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PAG LIN 1 1 Section 1. Section 8D.1, Code 1997, is amended by striking 1 2 the section and inserting in lieu thereof the following: 1 3 8D.1 PURPOSE – LEGISLATIVE INTENT. 1 4 The purpose of this chapter is to effectuate the following 1 5 public policy with respect to the operation of the Iowa 1 6 communications network and to that end this chapter shall be 1 7 strictly construed and administered: 1 8 1. Communications of state government shall be coordinated 1 9 to effect maximum practical consolidation and joint use of 1 10 communications services. 1 11 2. The network shall be used for educational and 1 12 telemedicine purposes by authorized users consistent with the 1 13 authorized uses expressly set forth in this chapter. 1 14 3. The use of the network for educational applications 1 15 consistent with authorized uses shall be given the highest 1 16 priority. 1 17 4. The network shall not be used in any way to transmit 1 18 any personal or private business communications. 1 19 5. The use of the network, or any of its services, shall 1 20 not be provided or resold, directly or indirectly, to an 1 21 unauthorized user. 1 22 6. The commission, or an authorized user, shall not 1 23 collect a fee or charge, directly or indirectly, for the use 1 24 of the network or any of its services, except as expressly 1 25 authorized by this chapter. 1 26 7. The network, or any network services, shall not be used 1 27 in competition with the sale or provision of services to the 1 28 public which are also offered by private enterprise as defined 1 29 in section 23A.1, subsection 2, except as expressly authorized 1 30 by this chapter. 1 31 8. The commission shall not provide access to the network, 1 32 or to any network services, to any person, as defined in 1 33 section 4.1, who is not an authorized user. 1 34 9. The commission shall not provide Part III connections 1 35 to the network using owned, leased, or contracted 2 1 telecommunications facilities to persons, as defined in 2 2 section 4.1, who are not authorized users expressly designated 2 3 by the general assembly to connect to the network. 2 4 10. The authorized use of the network shall take place at 2 5 sites which are located within the facilities of an authorized 2 6 user which is an originating site or a receiving site. 2 7 Sec. 2. Section 8D.2, Code 1997, is amended by adding the 2 8 following new subsections: 2 9 NEW SUBSECTION. 0A. "Authorized use" means the use of the 2 10 network by an authorized user for its own account and for one 2 11 or more of the following purposes: 2 12 a. State communications. 2 13 b. Education. 2 14 c. Telemedicine. 2 15 d. Official governmental use by a state agency or a 2 16 federal agency consistent with the express purposes of this 2 17 chapter. 2 18 NEW SUBSECTION. 0B. "Authorized user" means a private 2 19 agency or public agency, except for a public or private agency 2 20 which was required pursuant to section 8D.9, subsection 1, to 2 21 certify to the commission no later than July 1, 1994, of the 2 22 agency's intent to become a part of the network, and which did 2 23 not provide such certification. 2 24 NEW SUBSECTION. 2A. "Education" means formal academic or 2 25 vocational programs sponsored by accredited nonpublic schools, 2 26 nonprofit institutions of higher education eligible for 2 27 tuition grants, institutions under the control of the state 2 28 board of regents, school corporations, or libraries, for the 2 29 purpose of instructing, teaching, or training students or 2 30 patrons regarding a course or subject, facilitating the 2 31 educational mission of the school, institution, or library, or 2 32 for other official school, institution, or library use 2 33 consistent with the express purposes of this chapter. 2 34 NEW SUBSECTION. 2B. "Federal agency" means each board, 2 35 commission, department, or other unit of the federal 3 1 government with whom the network has an operating agreement. 3 2 NEW SUBSECTION. 2C. "Library" means a city library, a 3 3 regional library as provided in chapter 256, or a county 3 4 library as provided in chapter 336, in which literary, 3 5 musical, artistic, or reference materials are kept for use by 3 6 library patrons, but which are not for sale. 3 7 NEW SUBSECTION. 5A. "School" means an accredited 3 8 nonpublic school, a nonprofit institution of higher education 3 9 eligible for tuition grants, a school corporation, or an 3 10 institution under the control of the state board of regents. 