Text: HF02439                           Text: HF02441
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Bills and Amendments: General Index     Bill History: General Index



House File 2440

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 8D.1, Code 2001, is amended to read as
  1  2 follows:
  1  3    8D.1  PURPOSE.
  1  4    It is the intent of the general assembly that fiber optic
  1  5 communications of state government within this state be co-
  1  6 ordinated and expanded to effect maximum practical
  1  7 consolidation, and joint use of communications services, and
  1  8 enhanced economic development efforts.  Operation of the Iowa
  1  9 communications network as a public utility readily available
  1 10 to the citizens of this state shall maximize the educational
  1 11 and economic potential of this state's citizens and position
  1 12 Iowa on the cutting edge of technological development.
  1 13    Sec. 2.  Section 8D.2, subsection 3, Code Supplement 2001,
  1 14 is amended to read as follows:
  1 15    3.  "Network" means the Iowa or state communications
  1 16 network.
  1 17    Sec. 3.  Section 8D.2, Code Supplement 2001, is amended by
  1 18 adding the following new subsections:
  1 19    NEW SUBSECTION.  4A.  "Private authorized user" means any
  1 20 agency, business, or member of the general public not falling
  1 21 within the definition of a private agency or public authorized
  1 22 user contained in subsection 4 or 5.
  1 23    NEW SUBSECTION.  5A.  "Public utility" means a public or
  1 24 private entity which furnishes an extensive range of two-way
  1 25 communications services to the general public for
  1 26 compensation.
  1 27    Sec. 4.  Section 8D.2, subsection 6, Code Supplement 2001,
  1 28 is amended to read as follows:
  1 29    6.  "State Network communications" refers to the
  1 30 transmission of voice, data, video, the written word or other
  1 31 visual signals by electronic means but does not include radio
  1 32 and television facilities and other educational
  1 33 telecommunications systems and services including narrowcast
  1 34 and broadcast systems under the public broadcasting division
  1 35 of the department of education, department of transportation
  2  1 distributed data processing and mobile radio network, or law
  2  2 enforcement communications systems.
  2  3    Sec. 5.  Section 8D.3, subsection 1, unnumbered paragraph
  2  4 2, Code 2001, is amended to read as follows:
  2  5    The commission shall ensure that the network operates in an
  2  6 efficient and responsible manner consistent with the
  2  7 provisions of this chapter for the purpose of providing the
  2  8 best economic service attainable to the network users
  2  9 consistent with the state's network's financial capacity.  The
  2 10 commission shall ensure that educational users and the use,
  2 11 design, and implementation for educational applications be
  2 12 given the highest priority concerning use of the network.  The
  2 13 commission shall provide for the centralized, coordinated use
  2 14 and control of the network.
  2 15    Sec. 6.  Section 8D.3, subsection 3, paragraphs a, i, and
  2 16 k, Code 2001, are amended to read as follows:
  2 17    a.  Enter into agreements pursuant to chapter 28E as
  2 18 necessary and appropriate for the purposes of the commission.
  2 19 However, the commission shall not enter into an agreement with
  2 20 an unauthorized user or any other person pursuant to chapter
  2 21 28E for the purpose of providing such user or person access to
  2 22 the network.
  2 23    i.  Evaluate existing and projected rates for use of the
  2 24 system and ensure that rates are sufficient to pay for the
  2 25 operation of the system excluding the cost of construction and
  2 26 lease costs for Parts I, II, and III.  The commission shall
  2 27 establish all hourly rates to be charged to all authorized
  2 28 users for the use of the network.  A fee established by the
  2 29 commission to be charged to a hospital licensed pursuant to
  2 30 chapter 135B, a physician clinic, or the federal government,
  2 31 or a private authorized user shall be at an appropriate rate
  2 32 so that, at a minimum, there is no state subsidy related to
  2 33 the costs of the connection or use of the network related to
  2 34 such user.
