Text: S05513 Text: S05515 Text: S05500 - S05599 Text: S Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend the amendment, S-5380, to Senate File 2395, 1 2 as amended, passed, and reprinted by the Senate, as 1 3 follows: 1 4 #1. Page 6, by striking lines 33 through 38. 1 5 #2. Page 6, by striking lines 39 through 48 and 1 6 inserting the following: 1 7 "# . Page 17, by inserting before line 7 the 1 8 following: 1 9 "Sec. . NEW SECTION. 14B.301 INFORMATION 1 10 TECHNOLOGY COUNCIL CITIZEN SUBCOMMITTEE – DUTIES. 1 11 1. An information technology council citizen 1 12 subcommittee is established comprised of the five 1 13 members of the information technology council 1 14 appointed pursuant to section 14B.104, subsection 1, 1 15 paragraph "a", subparagraph (7). 1 16 Members of the citizen subcommittee shall not serve 1 17 in any manner or be employed by an authorized user of 1 18 the network or by an entity seeking to do or doing 1 19 business with the network. The governor shall appoint 1 20 a member as the chairperson of the citizen 1 21 subcommittee from the five members appointed by the 1 22 governor, subject to confirmation by the senate. 1 23 Members of the citizen subcommittee shall be 1 24 reimbursed for all actual and necessary expenses 1 25 incurred in the performance of duties as members. 1 26 Meetings of the citizen subcommittee shall be held at 1 27 the call of the chairperson of the citizen 1 28 subcommittee or by a majority of the members of the 1 29 citizen subcommittee. In addition to the members 1 30 appointed by the governor, the auditor of state or the 1 31 auditor's designee shall serve as a nonvoting, ex 1 32 officio member of the citizen subcommittee. 1 33 Beginning July 1, 2002, members of the citizen 1 34 subcommittee shall be paid a salary as determined by 1 35 the general assembly. It is the intent of the general 1 36 assembly that the salary paid to the members of the 1 37 citizen subcommittee, beginning July 1, 2002, be 1 38 commensurate with the salary which would have been 1 39 paid at that time to members of the Iowa 1 40 telecommunications and technology commission if such 1 41 commission were to continue to exist on and after July 1 42 1, 2002. 1 43 2. Beginning July 1, 2000, the citizen 1 44 subcommittee shall establish all rates to be charged 1 45 for access to and for value-added services performed 1 46 through IowAccess. 1 47 3. On July 1, 2002, the citizen subcommittee shall 1 48 do all of the following: 1 49 a. Adopt rules pursuant to chapter 17A as deemed 1 50 appropriate and necessary, and directly related to the 2 1 implementation and administration of the duties of the 2 2 citizen subcommittee under this subchapter. 2 3 b. Establish an appeal process for review by the 2 4 citizen subcommittee of a scheduling conflict 2 5 decision, including a scheduling conflict involving an 2 6 educational user, or the establishment of a fee 2 7 associated with the network upon the request of a 2 8 person affected by such decision or fee. An appeal of 2 9 a fee associated with the network shall be pursuant to 2 10 a contested case proceeding pursuant to chapter 17A. 2 11 The citizen subcommittee shall issue a written 2 12 decision including findings of fact and conclusions of 2 13 law. A determination made by the citizen subcommittee 2 14 pursuant to this paragraph shall be final. 2 15 c. Review and approve for adoption, rules as 2 16 proposed and submitted by an authorized user group 2 17 necessary for the authorized user group's access and 2 18 use of the network. The citizen subcommittee may 2 19 refuse to approve and adopt a proposed rule, and upon 2 20 such refusal, shall return the proposed rule to the 2 21 respective authorized user group proposing the rule 2 22 with a statement indicating the citizen subcommittee's 2 23 reason for refusing to approve and adopt the rule. 2 24 d. Establish mechanisms to encourage and receive 2 25 citizen input regarding the operation of the network 2 26 and other issues associated with the duties of the 2 27 citizen subcommittee. 2 28 e. Make recommendations to the department to 2 29 ensure that rural communities have access to 2 30 comparable services to the services provided in urban 2 31 areas resulting from any plans to construct, install, 2 32 repair, or maintain any part of the network. 2 33 f. Annually prepare a written five-year financial 2 34 plan for the network which shall be provided to the 2 35 information technology council who shall deliver the 2 36 plan to the general assembly and the governor no later 2 37 than January 15 of each year. The plan shall include 2 38 estimates for income and expenses for the network for 2 39 the five-year period and the actual income and 2 40 expenses for the preceding fiscal year. 2 41 g. (1) Evaluate existing and projected rates for 2 42 use of the system and ensure that rates are sufficient 2 43 to pay for the operation of the system, excluding the 2 44 cost of construction and lease costs for Parts I, II, 2 45 and III. The citizen subcommittee shall establish all 2 46 hourly rates to be charged to all authorized users for 2 47 the use of the network. A fee established by the 2 48 citizen subcommittee to be charged to a hospital 2 49 licensed pursuant to chapter 135B, a physician clinic, 2 50 or the federal government shall be at an appropriate 3 1 rate so that, at a minimum, there is no state subsidy 3 2 related to the costs of the connection or use of the 3 3 network related to such user. 3 4 (2) It is the intent of the general assembly that 3 5 the guidelines and policies to be used by the citizen 3 6 subcommittee in establishing a rate-setting 3 7 methodology for the network be established by law by 3 8 no later than July 1, 2002. 