House File 2536
HOUSE FILE
BY COMMITTEE ON COMMERCE,
REGULATION AND LABOR
(SUCCESSOR TO HSB 645)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act providing for the sale of Iowa communications network
2 assets, providing for related technical and substantive
3 changes, and providing an effective date.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 5450HV 80
6 rn/pj/5
PAG LIN
1 1 Section 1. SALE OF IOWA COMMUNICATIONS NETWORK ASSETS ==
1 2 FINDINGS AND PURPOSE AND DEFINITIONS.
1 3 1. FINDINGS AND PURPOSE. The Iowa communications network
1 4 is a valuable state telecommunications asset and has provided
1 5 fair, reasonable, and predictable access to advanced
1 6 telecommunications technology for authorized users for the
1 7 past ten years. With over seven hundred seventy video
1 8 classrooms located statewide and three thousand one hundred
1 9 miles of owned fiber, the more than one thousand two hundred
1 10 authorized users are able to equally access state=of=the=art
1 11 voice, video, data, and internet services at comparable prices
1 12 statewide, regardless of location. At a time when budgets are
1 13 strained and there is a shortage in the availability of
1 14 educators, it is essential that the educational content
1 15 carried over the Iowa communications network be preserved and
1 16 enhanced. It is also vital that secure telecommunications
1 17 services provided by the Iowa communications network to
1 18 homeland security and public defense providers be retained.
1 19 The state desires to remain a credible business partner to all
1 20 current authorized network users. To ensure that the
1 21 utilization of the Iowa communications network resource is
1 22 maximized while minimizing further investment by the state to
1 23 maintain the infrastructure, it is in the best interest of the
1 24 citizens of this state to offer some of the assets of the Iowa
1 25 communications network for sale, while retaining ample
1 26 capacity to provide authorized users required
1 27 telecommunications services now and in the future. Through a
1 28 sale of most of the fiberoptic cable and optronics, or light=
1 29 passing equipment, and retaining capacity through long=term
1 30 indefeasible right=of=use agreements, the state would continue
1 31 to provide telecommunications services and adequate capacity
1 32 into the future. Selling the Iowa communications network
1 33 assets using an intermediary professional agent specializing
1 34 in telecommunications resources to market the assets will
1 35 strengthen the ability of the state to receive a fair price
2 1 for the assets while allowing an impartial third party using
2 2 predetermined sales criteria to determine the most qualified
2 3 buyer. By using the sales proceeds to prepay remaining
2 4 construction debt and provide revenue for an equipment
2 5 replacement fund, state=provided funding for network
2 6 maintenance and upgrade will be minimized. Continued
2 7 provision of the full array of network services will appear
2 8 seamless to current authorized users when the sales process is
2 9 completed.
2 10 2. DEFINITIONS. As used in sections 1 through 6 of this
2 11 Act, unless the context otherwise requires:
2 12 a. "Advanced telecommunications services" means high=
2 13 quality voice, data, graphics, and video telecommunications
2 14 services using any technology with regard to transmission
2 15 media that utilizes high=speed, switched, broadband
2 16 telecommunications capability.
2 17 b. "Authority" means the Iowa communications network sales
2 18 authority established to oversee the sale of backbone assets
2 19 pursuant to this Act.
2 20 c. "Authorized user" means a private or public agency, as
2 21 defined in section 8D.2, except for a public or private agency
2 22 which was required pursuant to section 8D.9, subsection 1, to
2 23 certify to the commission not later than July 1, 1994, the
2 24 agency's intent to become a part of the network and which did
2 25 not provide such certification. Agencies that obtained
2 26 legislative approval to join the network after July 1, 1994,
2 27 will be treated as a public or private agency for purposes of
2 28 this definition and all provisions of chapter 8D.
2 29 d. "Backbone assets" means the backbone fiber comprising
2 30 the five fiber optic rings located outside of the Des Moines
2 31 metropolitan area and the optronic equipment associated with
2 32 those rings.
2 33 e. "Capacity" means the information=carrying ability of a
2 34 telecommunications facility. The measurement of capacity is
2 35 determined by the purpose of the facility.
3 1 f. "Certificates of participation" means the two issuances
3 2 of certificates of participation issued by the state in 1992
3 3 and 1993 to fund the construction of the owned fiber and
3 4 equipment for Parts I and II of the network as defined in
3 5 chapter 8D.
3 6 g. "Commission" means the Iowa telecommunications and
3 7 technology commission as defined in section 8D.2.
3 8 h. "Indefeasible right of use" means an indefeasible right
3 9 to use fiber, including an entire cable or a portion of the
3 10 capacity of a cable, or channels of a given bandwidth for a
3 11 defined period of time.
3 12 i. "Iowa communications network hub" means the
3 13 telecommunications facility located in the joint forces
3 14 headquarters armory, Johnston, Iowa, where the main switching
3 15 and maintenance operations of the network take place.
3 16 j. "Network" means the Iowa communications network.
3 17 k. "Network operations center" means the maintenance and
3 18 network diagnostic equipment that manages the network
3 19 infrastructure.
3 20 l. "Optronics" means the fiberoptic equipment that
3 21 activates the fiber and allows light to traverse.
3 22 m. "Professional agent" means any person having
3 23 specialized expertise required in the process of selling the
3 24 Iowa communications network including but not limited to
3 25 expertise regarding brokerage, contracting, asset valuation,
3 26 sales, or negotiation services.
3 27 n. "Prospective purchaser" means the potential purchaser
3 28 of the network that the professional agent recommends to the
3 29 authority to purchase the network assets, as provided in
3 30 section 3 of this Act.
3 31 o. "Qualified purchaser" means a prospective purchaser
3 32 that has been approved by the governor and qualified in
3 33 accordance with the provisions of section 4 of this Act.
3 34 p. "Right=of=way accommodation agreement" means a twenty=
3 35 year agreement between the network and the department of
4 1 transportation that includes an option to extend the agreement
4 2 for an additional ten years, which is definitive with respect
4 3 to the use of interstate rights=of=way and gives the
4 4 department of transportation the sole right to approve or deny
4 5 other users of the sheath, trench, or any of the ducts.
4 6 q. "Telecommunications facility" means a collection of
4 7 fibers which originates at an access point and ends at the
4 8 fiberoptic termination connector attached to the electronic
4 9 and optronic equipment necessary to transmit voice, video, or
4 10 data transmissions across the fiberoptic network.
