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, the
  1  7 The commission shall not may 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 than one two 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 commission shall not may
  1 23 purchase property, equipment, or services for
  1 24 telecommunications pursuant to this subsection a financing
  1 25 agreement in an amount not greater than one two 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