3 11 NEW SUBSECTION. 5B. "State agency" means a board, 3 12 commission, department, or other unit of state government. 3 13 NEW SUBSECTION. 7. "Telemedicine" means use of a 3 14 telecommunications system for diagnostic, clinical, 3 15 consultative, data, or educational services for the purpose of 3 16 developing a comprehensive, statewide telemedicine network for 3 17 use, to the extent provided in section 8D.13, subsection 16, 3 18 by certified or licensed staff members of a hospital licensed 3 19 pursuant to chapter 135B, or by certified or licensed members 3 20 of the medical profession who are members of a physician 3 21 clinic, or who have staff privileges at a hospital licensed 3 22 pursuant to chapter 135B. 3 23 Sec. 3. NEW SECTION. 8D.13A PROHIBITED ACTS. 3 24 The following activities or acts with respect to the 3 25 network are prohibited: 3 26 1. Use of the network, or any network services, to 3 27 transmit a personal or private business communication. 3 28 2. Use of the network, or any network services, either 3 29 directly or indirectly, by a person as defined in section 4.1, 3 30 subsection 20, who is not an authorized user. 3 31 3. Part III connections to the network to persons as 3 32 defined in section 4.1, subsection 20, who are not authorized 3 33 users expressly designated by the general assembly to connect 3 34 to the network. 3 35 4. Resale of the use of the network, or any network 4 1 services, either directly or indirectly, to any unauthorized 4 2 user. 4 3 5. Charging or collecting of a fee by the commission or an 4 4 authorized user, directly or indirectly, for the use of the 4 5 network, or any network services, except as expressly provided 4 6 in this chapter. 4 7 6. Accessing the network, or any network services, from a 4 8 site or facility other than the facilities of an authorized 4 9 user which is an originating site or a receiving site. 4 10 7. Remote or dial-up access to the network or any network 4 11 services. 4 12 8. Use of the network, or any network services, in 4 13 competition with the sale or provision of services to the 4 14 public which are also offered by or available from private 4 15 enterprise, as defined in section 23A.1. 4 16 Sec. 4. EFFECTIVE DATE. This Act, being deemed of 4 17 immediate importance, is effective upon enactment. 4 18 EXPLANATION 4 19 This bill relates to the authorized uses and users of the 4 20 Iowa communications network. 4 21 Code section 8D.1, regarding the purpose and intent of 4 22 chapter 8D, is amended to provide that the network is to be 4 23 used for educational and telemedicine purposes by authorized 4 24 users as provided in the chapter. Educational applications 4 25 consistent with authorized uses of the network are to be given 4 26 the highest priority. The section is also amended to set 4 27 forth specific acts and uses which the general assembly 4 28 intends to be prohibited. 4 29 Code section 8D.2 is amended to add definitions for the 4 30 terms "authorized use", "authorized user", "education", 4 31 "federal agency", "library", "school", "state agency", and 4 32 "telemedicine". 4 33 New Code section 8D.13A is created and prohibits certain 4 34 acts including use of the network to transmit a personal or 4 35 private business communication; use of the network, or any 5 1 network services, either directly or indirectly, by a person 5 2 who is not an authorized user; resale of use of the network, 5 3 or any network services, either directly or indirectly, to any 5 4 unauthorized user; charging or collecting of a fee by the 5 5 commission or an authorized user, directly or indirectly, for 5 6 the use of the network or any network services, except as 5 7 expressly provided in this chapter; accessing the network, or 5 8 any network services, from a site or facility other than the 5 9 facilities of an authorized user which is an originating site 5 10 or a receiving site; remote or dial-up access to the network 5 11 or any network services; use of the network, or any network 5 12 services, in competition with the sale or provision of 5 13 services to the public which are also offered by or available 5 14 from private enterprise, as defined in section 23A.1. 5 15 The bill would take effect upon enactment. 5 16 LSB 1816SC 77 5 17 mj/cf/24.1
Text: SSB00027 Text: SSB00029 Text: SSB00000 - SSB00099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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