4 11 r. "Telecommunications services" means the provision of
4 12 any of the following services:
4 13 (1) Local exchange telephone services.
4 14 (2) Long distance telephone services.
4 15 (3) Internet access services.
4 16 (4) Cable television services.
4 17 Sec. 2. IOWA COMMUNICATIONS NETWORK SALES AUTHORITY
4 18 ESTABLISHED.
4 19 1. AUTHORITY ESTABLISHED == PURPOSE == POWERS. An Iowa
4 20 communications network sales authority is established with the
4 21 sole authority to oversee the sales process regarding transfer
4 22 of ownership of the network's backbone assets to a qualified
4 23 purchaser pursuant to this Act. Subject to final approval of
4 24 the selection of the qualified purchaser and terms of sale by
4 25 the governor, the authority's operation shall not be subject
4 26 to the jurisdiction or control of any other state agency, and
4 27 the authority shall possess full and sole authority over the
4 28 Iowa communications network backbone asset sales process.
4 29 However, the authority is subject to the general operations
4 30 practices and procedures which are generally applicable to
4 31 other state agencies during the period of its operation. The
4 32 authority shall be in existence from the effective date of
4 33 this Act until a qualified purchaser has been approved by the
4 34 governor, and all sales agreements necessary to complete the
4 35 sale have been negotiated and entered into.
5 1 2. MEMBERSHIP. Membership of the authority shall consist
5 2 of the treasurer of state, the auditor of state, two members
5 3 of the Iowa telecommunications and technology commission, and
5 4 one member of the Iowa utilities board. Three members of the
5 5 authority shall constitute a quorum, and the members shall
5 6 elect a chairperson, vice chairperson, secretary, and other
5 7 officers as determined necessary. Meetings of the authority
5 8 shall be held at the call of the chairperson or when a
5 9 majority of the members so requests. The members of the
5 10 authority shall not receive compensation by reason of their
5 11 membership.
5 12 Sec. 3. PROFESSIONAL AGENT RETENTION. The authority shall
5 13 issue a request for proposals to retain a professional agent
5 14 with telecommunications asset sales experience to market and
5 15 coordinate the sales process of the backbone assets.
5 16 The governor, in consultation with the treasurer of state
5 17 and the department of management, shall be authorized to
5 18 negotiate fair and equitable terms of compensation for the
5 19 professional agent. The described backbone assets shall only
5 20 be available for a single private vendor, or a consortium
5 21 acting as a single private vendor, to purchase and the state
5 22 shall retain an indefeasible right of use with respect to
5 23 certain amounts of backbone capacity in optical wavelengths
5 24 for a negotiated period of seven to twenty=five years, and two
5 25 optional renewal periods of ten years each. As part of the
5 26 sale, the purchaser shall enter into indefeasible right=of=use
5 27 agreements with the state in which the purchaser shall grant
5 28 the state an indefeasible right of use with respect to
5 29 backbone capacity and optical wavelengths and Part II
5 30 facilities and the dark fiber connecting various Part III
5 31 aggregation points to network backbone=switching points.
5 32 During the term of an indefeasible right=of=use agreement, the
5 33 state as holder of the indefeasible right of use will have
5 34 complete and total ownership of the fiber or channels
5 35 identified in the indefeasible right=of=use agreement, may use
6 1 the fiber or channels as if they were a physically owned asset
6 2 of the state, and the state's interest in the fiber or
6 3 channels cannot be annulled or made void by the grantor of the
6 4 indefeasible right of use or any other party. At the end of
6 5 the term of an indefeasible right=of=use agreement and any
6 6 renewal periods, title to the equipment and fiber assets and
6 7 optical wavelength capacities covered by the agreement shall
6 8 pass completely to the purchaser. The terms of the sale of
6 9 the assets shall also include provisions committing the
6 10 commission to purchase field services, including maintenance,
6 11 provisioning, and build out, from the purchaser and committing
6 12 the commission to pay a monthly fee for fiber maintenance and
6 13 field services for the assets that are sold. The request for
6 14 proposals shall be issued no later than six months from the
6 15 date of enactment of this Act. The request for proposals may
6 16 include:
6 17 1. A detailed list of the network assets for sale.
6 18 2. A detailed description of the unfettered and
6 19 unrestricted use of specified capacities of optical
6 20 wavelengths occupying a portion of the backbone assets.
6 21 3. A procedure to determine the compensation for the
6 22 successful professional agent.
6 23 4. Parameters surrounding the sale, to be determined by
6 24 the governor, which shall include but not be limited to the
6 25 following:
6 26 a. The amount of time the state would allow the
6 27 professional agent to market the assets.
6 28 b. A provision that the governor or the governor's
6 29 designee shall have the ultimate discretion to accept or
6 30 reject an offer from a prospective purchaser.
6 31 c. A detailed framework for the indefeasible right=of=use
6 32 agreement between the state and the successful purchaser as
6 33 well as indefeasible right=of=use agreements for Part II
6 34 facilities. The indefeasible right=of=use agreements and any
6 35 other agreements necessary to complete the sale shall clearly
7 1 provide that the network and the state shall be held harmless
7 2 in the event the purchaser suffers a loss of revenue due to a
7 3 failure of any assets sold to the purchaser or to a failure of
7 4 any portion of the network being shared by the network.
7 5 d. A detailed process and procedures for routing capacity
7 6 from the backbone termination points in public buildings to
7 7 sites owned by the purchaser and sharing of alternating
7 8 current power, direct current power, and high=voltage
7 9 alternating current power needed to operate the purchaser's
7 10 equipment and related expenses in the public buildings.
7 11 e. A detailed framework for the standards required
7 12 regarding network maintenance.
7 13 f. A requirement that the purchaser offer advanced
7 14 telecommunications services equitably across the state,
7 15 specifically serving areas where those types of services are
7 16 not yet available.
7 17 g. A requirement that the purchaser grant the network the
7 18 right to participate in future upgrades of the backbone
7 19 electronics statewide in the fiberoptic network outside the
7 20 Des Moines metropolitan area.
7 21 h. The criteria to be used as a basis for determining the
7 22 successful purchaser.
7 23 i. An analysis of a prospective purchaser's financial
7 24 stability with particular attention to assessing the
7 25 prospective purchaser's potential vulnerability to bankruptcy.