3 9 h. Make recommendations to the information 3 10 technology council and the department, as deemed 3 11 appropriate by the citizen subcommittee, concerning 3 12 the operation of the network and other issues as 3 13 deemed appropriate by the citizen subcommittee, or as 3 14 requested by the information technology council or the 3 15 department. 3 16 Sec. . NEW SECTION. 14B.302 NETWORK RATES – 3 17 APPEAL PROCESS. 3 18 1. A rate or fee established by the citizen 3 19 subcommittee pursuant to section 14B.301, subsection 3 20 3, paragraph "g", shall be subject to appeal by any 3 21 person adversely affected with respect to such rate or 3 22 fee. 3 23 2. A person who intends to appeal a rate or fee 3 24 pursuant to this section shall file a written notice 3 25 of appeal with the utilities board, with the written 3 26 decision of the citizen subcommittee attached, within 3 27 thirty days of the final action of the citizen 3 28 subcommittee establishing the rate or fee which is the 3 29 subject of the appeal. The utilities board, upon 3 30 receipt of the notice of appeal, shall forward a copy 3 31 of such notice to the citizen subcommittee. The 3 32 utilities board shall set times for transmittal of the 3 33 record, filing of exceptions and briefs, and, with the 3 34 consent of the utilities board, oral arguments. The 3 35 utilities board shall notify the parties of such 3 36 deadlines. The utilities board shall issue a final 3 37 ruling on the appeal within ninety days of receipt of 3 38 the notice of appeal. The utilities board, in 3 39 conducting such appeal, shall hear the case on the 3 40 evidentiary record made in a contested case 3 41 proceeding, and not de novo. The utilities board 3 42 shall review only the cost analysis and justifications 3 43 for the rates or fees appealed, and make its ruling 3 44 solely on whether the rates or fees have been 3 45 established consistent with applicable law and the 3 46 rules adopted for establishing such rates or fees. 3 47 The utilities board shall either uphold the action of 3 48 the citizen subcommittee with respect to such rate or 3 49 fee, or direct the rate or fee back to the citizen 3 50 subcommittee for further consideration. 4 1 3. The utilities board, by rule, shall establish a 4 2 review procedure for the hearing of such appeals." 4 3 # . Page 17, by striking lines 13 through 31 and 4 4 inserting the following: 4 5 "Sec. . Section 8D.2, Code 1999, is amended to 4 6 read as follows: 4 7 8D.2 DEFINITIONS. 4 8 When used in thischaptersubchapter, unless the 4 9 context otherwise requires: 4 10 1. "Citizen subcommittee" means the information 4 11 technology council citizen subcommittee appointed by 4 12 the governor pursuant to section 14B.104. 4 131.2. "Commission" means the Iowa 4 14 telecommunications and technology commission 4 15 established in section 8D.3. 4 162. "Director" means the executive director4 17appointed pursuant to section 8D.4.4 18 3. "Network" means the Iowa or state 4 19 communications network. 4 20 4. "Private agency" means an accredited nonpublic 4 21 school, a nonprofit institution of higher education 4 22 eligible for tuition grants, or a hospital licensed 4 23 pursuant to chapter 135B or a physician clinic to the 4 24 extent provided in section 8D.13, subsection 16. 4 25 5. "Public agency" means a state agency, an 4 26 institution under the control of the board of regents, 4 27 the judicial branch as provided in section 8D.13, 4 28 subsection 17, a school corporation, a city library, a 4 29 regional library as provided in chapter 256, a county 4 30 library as provided in chapter 336, or a judicial 4 31 district department of correctional services 4 32 established in section 905.2, to the extent provided 4 33 in section 8D.13, subsection 15, an agency of the 4 34 federal government, or a United States post office 4 35 which receives a federal grant for pilot and 4 36 demonstration projects. 4 37 6. "State communications" refers to the 4 38 transmission of voice, data, video, the written word 4 39 or other visual signals by electronic means but does 4 40 not include radio and television facilities and other 4 41 educational telecommunications systems and services 4 42 including narrowcast and broadcast systems under the 4 43 public broadcasting division of the department of 4 44 education, department of transportation distributed 4 45 data processing and mobile radio network, or law 4 46 enforcement communications systems. 4 47 Sec. . Section 8D.3, subsections 1 and 3, Code 4 48 Supplement 1999, are amended to read as follows: 4 49 1. COMMISSION ESTABLISHED. A telecommunications 4 50 and technology commission is establishedwith the sole5 1authority to supervise the management, development,5 2and operation of the network and ensure that all5 3components of the network are technically compatible5 4 to establish policies and rates and to resolve 5 5 disputes as provided in this subchapter.The5 6commission shall ensure that the network operates in5 7an efficient and responsible manner consistent with5 8the provisions of this chapter for the purpose of5 9providing the best economic service attainable to the5 10network users consistent with the state's financial5 11capacity.The commission and the director shall 5 12 ensure that educational users and the use, design, and 5 13 implementation for educational applications be given 5 14 the highest priority concerning use of the network. 