  2 35    k.  Provide necessary telecommunications cabling to provide
  3  1 state network communications.
  3  2    Sec. 7.  Section 8D.11, Code Supplement 2001, is amended to
  3  3 read as follows:
  3  4    8D.11  POWERS – FACILITIES – LEASES.
  3  5    1.  The commission may purchase, lease, and improve
  3  6 property, equipment, and services for telecommunications for
  3  7 public and private agencies and may dispose of property and
  3  8 equipment when not necessary for its purposes.  However, the
  3  9 commission shall not enter into a contract for the purchase,
  3 10 lease, or improvement of property, equipment, or services for
  3 11 telecommunications pursuant to this subsection in an amount
  3 12 greater than one million dollars without prior authorization
  3 13 by a constitutional majority of each house of the general
  3 14 assembly, or approval by the legislative council if the
  3 15 general assembly is not in session.  The commission shall not
  3 16 issue any bonding or other long-term financing arrangements as
  3 17 defined in section 12.30, subsection 1, paragraph "b".  Real
  3 18 or personal property to be purchased by the commission through
  3 19 the use of a financing agreement shall be done in accordance
  3 20 with the provisions of section 12.28, provided, however, that
  3 21 the commission shall not purchase property, equipment, or
  3 22 services for telecommunications pursuant to this subsection in
  3 23 an amount greater than one million dollars without prior
  3 24 authorization by a constitutional majority of each house of
  3 25 the general assembly, or approval by the legislative council
  3 26 if the general assembly is not in session.
  3 27    2.  The commission also shall not provide or resell
  3 28 communications services to entities other than public and
  3 29 private agencies.  The public or private agency An authorized
  3 30 user shall not provide communication services of the network
  3 31 to another individual or entity unless otherwise authorized
  3 32 pursuant to this chapter the authorized user has applied for
  3 33 and been granted permission to do so by the commission.  The
  3 34 commission may arrange for joint use of available services and
  3 35 facilities, and may enter into leases and agreements with
  4  1 private and public agencies authorized users with respect to
  4  2 the Iowa communications network, and public agencies are
  4  3 authorized to enter into leases and agreements with respect to
  4  4 the network for their use and operation.  Rentals and other
  4  5 amounts due under the agreements or leases entered into
  4  6 pursuant to this section by a state agency are payable from
  4  7 funds annually appropriated by the general assembly or from
  4  8 other funds legally available.  Other public agencies may pay
  4  9 the rental costs and other amounts due under an agreement or
  4 10 lease from their annual budgeted funds or other funds legally
  4 11 available or to become available.
  4 12    3.  This section comprises a complete and independent
  4 13 authorization and procedure for a public agency, with the
  4 14 approval of the commission, to enter into a lease or agreement
  4 15 and this section is not a qualification of any other powers
  4 16 which a public agency may possess and the authorizations and
  4 17 powers granted under this section are not subject to the
  4 18 terms, requirements, or limitations of any other provisions of
  4 19 law, except that the commission must comply with the
  4 20 provisions of section 12.28 when entering into financing
  4 21 agreements for the purchase of real or personal property.  All
  4 22 moneys received by the commission from agreements and leases
  4 23 entered into pursuant to this section with private and public
  4 24 agencies authorized users shall be deposited in the Iowa
  4 25 communications network fund.
  4 26    4.  A political subdivision receiving communications
  4 27 services from the state as of April 1, 1986, may continue to
  4 28 do so but communications services shall not be provided or
  4 29 resold to additional political subdivisions other than a
  4 30 school corporation, a city library, a library service area as
  4 31 provided in chapter 256, and a county library as provided in
  4 32 chapter 336.  The rates charged to the political subdivision
  4 33 subdivisions shall be the same as the rates charged to state
  4 34 agencies.