7 26 j. A requirement that during the negotiations process, the
7 27 prospective purchaser shall offer the state reasonable surety
7 28 of long=term economic viability. Such surety may include a
7 29 requirement of posting bond or some other financial
7 30 compensation to guard against the purchaser's inability to
7 31 meet the financial terms of the agreement. The purchaser
7 32 shall guarantee that the state's indefeasible right=of=use
7 33 agreements shall be protected in the case of the bankruptcy of
7 34 the purchaser.
7 35 The authority shall select the professional agent
8 1 submitting the proposal that provides the best overall value
8 2 to the state. The public interest requires that the
8 3 authority's ability to enter into a contract with a
8 4 professional agent not be delayed; therefore, the decision of
8 5 the authority shall be final. Notwithstanding the provisions
8 6 of chapter 17A a professional agent not selected by the
8 7 authority shall not be entitled to a contested case hearing or
8 8 to otherwise challenge the decision of the authority.
8 9 Sec. 4. MARKETING OF THE NETWORK ASSETS. Using the
8 10 parameters included in the request for proposals, the selected
8 11 professional agent shall develop a process to market and sell
8 12 the assets designed to maximize the state's proceeds from the
8 13 sale. During the marketing period, using the predetermined
8 14 parameters, including meeting financial qualifications, the
8 15 professional agent shall identify a prospective purchaser and
8 16 submit the prospective purchaser to a qualification process
8 17 designed to verify the purchaser's ability to adequately
8 18 operate and maintain the backbone network. This verification
8 19 process shall include the following:
8 20 1. Verifying that the purchaser has proven experience
8 21 operating a telecommunications network.
8 22 2. Verifying that the purchaser has the ability to
8 23 purchase the network outright or has the collateral to secure
8 24 financing of a loan to purchase the network.
8 25 3. Other criteria as established by the general assembly
8 26 or the governor.
8 27 4. Verifying that the purchaser agrees to the requirement
8 28 that other telecommunications companies providing services
8 29 since January 2, 2004, be allowed to enter into a buyers
8 30 consortium and share in the purchased assets or facilities in
8 31 proportion to terms established in the consortium agreement
8 32 which shall guarantee or result in equal opportunity for
8 33 access by consortium members.
8 34 5. Verifying that the purchaser is an entity that agrees
8 35 to guarantee equal access to the purchased assets to any
9 1 telecommunications company that has been providing services to
9 2 Iowa customers since January 1, 2004. Such equal access means
9 3 that the purchaser shall not do any of the following regarding
9 4 a telecommunications company providing services to Iowa
9 5 customers since January 1, 2004:
9 6 a. Discriminate by refusing or delaying access to the
9 7 purchased assets.
9 8 b. Degrade the quality of access or service provided.
9 9 c. Fail to disclose in a timely manner, upon reasonable
9 10 request and pursuant to a protective agreement concerning
9 11 proprietary information, all information reasonably necessary
9 12 for the design of network interface equipment, network
9 13 interface services, or software that will meet the
9 14 specifications of the purchaser.
9 15 d. Unreasonably refuse or delay interconnections or
9 16 provide inferior interconnections.
9 17 e. Discriminate in favor of itself or an affiliate in the
9 18 provision and pricing of, or extension of credit for, any
9 19 service.
9 20 6. Any telecommunications company as described in
9 21 subsection 5 may file a written complaint at any time with the
9 22 utilities board established in chapter 476 requesting the
9 23 board to determine compliance by the purchaser with the
9 24 provisions of this section or any board rules implementing
9 25 this section. Upon the filing of such complaint, the board
9 26 may promptly initiate a formal complaint proceeding and give
9 27 notice of the proceeding and the opportunity for hearing. The
9 28 formal complaint proceeding may be initiated at any time by
9 29 the board on its own motion. The board shall render a
9 30 decision in the proceeding within ninety days after the date
9 31 the written complaint was filed.
9 32 Upon verification by the professional agent of the
9 33 purchaser's ability to adequately operate and maintain the
9 34 backbone network, the authority shall make a recommendation
9 35 regarding a purchaser and the terms of sale to the governor.
10 1 The governor shall have the right of final approval of the
10 2 purchaser and the terms of sale.
10 3 If the professional agent is unable to identify a
10 4 prospective purchaser able to adequately operate and maintain
10 5 the backbone network, the professional agent shall submit a
10 6 report to the authority explaining the reasons supporting this
10 7 conclusion.
10 8 Sec. 5. POSTSELECTION PROCEDURES.
10 9 1. Once the governor has approved a purchaser and the
10 10 terms of sale, the authority shall enter into a contract with
10 11 the purchaser for sale of the assets. The authority shall
10 12 enter into a memorandum of understanding regarding procedures
10 13 for operation of the network until the sale is finalized with
10 14 the proposed purchaser. The memorandum shall indicate that
10 15 the purchaser, in good faith, intends to finalize the purchase
10 16 and shall pay a termination penalty if the purchaser does not
10 17 finalize the purchase.
10 18 2. Any outstanding debt or liens upon the network assets,
10 19 including the certificates of participation, shall be
10 20 discharged out of the state's proceeds of closing, so that the
10 21 purchaser receives marketable title to the assets. Prepayment
10 22 of the certificates of participation shall be made prior to
10 23 closing the sale of assets or as part of closing the sale, and
10 24 shall be accomplished in a way that does not jeopardize the
10 25 tax=exempt status of the certificates of participation.
10 26 3. The state and the purchaser shall also negotiate their
10 27 relevant interest in right=of=way accommodation agreements and
10 28 leases and easements for uses of rights=of=way. The
10 29 negotiations may specify that the purchaser shall have the
10 30 option of paying the entire sale price in a single lump sum
10 31 payment at the time that the sale is finalized, or
10 32 alternatively may pay for the backbone assets at the time that
10 33 the sale is finalized and make an annual payment for use of
10 34 the rights=of=way.
10 35 4. The purchaser shall immediately establish points of
11 1 presence near the existing network switching centers and
11 2 establish fiber extensions and connectivity between them. The
11 3 purchaser shall physically locate in the vicinity of the joint
11 4 forces headquarters armory in Johnston, Iowa, and establish
11 5 fiber connectivity between the network hub and the vendor's
11 6 location. Duplicate racks of backbone core equipment shall be
11 7 provided by the purchaser and installed by the network to
11 8 carry traffic while the network backbone is transferred to the
11 9 purchaser. The purchaser shall purchase the equipment
11 10 required in this process for the network and pay any and all
11 11 related expenses associated with this conversion effort.