5 15The commission shall provide for the centralized,5 16coordinated use and control of the network.Effective 5 17 July 1, 2002, the telecommunications and technology 5 18 commission established in this section shall be 5 19 disbanded and the powers and duties of the commission 5 20 under this section shall be transferred to the 5 21 information technology council citizen subcommittee 5 22 established under section 14B.301. 5 23 3. DUTIES. The commission shall do all of the 5 24 following: 5 25a. Enter into agreements pursuant to chapter 28E5 26as necessary and appropriate for the purposes of the5 27commission. However, the commission shall not enter5 28into an agreement with an unauthorized user or any5 29other person pursuant to chapter 28E for the purpose5 30of providing such user or person access to the5 31network.5 32b.a. Adopt rules pursuant to chapter 17A as 5 33 deemed appropriate and necessary, and directly related 5 34 to the implementation and administration of the duties 5 35 of the commission under this subchapter.The5 36commission, in consultation with the department of5 37general services, shall also adopt and provide for5 38standard communications procedures and policies5 39relating to the use of the network which recognize, at5 40a minimum, the need for reliable communications5 41services.5 42c.b. Establish an appeal process for review by 5 43 the commission of a scheduling conflict decision, 5 44 including a scheduling conflict involving an 5 45 educational user, or the establishment of a fee 5 46 associated with the network upon the request of a 5 47 person affected by such decision or fee. A 5 48 determination made by the commission pursuant to this 5 49 paragraph shall be final. 5 50d.c. Review and approve for adoption, rules as 6 1 proposed and submitted by an authorized user group 6 2 necessary for the authorized user group's access and 6 3 use of the network. The commission may refuse to 6 4 approve and adopt a proposed rule, and upon such 6 5 refusal, shall return the proposed rule to the 6 6 respective authorized user group proposing the rule 6 7 with a statement indicating the commission's reason 6 8 for refusing to approve and adopt the rule. 6 9e. (1) Develop and issue for response all6 10requests for proposals for any construction,6 11installation, repair, maintenance, or equipment and6 12parts necessary for the network. In preparing the6 13request for proposals, the commission shall do all of6 14the following:6 15(a) Review existing requests for proposals related6 16to the network.6 17(b) Consider and evaluate all competing6 18technologies which could be used in any construction,6 19installation, repair, or maintenance project.6 20(c) Allow flexibility for proposals to be6 21submitted in response to a request for proposals6 22issued by the commission such that any qualified6 23provider may submit a bid on a site-by-site basis, or6 24on a merged area or defined geographic area basis, or6 25both, and by permitting proposals to be submitted for6 26use of competing or alternative technologies in each6 27defined area.6 28(d) Ensure that rural communities have access to6 29comparable services to the services provided in urban6 30areas resulting from any plans to construct, install,6 31repair, or maintain any part of the network.6 32(2) In determining which proposal to recommend to6 33the general assembly to accept, consider what is in6 34the long-term best interests of the citizens of the6 35state and the network, and utilize, if possible, the6 36provision of services with existing service providers6 37consistent with those best interests. In determining6 38what is in the long-term best interests of the6 39citizens of the state and the network, the commission,6 40at a minimum, shall consider the cost to taxpayers of6 41the state.6 42(3) Deliver a written report and all proposals6 43submitted in response to the request for proposals for6 44Part III to the general assembly no later than January6 451, 1995. The commission shall not enter into any6 46agreement related to such proposals without prior6 47authorization by a constitutional majority of each6 48house of the general assembly and approval by the6 49governor.6 50f.d. Annually prepare a written five-year 7 1 financial plan for the network which shall be provided 7 2 to the information technology council which shall 7 3 deliver the plan to the general assembly and the 7 4 governor no later than January 15 of each year. The 7 5 plan shall include estimates for income and expenses 7 6 for the network for the five-year period and the 7 7 actual income and expenses for the preceding fiscal 7 8 year.The plan shall include the amount of general7 9fund appropriations to be requested for the payment of7 10operating expenses and debt service. The plan shall7 11also include any recommendations of the commission7 12related to changes in the system and other items as7 13deemed appropriate by the commission. The7 14recommendations of the commission contained in the7 