  4 35    Sec. 8.  Section 8D.13, subsection 1, Code Supplement 2001,
  5  1 is amended to read as follows:
  5  2    1.  Moneys in the Iowa communications network fund are
  5  3 appropriated to the Iowa telecommunications and technology
  5  4 commission for purposes of providing financing for the
  5  5 procurement, operation, and maintenance of the Iowa
  5  6 communications network with sufficient capacity to serve the
  5  7 video, data, and voice requirements of the educational
  5  8 telecommunications system consisting of Part I, Part II, and
  5  9 Part III, and other public and private agencies and entities.
  5 10    Sec. 9.  Section 8D.13, subsection 11, Code Supplement
  5 11 2001, is amended to read as follows:
  5 12    11.  The fees charged for use of the network and state
  5 13 network communications shall be based on the ongoing
  5 14 operational costs of the network and of providing state
  5 15 network communications only.  For the services rendered to
  5 16 state agencies authorized users by the commission, the
  5 17 commission shall prepare a statement of services rendered and
  5 18 the agencies authorized users shall pay in a manner consistent
  5 19 with procedures established by the department of revenue and
  5 20 finance.
  5 21    Sec. 10.  Section 8D.13, Code Supplement 2001, is amended
  5 22 by adding the following new subsection:
  5 23    NEW SUBSECTION.  20.  Access to the network shall be
  5 24 offered to private authorized users defined in section 8D.2,
  5 25 subsection 4A, who have applied to and been approved by the
  5 26 commission for authorized user status.  A private authorized
  5 27 user shall be responsible for all costs associated with
  5 28 becoming a part of the network.  Application forms, approval
  5 29 criteria, and user fees shall be established by the
  5 30 commission.  The commission shall additionally establish
  5 31 criteria determining which individuals or entities shall not
  5 32 be eligible to apply for authorized user status, and
  5 33 circumstances upon which a previously authorized user shall
  5 34 lose authorized user status.
  5 35    Sec. 11.  Section 23A.2, subsection 10, Code Supplement
  6  1 2001, is amended by adding the following new paragraph:
  6  2    NEW PARAGRAPH.  p.  The operation of the Iowa
  6  3 communications network pursuant to chapter 8D.  
  6  4                           EXPLANATION
  6  5    This bill provides for the operation of the Iowa
  6  6 communications network (ICN) as a public utility with an
  6  7 authorized user base expanded to include the general public.
  6  8    The bill provides that the ICN may be accessed by private
  6  9 authorized users.  The bill defines a "private authorized
  6 10 user" as any agency, business, or member of the general public
  6 11 not falling within the definitions of public and private
  6 12 agencies contained in Code section 8D.2, subsections 4 and 5.
  6 13 The bill defines a "public utility" as a public or private
  6 14 entity which furnishes an extensive range of two-way
  6 15 communications services to the general public for
  6 16 compensation.
  6 17    The bill provides for changes to Code chapter 8D consistent
  6 18 with the expanded scope of the ICN.  The bill substitutes
  6 19 "network" for "state" where appropriate in describing the
  6 20 operation of the ICN, and adds private authorized users to
  6 21 provisions previously applicable to public and private agency
  6 22 authorization.
  6 23    The bill provides that access to the network shall be
  6 24 offered to private authorized users who have applied to and
  6 25 been approved by the Iowa telecommunications and technology
  6 26 commission for authorized user status.  The bill provides that
  6 27 a private authorized user shall be responsible for all costs
  6 28 associated with becoming a part of the network, and that
  6 29 application forms, approval and disapproval criteria, and user
  6 30 fees shall be established by the commission.
  6 31    The bill adds the operation of the Iowa communications
  6 32 network to the list of exceptions contained in Code chapter
  6 33 23A regarding noncompetition of state agencies with private
  6 34 enterprise.  
  6 35 LSB 5957YH 79
  7  1 rn/pj/5
     

Text: HF02439                           Text: HF02441
Text: HF02400 - HF02499                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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