11 12 5. The authority shall enter into indefeasible right=of=
11 13 use agreements with the purchaser in which the purchaser shall
11 14 grant the state an indefeasible right of use with respect to
11 15 the backbone optical wavelengths and Part II facilities and
11 16 the dark fiber connecting various Part III aggregation points
11 17 to network backbone=switching points. The indefeasible right=
11 18 of=use agreements and any other agreements necessary to
11 19 complete the sale shall clearly provide that the network and
11 20 the state shall not be held liable in any manner in the event
11 21 the purchaser suffers a loss of revenue due to a failure of
11 22 any portion of the network being shared by the network.
11 23 6. The authority shall enter into any other agreements
11 24 necessary to complete the sale, including agreements
11 25 committing the commission to purchase field services,
11 26 including maintenance provisioning, and build out, from the
11 27 purchaser and committing the commission to pay a monthly fee
11 28 for fiber maintenance and field services for the assets that
11 29 are sold. The request for proposals shall be issued no later
11 30 than six months from the date of enactment of this Act.
11 31 Sec. 6. PROGRESS REPORTS. The authority, in consultation
11 32 with the governor, shall submit to the general assembly
11 33 periodic progress reports at three=month intervals from the
11 34 effective date of this Act. The reports shall indicate the
11 35 extent of progress, during the reporting period, in issuing
12 1 the request for proposals; retaining a professional agent;
12 2 marketing efforts by the professional agent; identification,
12 3 qualification, and selection of a purchaser; and the
12 4 postselection process of finalizing the sale, entering into
12 5 indefeasible right of use agreements, and maintaining the
12 6 network.
12 7 Sec. 7. Section 8D.2, Code Supplement 2003, is amended by
12 8 adding the following new subsection:
12 9 NEW SUBSECTION. 2A. "Indefeasible right of use" means an
12 10 indefeasible right to use fiber, including an entire cable or
12 11 a portion of the capacity of a cable, or channels of a given
12 12 bandwidth for a defined period of time.
12 13 Sec. 8. Section 8D.3, subsection 3, paragraph i, Code
12 14 Supplement 2003, is amended to read as follows:
12 15 i. Evaluate existing and projected rates for use of the
12 16 system and ensure that rates are sufficient to pay for the
12 17 operation and required equipment upgrade and replacement of
12 18 the system excluding the cost of construction and lease costs
12 19 for Parts I, II, and III. The commission shall establish all
12 20 hourly rates to be charged to all authorized users for the use
12 21 of the network. A fee established by the commission to be
12 22 charged to a hospital licensed pursuant to chapter 135B, a
12 23 physician clinic, or the federal government shall be at an
12 24 appropriate rate so that, at a minimum, there is no state
12 25 subsidy related to the costs of the connection or use of the
12 26 network related to such user.
12 27 Sec. 9. Section 8D.11, subsection 1, Code 2003, is amended
12 28 to read as follows:
12 29 1. The commission may purchase, lease, and improve
12 30 property, equipment, and services for telecommunications for
12 31 public and private agencies and may dispose of property and
12 32 equipment when not necessary for its purposes. However, the
12 33 commission shall not enter into a contract for the purchase,
12 34 lease, or improvement of property, equipment, or services for
12 35 telecommunications pursuant to this subsection in an amount
13 1 greater than one million dollars without prior authorization
13 2 by a constitutional majority of each house of the general
13 3 assembly, or approval by the legislative council if the
13 4 general assembly is not in session. The commission may use
13 5 indefeasible right=of=use agreements to acquire and dispose of
13 6 property, equipment, and services. The commission shall not
13 7 issue any bonding or other long=term financing arrangements as
13 8 defined in section 12.30, subsection 1, paragraph "b". Real
13 9 or personal property to be purchased by the commission through
13 10 the use of a financing agreement shall be done in accordance
13 11 with the provisions of section 12.28, provided, however, that
13 12 the commission shall not purchase property, equipment, or
13 13 services for telecommunications pursuant to this subsection in
13 14 an amount greater than one million dollars without prior
13 15 authorization by a constitutional majority of each house of
13 16 the general assembly, or approval by the legislative council
13 17 if the general assembly is not in session.
13 18 Sec. 10. Section 8D.13, subsection 2, Code Supplement
13 19 2003, is amended to read as follows:
13 20 2. For purposes of this section, unless the context
13 21 otherwise requires:
13 22 a. "Part I" means the communications connections between
13 23 to central switching and institutions under the control of the
13 24 board of regents, nonprofit institutions of higher education
13 25 eligible for tuition grants, and the regional switching
13 26 centers for the remainder of the network.
13 27 b. "Part II" means the communications connections between
13 28 to the regional switching centers and the secondary switching
13 29 centers.
13 30 c. "Part III" means the communications connection between
13 31 to the secondary switching centers and the agencies defined in
13 32 section 8D.2, subsections 4 and 5, excluding state agencies,
13 33 institutions under the control of the board of regents,
13 34 nonprofit institutions of higher education eligible for
13 35 tuition grants, and the judicial branch, judicial district
14 1 departments of correctional services, hospitals and physician
14 2 clinics, agencies of the federal government, and post offices.
14 3 Sec. 11. Section 8D.13, subsection 3, Code Supplement
14 4 2003, is amended to read as follows:
14 5 3. The financing for the procurement costs for the
14 6 entirety of Part I except for the communications connections
14 7 between to central switching and institutions under the
14 8 control of the board of regents, and nonprofit institutions of
14 9 higher education eligible for tuition grants, and for the
14 10 video, data, and voice capacity for state agencies and for
14 11 Part II and Part III, shall be provided by the state. The
14 12 financing for the procurement and maintenance costs for Part
14 13 III shall be provided by the state. A local school board,
14 14 governing authority of a nonpublic school, or an area
14 15 education agency board may elect to provide one hundred
14 16 percent of the financing for the procurement and maintenance
14 17 costs for Part III to become part of the network. The basis
14 18 for the amount of state financing is one hundred percent of a
14 19 single interactive audio and interactive video connection for
14 20 Part III, and such data and voice capacity as is necessary.