15plan shall include a detailed plan for the connection7 16of all public schools to the network, including a7 17discussion and evaluation of all potential financing7 18options, an estimate of all costs incurred in7 19providing such connections, and a schedule for7 20completing such connections, including the anticipated7 21final completion date for such connections.7 22g. Review existing maintenance contracts and past7 23contracts to determine vendor capability to perform7 24the obligations under such contracts. The commission7 25shall report to the general assembly prior to January7 261 of each year as to the performance of all vendors7 27under each contract and shall make recommendations7 28concerning continued funding for the contracts.7 29h. Pursue available opportunities to cooperate and7 30coordinate with the federal government for the use and7 31potential expansion of the network and for the7 32financing of any such expansion.7 33i.e. Evaluate existing and projected rates for 7 34 use of the system and ensure that rates are sufficient 7 35 to pay for the operation of the system excluding the 7 36 cost of construction and lease costs for Parts I, II, 7 37 and III. The commission shall establish all hourly 7 38 rates to be charged to all authorized users for the 7 39 use of the network. A fee established by the 7 40 commission to be charged to a hospital licensed 7 41 pursuant to chapter 135B, a physician clinic, or the 7 42 federal government shall be at an appropriate rate so 7 43 that, at a minimum, there is no state subsidy related 7 44 to the costs of the connection or use of the network 7 45 related to such user. 7 46j.f. Make recommendations to thegeneral assembly7 47 director and the information technology council, as 7 48 deemed appropriate by the commission, concerning the 7 49 operation of the network. 7 50k. Provide necessary telecommunications cabling to8 1provide state communications.8 2 Sec. . NEW SECTION. 8D.3A DEPARTMENT DUTIES. 8 3 For the purposes of this subchapter, the department 8 4 shall do all of the following: 8 5 1. Supervise the management, development, and 8 6 operation of the network and ensure that all 8 7 components of the network are technically compatible 8 8 consistent with the standards established by the 8 9 information technology council pursuant to section 8 10 14B.104. 8 11 2. Provide for the centralized, coordinated use 8 12 and control of the network. 8 13 3. Enter into agreements pursuant to chapter 28E 8 14 as necessary and appropriate for the purposes of the 8 15 department. However, the department shall not enter 8 16 into an agreement with an unauthorized user or any 8 17 other person pursuant to chapter 28E for the purpose 8 18 of providing such user or person access to the 8 19 network. 8 20 4. a. Develop and issue for response all requests 8 21 for proposals for any construction, installation, 8 22 repair, maintenance, or equipment and parts necessary 8 23 for the network. In preparing the request for 8 24 proposals, the department shall do all of the 8 25 following: 8 26 (1) Review existing requests for proposals related 8 27 to the network. 8 28 (2) Consider and evaluate all competing 8 29 technologies which could be used in any construction, 8 30 installation, repair, or maintenance project. 8 31 (3) Allow flexibility for proposals to be 8 32 submitted in response to a request for proposals 8 33 issued by the department such that any qualified 8 34 provider may submit a bid on a site-by-site basis, or 8 35 on a merged area or defined geographic area basis, or 8 36 both, and by permitting proposals to be submitted for 8 37 use of competing or alternative technologies in each 8 38 defined area. 8 39 (4) Ensure that rural communities have access to 8 40 comparable services to the services provided in urban 8 41 areas resulting from any plans to construct, install, 8 42 repair, or maintain any part of the network. 8 43 b. In determining which proposal to recommend to 8 44 the general assembly to accept, consider what is in 8 45 the long-term best interests of the citizens of the 8 46 state and the network, and utilize, if possible, the 8 47 provision of services with existing service providers 8 48 consistent with those best interests. In determining 8 49 what is in the long-term best interests of the 8 50 citizens of the state and the network, the department, 9 1 at a minimum, shall consider the cost to taxpayers of 9 2 the state. 9 3 c. Deliver a written report and all proposals 9 4 submitted in response to the request for proposals for 9 5 Part III to the general assembly no later than January 9 6 1, 1995. The department shall not enter into any 9 7 agreement related to such proposals without prior 9 8 authorization by a constitutional majority of each 9 9 house of the general assembly and approval by the 9 10 governor. 9 11 5. Annually provide to the general assembly the 9 12 amount of general fund appropriations to be requested 9 13 for the payment of operating expenses and debt 9 14 service. The department shall also provide to the 9 15 general assembly any recommendations related to 9 16 changes in the system and other items as deemed 9 17 appropriate by the department. The recommendations of 9 18 the department shall include a detailed plan for the 9 19 connection of all public schools to the network, 9 20 including a discussion and evaluation of all potential 9 21 financing options, an estimate of all costs incurred 9 22 in providing such connections, and a schedule for 9 23 completing such connections, including the anticipated 9 24 final completion date for such connections. 