House Study Bill 222 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 expenditure approval requirements applicable 2 to the purchase of telecommunications equipment or services by 3 the Iowa communications network. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1274XD 82 6 rn/je/5 PAG LIN 1 1 Section 1. Section 8D.11, subsection 1, Code 2007, is 1 2 amended to read as follows: 1 3 1. The commission may purchase, lease, and improve 1 4 property, equipment, and services for telecommunications for 1 5 public and private agencies and may dispose of property and 1 6 equipment when not necessary for its purposes.However, the1 7 The commissionshall notmay enter into a contract for the 1 8 purchase, lease, or improvement of property, equipment, or 1 9 services for telecommunications pursuant to this subsection in 1 10 an amount not greater thanonetwo million dollars without 1 11 prior authorization by a constitutional majority of each house 1 12 of the general assembly, or approval by the legislative 1 13 council if the general assembly is not in session. A contract 1 14 in an amount exceeding two million dollars shall require prior 1 15 authorization or approval. This authorized contractual limit 1 16 shall be adjusted annually pursuant to subsection 1A. The 1 17 commission shall not issue any bonding or other long=term 1 18 financing arrangements as defined in section 12.30, subsection 1 19 1, paragraph "b". Real or personal property to be purchased 1 20 by the commission through the use of a financing agreement 1 21 shall be done in accordance with the provisions of section 1 22 12.28, provided, however, that the commissionshall notmay 1 23 purchase property, equipment, or services for 1 24 telecommunications pursuant tothis subsectiona financing 1 25 agreement in an amount not greater thanonetwo million 1 26 dollars without prior authorization by a constitutional 1 27 majority of each house of the general assembly, or approval by 1 28 the legislative council if the general assembly is not in 1 29 session. A contract in an amount exceeding two million 1 30 dollars shall require prior authorization or approval. This 1 31 authorized limit for purchases pursuant to a financing 1 32 arrangement shall be adjusted annually pursuant to subsection 1 33 1A. 1 34 Sec. 2. Section 8D.11, Code 2007, is amended by adding the 1 35 following new subsection: 2 1 NEW SUBSECTION. 1A. Beginning July 1, 2008, and each 2 2 succeeding July 1 thereafter, the director shall by rule 2 3 adjust the authorized contracted limitation set out in 2 4 subsection 1 to be applicable for the twelve=month period 2 5 commencing on September 1 of the year in which the adjustment 2 6 is made. The adjusted limitation shall be published annually 2 7 as a notice in the Iowa administrative bulletin prior to 2 8 September 1. The adjusted limitation shall be calculated by 2 9 applying the percentage change in the consumer price index for 2 10 all urban consumers for the most recent available twelve=month 2 11 period published in the federal register by the United States 2 12 department of labor, bureau of labor statistics, to the 2 13 existing limitation as an increase or decrease, rounded to the 2 14 nearest one=tenth of a cent. The calculation and publication 2 15 of the adjusted limitation by the director are exempt from the 2 16 provisions of chapter 17A. 2 17 EXPLANATION 2 18 This bill increases existing limitations on amounts which 2 19 may be expended by the Iowa communications network for 2 20 purchasing equipment or services for telecommunications 2 21 without prior authorization by the general assembly or 2 22 legislative council. The limitations are increased from $1 2 23 million to $2 million for amounts expended by the network 2 24 pursuant to a contract for the purchase, lease, or improvement 2 25 of property, equipment, or services for telecommunications, or 2 26 for the purchase of property, equipment, or services for 2 27 telecommunications pursuant to a financing agreement. The 2 28 bill provides that the increased authorized limitation shall 2 29 be adjusted annually to reflect increases in the consumer 2 30 price index for all urban consumers, as published in the 2 31 federal register by the United States department of labor, 2 32 bureau of labor statistics. 2 33 The bill specifies that the adjustment shall be made by the 2 34 executive director of the telecommunications and technology 2 35 commission beginning July 1, 2008, and each succeeding July 1 3 1 thereafter, prescribes a method of computation, states that 3 2 the adjustments shall be applicable for the 12=month period 3 3 commencing on September 1 of the year in which made, and 3 4 provides for publication as a notice in the Iowa 3 5 administrative bulletin prior to the September 1 date. 3 6 LSB 1274XD 82 3 7 rn:rj/je/5.1