14 21 If a school board, governing authority of a nonpublic school,
14 22 or area education agency board elects to provide one hundred
14 23 percent of the financing for the leasing costs for Part III,
14 24 the school district or area education agency may become part
14 25 of the network as soon as the network can reasonably connect
14 26 the district or agency. A local school board, governing
14 27 authority of a nonpublic school, or an area education agency
14 28 board may also elect not to become part of the network.
14 29 Construction of Part III, related to a school board, governing
14 30 authority of a nonpublic school, or area education agency
14 31 board which provides one hundred percent of the financing for
14 32 the leasing costs for Part III, may proceed as determined by
14 33 the commission and consistent with the purpose of this
14 34 chapter.
14 35 Sec. 12. Section 8D.13, Code Supplement 2003, is amended
15 1 by adding the following new subsection:
15 2 NEW SUBSECTION. 3A. If the state sells assets of the
15 3 network pursuant to sections 1 through 5 of this Act, and
15 4 retains backbone capacity from another telecommunications
15 5 provider, publicly owned facilities that house primary and
15 6 secondary switching facilities shall provide access to that
15 7 provider in the geographical area to the primary and secondary
15 8 switching facilities housing the fiberoptics termination
15 9 equipment by means of established fiber entry ducts, and to
15 10 the building grounding system. The provider's access to the
15 11 primary and secondary switching facilities shall be
15 12 coordinated through the network's staff.
15 13 Sec. 13. Section 8D.13, subsection 4, Code Supplement
15 14 2003, is amended to read as follows:
15 15 4. The commission shall develop the requests for proposals
15 16 may enter into contracts and indefeasible right=of=use
15 17 agreements that are needed for the Iowa communications network
15 18 to function with sufficient capacity to serve the video, data,
15 19 and voice requirements of state agencies and for educational
15 20 telecommunications applications. The commission shall develop
15 21 a request for proposals for each of the systems that will make
15 22 up the network. The commission may develop a request for
15 23 proposals for each definitive component of the network or the
15 24 commission may provide in the request for proposals for each
15 25 such system that separate contracts may be entered into for
15 26 each definitive component covered by the request for
15 27 proposals. The requests for proposals contracts entered into
15 28 by the commission may be for the purchase, lease=purchase, or
15 29 lease of the component parts of the network consistent with
15 30 the provisions of this chapter, may require maintenance costs
15 31 to be identified, and the resulting contract may provide for
15 32 maintenance for parts of the network. The master contract may
15 33 provide for electronic classrooms, satellite equipment,
15 34 receiving equipment, studio and production equipment, and
15 35 other associated equipment as required. The indefeasible
16 1 right=of=use agreements entered into by the commission may be
16 2 long=term agreements and may retain the right to use portions
16 3 of capacity of any fiberoptic cable that the commission sells
16 4 to a third party. The indefeasible right=of=use agreements
16 5 may include provisions requiring the commission to contribute
16 6 to the cost of maintenance and upgrades of the network.
16 7 During the term of an indefeasible right=of=use agreement, the
16 8 state as a party to the indefeasible right=of=use agreement
16 9 shall have complete and total ownership of the fiber or
16 10 channels identified in the indefeasible right=of=use
16 11 agreement, may use the fiber or channels as if they were a
16 12 physically owned asset of the state, and the state's interest
16 13 in the fiber or channels cannot be annulled or made void by
16 14 the grantor of the indefeasible right of use or any other
16 15 party. At the end of the term of an indefeasible right=of=use
16 16 agreement and any renewal periods, title to the equipment and
16 17 fiber assets and optical wavelength capacities covered by the
16 18 agreement shall pass completely to the purchaser.
16 19 Sec. 14. Section 8D.13, subsection 5, unnumbered paragraph
16 20 1, Code Supplement 2003, is amended to read as follows:
16 21 The state shall lease all fiberoptic cable facilities or
16 22 facilities with DS=3 capacity for Part III connections for
16 23 which state funding is provided. The state shall lease all
16 24 fiberoptic cable facilities or facilities with DS=3 or DS=1
16 25 capacity for the judicial branch, judicial district department
16 26 of correctional services, and state agency connections for
16 27 which state funding is provided. Such facilities shall be
16 28 leased from qualified providers. The state shall not own such
16 29 facilities, except for those facilities owned by the state as
16 30 of January 1, 1994. Notwithstanding any other provision of
16 31 this section, the state may negotiate the acquisition of a
16 32 Part III connection following the termination of a lease with
16 33 a qualified provider if offered by the vendor for such a Part
16 34 III connection, if the commission determines it to be in the
16 35 best interest of the network.
17 1 Sec. 15. Section 8D.13, subsection 6, Code Supplement
17 2 2003, is amended by striking the subsection.
17 3 Sec. 16. Section 8D.13, subsection 11, Code Supplement
17 4 2003, is amended to read as follows:
17 5 11. The fees charged for use of the network and state
17 6 communications shall be based on the ongoing operational and
17 7 depreciation costs of the network and of providing state
17 8 communications only. For the services rendered to state
17 9 agencies by the commission, the commission shall prepare a
17 10 statement of services rendered and the agencies shall pay in a
17 11 manner consistent with procedures established by the
17 12 department of administrative services.
17 13 Sec. 17. Section 8D.13, subsection 12, Code Supplement
17 14 2003, is amended to read as follows:
17 15 12. The commission, on its own or as recommended by an
17 16 advisory committee of the commission and approved by the
17 17 commission, shall permit a fee to be charged by a receiving
17 18 site to the originator of the communication provided on the
17 19 network. The fee charged shall be for the purpose of
17 20 recovering the operating costs of a receiving site. The fee
17 21 charged shall be reduced by an amount received by the
17 22 receiving site pursuant to a state appropriation for such
17 23 costs, or federal assistance received for such costs. Fees
17 24 established under this subsection shall be paid by the
17 25 originator of the communication directly to the receiving
17 26 site. In the event that an entity requests a receiving site
17 27 location in a video classroom facility which is authorized by,
17 28 but not funded by, the originator of the communication, the
17 29 requesting entity shall be directly billed by the video
17 30 classroom facility for operating costs relating to the
17 31 communication. For purposes of this section, "operating
17 32 costs" include the costs associated with the management or
17 33 coordination, operations, utilities, classroom, equipment,
17 34 maintenance, and other costs directly related to providing the
17 35 receiving site.
18 1 Sec. 18. Section 8D.14, Code 2003, is amended to read as
18 2 follows:
18 3 8D.14 IOWA COMMUNICATIONS NETWORK FUND.