9 25 6. Review existing maintenance contracts and past 9 26 contracts to determine vendor capability to perform 9 27 the obligations under such contracts. The department 9 28 shall report to the general assembly prior to January 9 29 1 of each year as to the performance of all vendors 9 30 under each contract and shall make recommendations 9 31 concerning continued funding for the contracts. 9 32 7. Pursue available opportunities to cooperate and 9 33 coordinate with the federal government for the use and 9 34 potential expansion of the network and for the 9 35 financing of any such expansion. 9 36 8. Provide necessary telecommunications cabling to 9 37 provide state communications. 9 38 Sec. . NEW SECTION. 8D.3B INFORMATION 9 39 TECHNOLOGY COUNCIL DUTIES. 9 40 For purposes of this subchapter, the information 9 41 technology council shall do all of the following: 9 42 1. Ensure that the network operates in an 9 43 efficient and responsible manner consistent with the 9 44 provisions of this division for the purpose of 9 45 providing the best economic service attainable to the 9 46 network users consistent with the state's financial 9 47 capacity. 9 48 2. In consultation with the department of general 9 49 services, adopt and provide for standard 9 50 communications procedures and policies relating to the 10 1 use of the network which recognize, at a minimum, the 10 2 need for reliable communications services. 10 3 Sec. . Section 8D.5, subsection 1, Code 1999, 10 4 is amended to read as follows: 10 5 1. An education telecommunications council is 10 6 established. The council consists of eighteen members 10 7 and shall include the following: two persons 10 8 appointed by the state board of regents; two persons 10 9 appointed by the Iowa association of community college 10 10 trustees; two persons appointed by the area education 10 11 agency boards; two persons appointed by the Iowa 10 12 association of school boards; two persons appointed by 10 13 the school administrators of Iowa; two persons 10 14 appointed by the Iowa association of independent 10 15 colleges and universities; two persons appointed by 10 16 the Iowa state education association; three persons 10 17 appointed by the director of the department of 10 18 education including one person representing libraries 10 19 and one person representing the Iowa association of 10 20 nonpublic school administrators; and one person 10 21 appointed by the administrator of the public 10 22 broadcasting division of the department of education. 10 23 The council shall establish scheduling and site usage 10 24 policies for educational users of the network, 10 25 coordinate the activities of the regional 10 26 telecommunications councils, and develop proposed 10 27 rules and changes to rules for recommendation to the 10 28 commission, the department, and the information 10 29 technology council, as appropriate. The council shall 10 30 also recommend long-range plans for enhancements 10 31 needed for educational applications. Administrative 10 32 support and staffing for the council shall be provided 10 33 by the department of education. 10 34 Sec. . Section 8D.6, Code 1999, is amended to 10 35 read as follows: 10 36 8D.6 ADVISORY GROUPS ESTABLISHED. 10 37 1. The commission shall establish an advisory 10 38 group to examine the use of the network for 10 39 telemedicine applications. The advisory group shall 10 40 consist of representatives of hospitals and other 10 41 health care facilities as determined by the 10 42 commission. The advisory group shall provide advice 10 43 to the commission, the department, and the information 10 44 technology council. 10 45 2. The commission may establish other advisory 10 46 committees as necessary representing authorized users 10 47 of the network. An advisory committee established by 10 48 the commission shall provide advice to the commission, 10 49 the department, and the information technology 10 50 council. 11 1 Sec. . Section 8D.7, Code 1999, is amended to 11 2 read as follows: 11 3 8D.7 TELECOMMUNICATIONS ADVISORY COMMITTEE. 11 4 A telecommunications advisory committee is 11 5 established to advise the commission, the department, 11 6 and the information technology council on 11 7 telecommunications matters. The commission shall 11 8 appoint five members to the advisory committee who 11 9 shall represent specific telecommunications industries 11 10 or persons with technical expertise related to the 11 11 network. 11 12 Sec. . Section 8D.10, Code 1999, is amended to 11 13 read as follows: 11 14 8D.10 REPORT OF SAVINGS BY STATE AGENCIES. 11 15 A state agency which is a part of the network shall 11 16 annually provide a written report to the general 11 17 assembly and the information technology council 11 18 certifying the identified savings associated with the 11 19 state agency's use of the network. The report shall 11 20 be delivered on or before January 15 for the previous 11 21 fiscal year of the state agency. 11 22 Sec. . Section 8D.11, Code 1999, is amended to 11 23 read as follows: 11 24 8D.11 POWERS – FACILITIES – LEASES. 