House Study Bill 743
SENATE/HOUSE FILE
BY (PROPOSED IOWA TELECOMMUNICATIONS
AND TECHNOLOGY COMMISSION BILL)
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to long=distance and shared learning efficiencies
2 and operation, providing for technical and substantive changes
3 relating to the Iowa communications network, and providing for
4 supplementary weighting for shared classes taught via the
5 network.
6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN
1 1 Section 1. Section 8D.3, subsection 3, paragraph d, Code
1 2 Supplement 2005, is amended to read as follows:
1 3 d. Review and approve for adoption, rules as proposed and
1 4 submitted by an authorized user group necessary for the
1 5 authorized user group's user's access and use of the network.
1 6 The commission may refuse to approve and adopt a proposed
1 7 rule, and upon such refusal, shall return the proposed rule to
1 8 the respective authorized user group proposing the rule with a
1 9 statement indicating the commission's reason for refusing to
1 10 approve and adopt the rule.
1 11 Sec. 2. Section 8D.3, subsection 3, paragraph f, Code
1 12 Supplement 2005, is amended by striking the paragraph.
1 13 Sec. 3. Section 8D.6, subsection 1, Code 2005, is amended
1 14 by striking the subsection.
1 15 Sec. 4. Section 8D.6, subsection 2, Code 2005, is amended
1 16 to read as follows:
1 17 2. The commission may establish other and abolish advisory
1 18 committees as necessary representing authorized users of the
1 19 network and providing other expertise needed to assist the
1 20 commission in performing its duties.
1 21 Sec. 5. Section 8D.13, subsection 5, unnumbered paragraph
1 22 1, Code Supplement 2005, is amended to read as follows:
1 23 The state shall lease all fiberoptic cable facilities or
1 24 facilities with DS=3 capacity for Part III connections for
1 25 which state funding is provided. The state shall lease all
1 26 fiberoptic cable facilities or facilities with DS=3 or DS=1
1 27 capacity for the judicial branch, judicial district department
1 28 of correctional services, and state agency connections for
1 29 which state funding is provided. Such facilities shall be
1 30 leased from qualified providers. The state shall not own such
1 31 facilities, except for those facilities owned by the state as
1 32 of January 1, 1994. Notwithstanding any contrary provision of
1 33 this section, the state may acquire a Part III connection
1 34 following the termination of a lease with a qualified provider
1 35 if offered by the vendor for such a Part III connection, and
2 1 if the commission determines it to be in the best interest of
2 2 the network.
2 3 Sec. 6. Section 8D.14, Code 2005, is amended to read as
2 4 follows:
2 5 8D.14 IOWA COMMUNICATIONS NETWORK FUND.
2 6 There is created in the office of the treasurer of state a
2 7 fund to be known as the Iowa communications network fund under
2 8 the control of the Iowa telecommunications and technology
2 9 commission. There shall be deposited into the Iowa
2 10 communications network fund proceeds from bonds issued for
2 11 purposes of projects authorized pursuant to section 8D.13,
2 12 funds received from leases pursuant to section 8D.11, and
2 13 other moneys by law credited to or designated by a person for
2 14 deposit into the fund. Amounts deposited into the fund are
2 15 appropriated to and for the use of the commission.
2 16 Notwithstanding section 12C.7, interest earned on amounts
2 17 deposited in the fund shall be credited to the fund.
2 18 Notwithstanding section 8.33, moneys deposited into and
2 19 appropriated from the fund that remain unencumbered or
2 20 unobligated at the close of the fiscal year shall not revert
2 21 but shall remain available for expenditure for the purposes
2 22 designated until the close of the succeeding fiscal year.
2 23 Sec. 7. Section 257.11, subsection 6, Code Supplement
2 24 2005, is amended to read as follows:
2 25 6. SHARED CLASSES DELIVERED OVER THE IOWA COMMUNICATIONS
2 26 NETWORK. A pupil attending a class in which students from one
2 27 or more other school districts are enrolled and which is
2 28 taught via the Iowa communications network is not deemed to be
2 29 attending a class in another school district or in a community
2 30 college for the purposes of this section and the school
2 31 district is not eligible for supplementary weighting for that
2 32 class under this section.
2 33 Sec. 8. Section 8D.7, Code 2005, is repealed.
2 34 EXPLANATION
2 35 This bill makes several technical and substantive changes
3 1 regarding the operation of the Iowa communications network,
3 2 and also the extent to which supplementary weighting for
3 3 student enrollment is available for shared classes over the
3 4 network.
3 5 The bill makes a change in terminology relating to the
3 6 statutory duty of the Iowa telecommunications and technology
3 7 commission to review and approve rules submitted by authorized
3 8 user groups relating to their access to and use of the
3 9 network. The bill deletes the word "group", resulting in
3 10 references simply to "authorized user". The bill also deletes
3 11 the duty that the commission annually prepare a written five=
3 12 year financial plan for the network, to be provided to the
3 13 general assembly and the governor by January 15 annually.
3 14 The bill modifies provisions relating to the appointment of
3 15 advisory committees to assist the commission. The bill
3 16 deletes a provision establishing an advisory group to examine
3 17 the use of the network for telemedicine applications, and adds
3 18 commission authority to abolish, in addition to the existing
3 19 authority to establish, as necessary, other advisory
3 20 committees representing authorized users of the network. The
3 21 bill deletes a provision establishing a telecommunications
3 22 advisory committee, which consists of five members appointed
3 23 by the commission representing specific telecommunications
3 24 industries or persons with technical expertise related to the
3 25 network.
3 26 The bill authorizes the state to acquire a Part III network
3 27 connection following the termination of a lease with a
3 28 qualified provider if offered by a vendor, if the commission
3 29 determines it to be in the best interest of the network.
3 30 Currently, the state may lease, but is prohibited from
3 31 purchasing or owning, such connections.
3 32 The bill provides that interest earned on the existing Iowa
3 33 communications network fund be retained by the fund, rather
3 34 than going to the state general fund, and also provides that
3 35 amounts deposited into the fund are appropriated to and for
4 1 the use of the fund, and shall not revert at the close of the
4 2 fiscal year.
4 3 The bill provides that pupils attending classes taught via
4 4 the Iowa communications network qualify for supplementary
4 5 weighting pursuant to Code section 257.11. Currently, pupils
4 6 attending a class in which students from one or more other
4 7 school districts are enrolled which is taught via the Iowa
4 8 communications network are not regarded as attending a class
4 9 in another school district or in a community college for
4 10 supplementary weighting purposes. The bill provides that
4 11 pupils attending classes via the Iowa communications network
4 12 qualify for supplementary weighting to the same extent and on
4 13 the same basis as a pupil qualifying pursuant to Code section
4 14 257.11, subsection 2, regarding district=to=district sharing
4 15 programs, and Code section 257.11, subsection 3, regarding
4 16 district=to=community college sharing programs.
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