18 4 There An Iowa communications network fund is created in the
18 5 office of the treasurer of state a fund to be known as the
18 6 Iowa communications network fund under the control of the Iowa
18 7 telecommunications and technology commission. There shall be
18 8 deposited into the The fund shall be comprised of Iowa
18 9 communications network fund proceeds from bonds issued for
18 10 purposes of projects authorized pursuant to section 8D.13,
18 11 funds received from leases pursuant to section 8D.11, and
18 12 other moneys by law credited to or designated by a person for
18 13 deposit into the fund. Interest received by the state as a
18 14 result of investing the contents of the fund shall be credited
18 15 to the fund for use by the commission.
18 16 Sec. 19. NEW SECTION. 8D.15 IOWA COMMUNICATIONS NETWORK
18 17 EQUIPMENT UPGRADE AND REPLACEMENT TRUST FUND.
18 18 An Iowa communications network equipment upgrade and
18 19 replacement trust fund is established, separate and apart from
18 20 all other public moneys or funds of the state, under the
18 21 control of the treasurer of state and the department of
18 22 management. The fund shall be comprised of the proceeds from
18 23 the sale of Iowa communications network assets, including
18 24 certain state=owned fiberoptic cable and related equipment
18 25 located outside the Des Moines metropolitan area, and the
18 26 portion of the fees charged to authorized users for
18 27 depreciation. Contents of this fund shall only be used to
18 28 replace failed or obsolete network equipment owned by the
18 29 state and equipment included in indefeasible right=of=use
18 30 agreements in which the network obtains statewide transport
18 31 capacity, and shall not be used for any other purpose. The
18 32 treasurer of state and the department of management shall
18 33 jointly verify an annual estimate by the commission of the
18 34 amount needed for equipment replacement pursuant to this
18 35 section, and releases of moneys pursuant thereto shall require
19 1 an annual appropriation by the general assembly to the
19 2 commission. The commission may solicit or accept gifts,
19 3 including donations and bequests, to be deposited into the
19 4 fund for use in accordance with the purposes of the fund.
19 5 Interest received by the state as a result of investing the
19 6 contents of the fund shall be credited to the fund for use by
19 7 the commission.
19 8 Sec. 20. EFFECTIVE DATE. This Act, being deemed of
19 9 immediate importance, takes effect upon enactment.
19 10 EXPLANATION
19 11 This bill provides a mechanism for the sale of Iowa
19 12 communications network (ICN) assets with specified retained
19 13 rights by the state, and provides for related technical and
19 14 substantive changes to the provisions of Code chapter 8D.
19 15 FINDINGS AND PURPOSE. The bill contains a statement of
19 16 findings and purpose section relating to legislative intent
19 17 regarding the sale, noting that the ICN is a valuable state
19 18 telecommunications asset, that it provides equal access to
19 19 users of state=of=the=art voice, video, data, and internet
19 20 services at comparable prices statewide, and that it is
19 21 essential that the educational content it carries, and the
19 22 public defense functions it serves, be retained. The bill
19 23 provides that in order to ensure that ICN utilization is
19 24 maximized while minimizing further investment by the state to
19 25 maintain infrastructure, it is in the best interest of the
19 26 citizens of the state to offer some ICN assets for sale, while
19 27 retaining the capacity to provide services to users. The bill
19 28 provides that this would be accomplished through the sale of
19 29 most of the fiberoptic cable and optronics, or light=passing
19 30 equipment, while retaining capacity through long=term
19 31 indefeasible right=of=use agreements, thereby continuing to
19 32 provide telecommunications services and adequate capacity into
19 33 the future.
19 34 DEFINITIONS. The bill provides a definitions section.
19 35 Included among the defined terms are definitions of
20 1 "authority" as referring to an Iowa communications network
20 2 sales authority established to oversee the sale of the
20 3 backbone assets; "indefeasible right of use" (IRU) as an
20 4 indefeasible right to use fiber, including an entire cable or
20 5 a portion of the capacity of a cable, or channels of a given
20 6 bandwidth for a defined period of time; a "professional agent"
20 7 as a person having specialized expertise required in the
20 8 process of selling the Iowa communications network including
20 9 but not limited to expertise regarding brokerage, contracting,
20 10 asset valuation, sales, or negotiation services; a
20 11 "prospective purchaser" as the potential purchaser of the
20 12 network that the professional agent recommends to the
20 13 authority to purchase the network assets; and a "qualified
20 14 purchaser" as a prospective purchaser that has been approved
20 15 by the governor and qualified in accordance with provisions
20 16 specified in the bill.
20 17 AUTHORITY ESTABLISHED. The bill provides that the Iowa
20 18 communications network sales authority is the sole authority
20 19 to oversee the sales process regarding transfer of ownership
20 20 of the network's backbone assets to a qualified purchaser.
20 21 The bill provides that subject to final approval of the
20 22 selection of the qualified purchaser and the terms of sale by
20 23 the governor, the authority's operation shall not be subject
20 24 to the jurisdiction or control of any other state agency. The
20 25 bill provides, however, that the authority is subject to the
20 26 general operations practices applicable to other state
20 27 agencies during the period of its operation, and that this
20 28 period of operation shall be from the effective date of the
20 29 bill until a qualified purchaser has been approved by the
20 30 governor, and all sales agreements necessary to complete the
20 31 sale have been negotiated and entered into. The bill provides
20 32 that membership of the authority shall consist of the
20 33 treasurer of state, the auditor of state, two members of the
20 34 Iowa telecommunications and technology commission, and one
20 35 member of the Iowa utilities board.
21 1 PROFESSIONAL AGENT RETENTION. The bill provides that the
21 2 authority shall issue a request for proposals to retain a
21 3 professional agent with telecommunications asset sales
21 4 experience to market and coordinate the sales process of the
21 5 backbone assets. The bill provides that the governor, in
21 6 consultation with the treasurer of state and the department of
21 7 management, shall be authorized to negotiate fair and
21 8 equitable terms of compensation for the professional agent.