11 25 1. Thecommissiondepartment may purchase, lease, 11 26 and improve property, equipment, and services for 11 27 telecommunications for public and private agencies and 11 28 may dispose of property and equipment when not 11 29 necessary for its purposes. However, for purposes of 11 30 this subchapter, thecommissiondepartment shall not 11 31 enter into a contract for the purchase, lease, or 11 32 improvement of property, equipment, or services for 11 33 telecommunications pursuant to this subsection in an 11 34 amount greater than one million dollars without prior 11 35 authorization by a constitutional majority of each 11 36 house of the general assembly, or approval by the 11 37 legislative council if the general assembly is not in 11 38 session. Thecommissiondepartment shall not issue 11 39 any bonding or other long-term financing arrangements 11 40 as defined in section 12.30, subsection 1, paragraph 11 41 "b". Real or personal property to be purchased by the 11 42commissiondepartment through the use of a financing 11 43 agreement shall be done in accordance with the 11 44 provisions of section 12.28, provided, however, that 11 45 thecommissiondepartment shall not purchase property, 11 46 equipment, or services for telecommunications pursuant 11 47 to this subsection in an amount greater than one 11 48 million dollars without prior authorization by a 11 49 constitutional majority of each house of the general 11 50 assembly, or approval by the legislative council if 12 1 the general assembly is not in session. 12 2 2. Thecommissiondepartment also shall not 12 3 provide or resell communications services to entities 12 4 other than public and private agencies. The public or 12 5 private agency shall not provide communication 12 6 services of the network to another entity unless 12 7 otherwise authorized pursuant to this chapter. The 12 8commissiondepartment may arrange for joint use of 12 9 available services and facilities, and may enter into 12 10 leases and agreements with private and public agencies 12 11 with respect to the Iowa communications network, and 12 12 public agencies are authorized to enter into leases 12 13 and agreements with respect to the network for their 12 14 use and operation. Rentals and other amounts due 12 15 under the agreements or leases entered into pursuant 12 16 to this section by a state agency are payable from 12 17 funds annually appropriated by the general assembly or 12 18 from other funds legally available. Other public 12 19 agencies may pay the rental costs and other amounts 12 20 due under an agreement or lease from their annual 12 21 budgeted funds or other funds legally available or to 12 22 become available. 12 23 3. This section comprises a complete and 12 24 independent authorization and procedure for a public 12 25 agency, with the approval of thecommission12 26 department, to enter into a lease or agreement and 12 27 this section is not a qualification of any other 12 28 powers which a public agency may possess and the 12 29 authorizations and powers granted under this section 12 30 are not subject to the terms, requirements, or 12 31 limitations of any other provisions of law, except 12 32 that thecommissiondepartment must comply with the 12 33 provisions of section 12.28 when entering into 12 34 financing agreements for the purchase of real or 12 35 personal property. All moneys received by the 12 36commissiondepartment from agreements and leases 12 37 entered into pursuant to this section with private and 12 38 public agencies shall be deposited in the Iowa 12 39 communications network fund. 12 40 4. A political subdivision receiving 12 41 communications services from the state as of April 1, 12 42 1986, may continue to do so but communications 12 43 services shall not be provided or resold to additional 12 44 political subdivisions other than a school 12 45 corporation, a city library, a regional library as 12 46 provided in chapter 256, and a county library as 12 47 provided in chapter 336. The rates charged to the 12 48 political subdivision shall be the same as the rates 12 49 charged to state agencies. 12 50 Sec. . Section 8D.12, Code 1999, is amended to 13 1 read as follows: 13 2 8D.12 DISPOSITION OF NETWORK – APPROVAL OF 13 3 GENERAL ASSEMBLY AND GOVERNOR. 13 4 Notwithstanding any provision to the contrary, the 13 5commissioninformation technology department or the 13 6 department of general services shall not sell, lease, 13 7 or otherwise dispose of the network without prior 13 8 authorization by a constitutional majority of each 13 9 house of the general assembly and approval by the 13 10 governor. 13 11 Sec. . Section 8D.13, subsections 1, 3, 4, 7, 13 12 8, 9, 10, 13, and 18, Code Supplement 1999, are 13 13 amended to read as follows: 13 14 1. Moneys in the Iowa communications network fund 13 15 are appropriated to theIowa telecommunications and13 16technology commissiondepartment for purposes of 13 17 providing financing for the procurement, operation, 13 18 and maintenance of the Iowa communications network 13 19 with sufficient capacity to serve the video, data, and 13 20 voice requirements of the educational 13 21 telecommunications system consisting of Part I, Part 13 22 II, and Part III, and other public and private 13 23 agencies. 