the
 14 25 executive council and, if made, shall be in the nature of a
 14 26 loan up to a limit of seventy-five percent of the showing of
 14 27 obligations and expenditures.  The loan, without interest,
 14 28 shall be repaid by the maximum annual emergency levy
 14 29 authorized by section 24.6, or by the appropriate levy
 14 30 authorized for a governmental subdivision not covered by
 14 31 section 24.6.  The aggregate total of loans shall not exceed
 14 32 one million dollars during a fiscal year.  A loan shall not be
 14 33 for an obligation or expenditure occurring more than two years
 14 34 previous to the application.
 14 35    When a state department or agency requests that moneys from
 15  1 the contingent fund be expended to repair, rebuild, or restore
 15  2 state property injured, destroyed, or lost by fire, storm,
 15  3 theft, or unavoidable cause, or to repair, rebuild, or restore
 15  4 state property which is fiberoptic cable and which is injured
 15  5 or destroyed by a wild animal, the executive council shall
 15  6 consider the original source of the funds for acquisition of
 15  7 the property before authorizing the expenditure.  If the
 15  8 original source was other than the general fund of the state,
 15  9 the department or agency shall be directed to utilize moneys
 15 10 from the original source if possible.  The executive council
 15 11 shall not authorize the repairing, rebuilding, or restoring of
 15 12 the property from the disaster aid contingent fund if it
 15 13 determines that moneys from the original source are available
 15 14 to finance the project.  
 15 15 
 15 16 
 15 17                                                             
 15 18                               RON J. CORBETT
 15 19                               Speaker of the House
 15 20 
 15 21 
 15 22                                                             
 15 23                               MARY E. KRAMER
 15 24                               President of the Senate
 15 25 
 15 26    I hereby certify that this bill originated in the House and
 15 27 is known as House File 730, Seventy-seventh General Assembly.
 15 28 
 15 29 
 15 30                                                             
 15 31                               ELIZABETH ISAACSON
 15 32                               Chief Clerk of the House
 15 33 Approved                , 1997
 15 34 
 15 35 
 16  1                         
 16  2 TERRY E. BRANSTAD
 16  3 Governor
     

Text: HF00729                           Text: HF00731
Text: HF00700 - HF00799                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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