21 9 The bill provides that the backbone assets shall only be
21 10 available for a single private vendor, or a consortium acting
21 11 as a single private vendor, to purchase and that the state
21 12 shall retain an indefeasible right of use with respect to
21 13 certain amounts of backbone capacity in optical wavelengths
21 14 for a negotiated period of seven to 25 years, and two optional
21 15 renewal periods of 10 years each. The bill provides that as a
21 16 part of the sale, the purchaser shall enter into indefeasible
21 17 right=of=use agreements with the state in which the purchaser
21 18 shall grant the state an indefeasible right of use with
21 19 respect to backbone capacity and optical wavelengths and Part
21 20 II facilities and the dark fiber connecting various Part III
21 21 aggregation points to network backbone=switching points. The
21 22 bill provides that during the term of an indefeasible right=
21 23 of=use agreement, the state as the holder will have complete
21 24 and total ownership of the fiber or channels identified in the
21 25 indefeasible right=of=use agreement, may use the fiber or
21 26 channels as if they were a physically owned asset of the
21 27 state, and that the state's interest in the fiber or channels
21 28 cannot be annulled or made void by the grantor of the
21 29 indefeasible right of use or any other party. The bill
21 30 provides that at the end of the indefeasible right=of=use
21 31 agreement and any renewal periods, title to the equipment and
21 32 fiber assets and optical wavelength capacities covered by the
21 33 agreement shall pass completely to the purchaser. The bill
21 34 provides that the terms of sale shall include provisions
21 35 committing the commission to purchase field services,
22 1 including maintenance, provisioning, and build out, from the
22 2 purchaser and committing the commission to pay a monthly fee
22 3 for fiber maintenance and field services for the assets that
22 4 are sold. The bill provides that the request for proposals
22 5 shall be issued no later than six months from the bill's date
22 6 of enactment.
22 7 The bill provides a list of potential subject areas for
22 8 incorporation into the request for proposals, including, among
22 9 others, a procedure to determine the compensation for the
22 10 successful professional agent. The bill provides that the
22 11 parameters surrounding the sale, to be determined by the
22 12 governor, shall include, but not be limited to, the amount of
22 13 time the state would allow the professional agent to market
22 14 the assets, a provision that the governor or the governor's
22 15 designee shall have ultimate discretion to accept or reject an
22 16 offer, and a detailed framework for IRU agreements between the
22 17 state and a purchaser, including the provision that the state
22 18 shall be held harmless in the event the purchaser suffers a
22 19 loss of revenue due to a failure of any assets or any portion
22 20 of the network being shared by the network. The bill provides
22 21 that the framework shall also include a process and procedures
22 22 for routing capacity and sharing of power currents needed to
22 23 operate the purchaser's equipment and related expenses, a
22 24 framework for the standards required regarding network
22 25 maintenance, a requirement that the purchaser offer advanced
22 26 telecommunications services equitably across the state and
22 27 specifically serving areas whe0
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22 28 not yet available, a requirement that the purchaser grant the
22 29 network the right to participate in future upgrades, purchaser
22 30 selection criteria, an analysis of a prospective purchaser's
22 31 financial stability, and a requirement that during the
22 32 negotiations process, the prospective purchaser shall offer
22 33 the state specified reasonable surety of long=term economic
22 34 viability and shall guarantee that the state's IRUs shall be
22 35 protected in the case of the bankruptcy of the purchaser.
23 1 SELECTION PROCESS FOR QUALIFIED PURCHASER. The bill
23 2 provides that the authority shall select the professional
23 3 agent submitting the proposal that provides the best overall
23 4 value to the state, and that using the parameters included in
23 5 the request for proposals, the selected professional agent
23 6 shall develop a process to market and sell the assets designed
23 7 to maximize the state's proceeds from the sale. The bill
23 8 provides that during the marketing period, using the
23 9 predetermined parameters, the professional agent shall
23 10 identify a prospective purchaser and submit the prospective
23 11 purchaser to a qualification process designed to verify the
23 12 purchaser's ability to adequately operate and maintain the
23 13 backbone network. The bill provides that the verification
23 14 process shall include verifying that the purchaser has proven
23 15 experience operating a telecommunications network, has the
23 16 ability to purchase the network outright collateral to secure
23 17 financing, and additional criteria established by the general
23 18 assembly or the governor. The bill also provides that there
23 19 shall be verification that the purchaser agrees to the
23 20 requirement that other telecommunications companies providing
23 21 services since January 2, 2004, be allowed to enter into a
23 22 buyers consortium and share in the purchased assets or
23 23 facilities in proportion to terms established in the
23 24 consortium agreement which shall guarantee or result in equal
23 25 opportunity for access by a consortium member, and that the
23 26 purchaser is an entity that agrees to guarantee equal access
23 27 to the purchased assets to any telecommunications company that
23 28 has been providing services to Iowa customers since January 1,
23 29 2004. The bill provides that this equal access means that the
23 30 purchaser shall not, with regard to a telecommunications
23 31 company providing services to Iowa customers since January 1,
23 32 2004, discriminate by refusing or delaying access to the
23 33 purchased assets; degrade the quality of access or service
23 34 provided; fail to disclose all information reasonably
23 35 necessary for the design of network interface equipment,
24 1 network interface services, or software that will meet the
24 2 specifications of the purchaser; or unreasonably refuse or
24 3 delay interconnections or provide inferior interconnections,
24 4 discriminate in favor of itself or an affiliate in the
24 5 provision and pricing of, or extension of credit for, any
24 6 service. The bill provides that a telecommunications company
24 7 entering into a consortium may file a written complaint at any
24 8 time with the utilities board established in Code chapter 476
24 9 requesting the board to determine compliance by the purchaser
24 10 with these provisions.
24 11 The bill provides that after verification by the
24 12 professional agent of the purchaser's ability to adequately
24 13 operate and maintain the backbone network is given, the
24 14 authority shall make a recommendation regarding a purchaser
24 15 and the terms of sale to the governor, and that the governor
24 16 has the right of final approval of the purchaser and the terms
24 17 of sale. The bill provides that if the professional agent is
24 18 unable to identify a prospective purchaser able to adequately
24 19 operate and maintain the backbone network, the professional
24 20 agent shall submit a report to the authority explaining the
24 21 reasons supporting this conclusion.
24 22 NETWORK OPERATION PENDING SALE. The bill provides that the
24 23 authority shall enter into a memorandum of understanding
24 24 regarding procedures for operation of the network until the
24 25 sale is finalized with the prospective purchaser, which shall
24 26 include a provision that the purchaser in good faith intends
24 27 to finalize the purchase and shall pay a termination penalty
24 28 if the purchase is not finalized.