13 24 3. The financing for the procurement costs for the 13 25 entirety of Part I except for the communications 13 26 connections between central switching and institutions 13 27 under the control of the board of regents, and 13 28 nonprofit institutions of higher education eligible 13 29 for tuition grants, and for the video, data, and voice 13 30 capacity for state agencies and for Part II and Part 13 31 III, shall be provided by the state. The financing 13 32 for the procurement and maintenance costs for Part III 13 33 shall be provided by the state. A local school board, 13 34 governing authority of a nonpublic school, or an area 13 35 education agency board may elect to provide one 13 36 hundred percent of the financing for the procurement 13 37 and maintenance costs for Part III to become part of 13 38 the network. The basis for the amount of state 13 39 financing is one hundred percent of a single 13 40 interactive audio and interactive video connection for 13 41 Part III, and such data and voice capacity as is 13 42 necessary. If a school board, governing authority of 13 43 a nonpublic school, or area education agency board 13 44 elects to provide one hundred percent of the financing 13 45 for the leasing costs for Part III, the school 13 46 district or area education agency may become part of 13 47 the network as soon as the network can reasonably 13 48 connect the district or agency. A local school board, 13 49 governing authority of a nonpublic school, or an area 13 50 education agency board may also elect not to become 14 1 part of the network. Construction of Part III, 14 2 related to a school board, governing authority of a 14 3 nonpublic school, or area education agency board which 14 4 provides one hundred percent of the financing for the 14 5 leasing costs for Part III, may proceed as determined 14 6 by thecommissioninformation technology council and 14 7 consistent with the purpose of this chapter. 14 8 4. Thecommissiondepartment shall develop the 14 9 requests for proposals that are needed for the Iowa 14 10 communications network with sufficient capacity to 14 11 serve the video, data, and voice requirements of state 14 12 agencies and for educational telecommunications 14 13 applications. Thecommissiondepartment shall develop 14 14 a request for proposals for each of the systems that 14 15 will make up the network. Thecommissiondepartment 14 16 may develop a request for proposals for each 14 17 definitive component of the network or thecommission14 18 department may provide in the request for proposals 14 19 for each such system that separate contracts may be 14 20 entered into for each definitive component covered by 14 21 the request for proposals. The requests for proposals 14 22 may be for the purchase, lease-purchase, or lease of 14 23 the component parts of the network consistent with the 14 24 provisions of thischaptersubchapter, may require 14 25 maintenance costs to be identified, and the resulting 14 26 contract may provide for maintenance for parts of the 14 27 network. The master contract may provide for 14 28 electronic classrooms, satellite equipment, receiving 14 29 equipment, studio and production equipment, and other 14 30 associated equipment as required. 14 31 7. Thecommission shall bedepartment is 14 32 responsible for the network design and shall be 14 33 responsible for the implementation of each component 14 34 of the network as it is incorporated into the network. 14 35 The final design selected shall optimize the routing 14 36 for all users in order to assure maximum utilization 14 37 by all agencies of the state. Efficiencies achieved 14 38 in the implementation of the network shall be used to 14 39 fund further implementation and enhancement of the 14 40 network, and shall be considered part of the 14 41 operational cost of the network. Thecommission shall14 42bedepartment is responsible for all management, 14 43 operations, control switching, diagnostics, and 14 44 maintenance functions of network operations as 14 45 provided in thischaptersubchapter. The performance 14 46 of these duties is intended to provide optimal 14 47 utilization of the facilities, and the assurance that 14 48 future growth requirements will be provided for, and 14 49 that sufficient network capacity will be available to 14 50 meet the needs of all users. 15 1 8. The education telecommunications council shall 15 2 review all requests for grants for educational 15 3 telecommunications applications, if they are a part of 15 4 the Iowa communications network, to ensure that the 15 5 educational telecommunications application is 15 6 consistent with the telecommunications plan. All 15 7 other grant requests shall be reviewed as determined 15 8 by thecommissioninformation technology council. If 15 9 the education telecommunications council finds that a 15 10 grant request is inconsistent with the 15 11 telecommunications plan, the grant request shall not 15 12 be allowed. 15 13 9. The procurement and maintenance of electronic 15 14 equipment including, but not limited to, master 15 15 receiver antenna systems, studio and production 15 16 equipment, and broadcast system components shall be 15 17 provided for under thecommission'sdepartment's 15 18 contracts. The Iowa public broadcasting board and 15 19 other educational entities within the state have the 15 20 option to use their existing or replacement resources 15 21 and agreements in the operation and maintenance of 15 22 these systems. 