24 29 ADDITIONAL CONDITIONS OF SALE. The bill provides than any
24 30 outstanding debt or liens upon the network assets shall be
24 31 discharged out of the state's proceeds so that the purchaser
24 32 receives marketable title to the assets, and that prepayment
24 33 of certificates of participation, defined in the bill, shall
24 34 be made prior to closing the sale of assets or as part of
24 35 closing the sale, and accomplished in a manner not
25 1 jeopardizing the certificate's tax=exempt status. The bill
25 2 provides that the state and the purchaser shall negotiate
25 3 their relevant interest in rights=of=way and leases and
25 4 easements for uses of rights=of=way, that the purchaser shall
25 5 have the option of paying the entire sale price in a single
25 6 lump sum payment at the time that the sale if finalized or
25 7 alternatively may pay for the backbone assets at the time that
25 8 the sale is finalized and make an annual payment for use of
25 9 the rights=of=way, and that the purchaser shall immediately
25 10 establish points of presence near the existing network
25 11 switching centers and establish fiber extensions and
25 12 connectivity between them. The bill provides that the
25 13 purchaser shall physically locate in the vicinity of the joint
25 14 forces headquarters armory in Johnston, Iowa, and establish
25 15 fiber connectivity between the ICN hub and the vendor's
25 16 location, and that duplicate racks of backbone core equipment
25 17 shall be provided by the purchaser and installed by the
25 18 network to carry traffic while the network backbone is
25 19 transferred to the purchaser. The bill provides that the
25 20 purchaser shall purchase the equipment required in this
25 21 process for the network and pay any and all related expenses
25 22 associated with the conversion effort. The bill provides that
25 23 the authority, in consultation with the treasurer of state and
25 24 the governor, shall submit to the general assembly periodic
25 25 progress reports at three=month intervals from the effective
25 26 date of the bill indicating progress in issuing the request
25 27 for proposals; retaining a professional agent; marketing
25 28 efforts by the professional agent; identification,
25 29 qualification, and selection of a purchaser; and the
25 30 postselection process of finalizing the sale, entering into
25 31 indefeasible right=of=use agreements, and maintaining the
25 32 network.
25 33 CODE CHAPTER 8D AMENDMENTS. The bill provides for a
25 34 conforming definition and references to IRUs in Code chapter
25 35 8D and conforming terminology changes and provisions regarding
26 1 changes in ownership of the network.
26 2 LEGISLATIVE AUTHORIZATION ELIMINATED. The bill deletes a
26 3 provision that prohibited the commission from entering into a
26 4 contract for the purchase, lease, or improvement of property,
26 5 equipment, or services for telecommunications in an amount
26 6 greater than $1 million without prior authorization by a
26 7 constitutional majority of each house of the general assembly,
26 8 or approval by the legislative council if the general assembly
26 9 is not in session. The bill also deletes outdated language
26 10 regarding a local school board, governing authority of a
26 11 nonpublic school, or area education agency board elections to
26 12 provide financing costs for Part III of the network.
26 13 NETWORK ACQUISITIONS, DISPOSAL, AND ACCESS. The bill adds
26 14 a provision that the commission may use IRU agreements to
26 15 acquire and dispose of property, equipment, and services. The
26 16 bill provides that if the state sells assets of the network
26 17 pursuant to the procedure specified in the bill and retains
26 18 backbone capacity from another telecommunications provider,
26 19 publicly owned facilities that house primary and secondary
26 20 switching facilities shall provide access to that provider in
26 21 the geographic area to the primary and secondary switching
26 22 facilities housing the fiberoptics termination equipment in
26 23 established fiber entry ducts, and to the building grounding
26 24 system. The bill provides that the provider's access to the
26 25 primary and secondary switching facilities will be coordinated
26 26 through the network's staff. The bill provides that the state
26 27 may negotiate the acquisition of a Part III connection
26 28 following the termination of a lease with a qualified provider
26 29 if offered by the vendor for such a Part III connection if the
26 30 commission determines it to be in the best interest of the
26 31 network.
26 32 NETWORK COSTS AND BILLINGS. The bill provides that in
26 33 situations where an entity requests a receiving site location
26 34 in a video classroom facility which is authorized by, but not
26 35 funded by, the originator of the communication, the requesting
27 1 entity shall be directly billed by the video classroom
27 2 facility for operating costs relating to the communication.
27 3 The bill also provides for the inclusion of depreciation costs
27 4 in the determination of rates for use of the system. The bill
27 5 deletes outdated language which had required reports relating
27 6 to the impact of changing technology on potential costs and
27 7 capabilities of the system, and relating to a department of
27 8 education study of new techniques in distant teaching.
27 9 IOWA COMMUNICATIONS NETWORK FUND INTEREST AND UPGRADE AND
27 10 REPLACEMENT TRUST FUND. The bill further provides for the
27 11 retention of interest received by the state from the Iowa
27 12 communications network fund established in Code section 8D.14,
27 13 and for the establishment of an Iowa communications network
27 14 equipment upgrade and replacement trust fund. The bill
27 15 provides that the new trust fund shall be separate and apart
27 16 from all other public moneys or funds of the state, and shall
27 17 be under the control of the treasurer of state and the
27 18 department of management. The bill provides that the trust
27 19 fund will be comprised of the proceeds from the sale of ICN
27 20 assets, including certain state=owned fiberoptic cable and
27 21 related equipment located outside the Des Moines metropolitan
27 22 area, and the portion of the fees charged to authorized users
27 23 for depreciation. The bill provides that contents of the fund
27 24 shall only be used to replace failed or obsolete network
27 25 equipment owned by the state and equipment included in IRU
27 26 agreements in which the network obtains statewide transport
27 27 capacity. The bill provides that the treasurer of state and
27 28 the department of management shall jointly verify an annual
27 29 estimate by the commission of the amount needed for equipment
27 30 replacement pursuant to new Code section 8D.15, and that
27 31 releases of moneys pursuant to the estimate shall require an
27 32 annual appropriation by the general assembly to the
27 33 commission. The bill provides that the commission may solicit
27 34 or accept gifts, including donations and bequests, to be
27 35 deposited into the fund for use in accordance with the
28 1 purposes of the fund, and that interest received by the state
28 2 as a result of investing the contents of the fund shall be
28 3 credited to the fund for use by the commission.
28 4 The bill takes effect upon enactment.
28 5 LSB 5450HV 80
28 6 rn/pj/5