15 23 10. In addition to the other evaluation criteria 15 24 specified in the request for proposals issued pursuant 15 25 to this section, thecommissiondepartment, in 15 26 evaluating proposals, shall base up to two percent of 15 27 the total possible points on the public benefit that 15 28 can be derived from a given proposal due to the 15 29 increased private telecommunications capacity 15 30 available to Iowa citizens located in rural Iowa. For 15 31 purposes of this subsection, an area of the state is 15 32 considered rural if it is not part of a federally 15 33 designated standard metropolitan statistical area. 15 34 13. The auditor of state shall, no less than 15 35 annually, examine the financial condition and 15 36 transactions of thecommissionnetwork as provided in 15 37 chapter 11. A copy of the auditor's report concerning 15 38 such examination shall be provided to the general 15 39 assembly. 15 40 18. Notwithstanding chapter 476, the provisions of 15 41 chapter 476 shall not apply to a public utility in 15 42 furnishing a telecommunications service or facility to 15 43 thecommissiondepartment for the Iowa communications 15 44 network or to any authorized user of the Iowa 15 45 communications network for such authorized user's 15 46 connection to the network. 15 47 Sec. . Section 8D.14, Code 1999, is amended to 15 48 read as follows: 15 49 8D.14 IOWA COMMUNICATIONS NETWORK FUND. 15 50 There is created in the office of the treasurer of 16 1 state a fund to be known as the Iowa communications 16 2 network fund under the control of theIowa16 3telecommunications and technology commission16 4 department. There shall be deposited into the Iowa 16 5 communications network fund proceeds from bonds issued 16 6 for purposes of projects authorized pursuant to 16 7 section 8D.13, funds received from leases pursuant to 16 8 section 8D.11, and other moneys by law credited to or 16 9 designated by a person for deposit into the fund." 16 10 # . Page 19, by inserting after line 6 the 16 11 following: 16 12 "Sec. . INFORMATION TECHNOLOGY COUNCIL 16 13 TEMPORARY EX OFFICIO MEMBER. Notwithstanding section 16 14 14B.104, as enacted in this Act, one member of the 16 15 Iowa telecommunications and technology commission 16 16 established in section 8D.3 shall serve as the 16 17 twentieth member and as an ex officio, nonvoting 16 18 member of the information technology council 16 19 established in section 14B.104 through June 30, 2002. 16 20 Sec. . TRANSFER OF FUNCTIONS AND EMPLOYEES. 16 21 The director of the information technology department 16 22 and the administrator of the public broadcasting 16 23 division of the department of education, in 16 24 consultation with the director of the department of 16 25 education, shall make recommendations to the general 16 26 assembly by no later than January 12, 2001, concerning 16 27 the functions and full-time equivalent positions to be 16 28 transferred from the public broadcasting division to 16 29 the information technology department. 16 30 Sec. . RULES CONTINUED. Notwithstanding any 16 31 contrary provision, a rule adopted by the Iowa 16 32 telecommunications and technology commission pursuant 16 33 to chapter 8D and effective on July 1, 2000, with 16 34 respect to any duty or responsibility of the 16 35 commission which is transferred to the citizen 16 36 subcommittee established pursuant to section 14B.301, 16 37 shall be deemed to be a rule of the citizen 16 38 subcommittee and remain effective until such time as 16 39 the citizen subcommittee modifies or repeals such 16 40 rule, or until such time as the general assembly 16 41 nullifies such rule. 16 42 Sec. . RULES CONTINUED. Notwithstanding any 16 43 contrary provision, a rule adopted by the Iowa 16 44 telecommunications and technology commission pursuant 16 45 to chapter 8D and effective on July 1, 2002, shall be 16 46 deemed to be a rule of the citizen subcommittee 16 47 established pursuant to section 14B.301 and remain 16 48 effective until such time as the citizen subcommittee 16 49 modifies or repeals such rule, or until such time as 16 50 the general assembly nullifies such rule. 17 1 Sec. . CONTRACTS CONTINUED. Notwithstanding 17 2 any contrary provision, a contract or agreement 17 3 entered into by the Iowa telecommunications and 17 4 technology commission pursuant to its authority under 17 5 chapter 8D and in existence on July 1, 2002, shall 17 6 remain effective for the term of such contract or 17 7 agreement. The citizen subcommittee established 17 8 pursuant to section 14B.301, for purposes of such 17 9 contract or agreement, shall be considered the 17 10 commission's successor in interest and shall have all 17 11 the rights and responsibilities under such contract or 17 12 agreement as if the citizen subcommittee were the 17 13 commission, unless otherwise provided by law. 17 14 Sec. . DIRECTIONS TO CODE EDITOR. The Code 17 15 editor shall transfer the provisions of chapter 8D to 17 16 chapter 14B, as enacted in this Act, and codify these 17 17 sections as a separate subchapter in chapter 14B."" 17 18 #3. By renumbering as necessary. 17 19 17 20 17 21 17 22 ROBERT E. DVORSKY 17 23 SF 2395.313 78 17 24 mj/cf
Text: S05513 Text: S05515 Text: S05500 - S05599 Text: S Index Bills and Amendments: General Index Bill History: General Index
© 2000 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Thu Apr 20 03:36:04 CDT 2000
URL: /DOCS/GA/78GA/Legislation/S/05500/S05514/000419.html
jhf