House File 796 - Introduced HOUSE FILE BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO HSB 13) Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to the provision of services over certain Iowa 2 communications network connection facilities under specified 3 circumstances. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1296HV 83 6 rn/nh/8 PAG LIN 1 1 Section 1. Section 8D.13, subsection 5, Code 2009, is 1 2 amended to read as follows: 1 3 5. a. The state shall lease all fiberoptic cable 1 4 facilities or facilities withDS=3sufficient capacity, as 1 5 determined by the commission, for Part III connections for 1 6 which state funding is provided. The state shall lease all 1 7 fiberoptic cable facilities or facilities withDS=3 or DS=11 8 sufficient capacity, as determined by the commission, for the 1 9 judicial branch, judicial district department of correctional 1 10 services, and state agency connections for which state funding 1 11 is provided. In determining the capacity to be provided, the 1 12 commission shall consult with the judicial branch, judicial 1 13 district department of correctional services, and state 1 14 agencies associated with connections for which state funding 1 15 is provided. Such facilities shall be leased from qualified 1 16 providers. The state shall not own such facilities, except 1 17 for those facilities owned by the state as of January 1, 1994. 1 18 b. The lease provisions of this subsection do not apply to 1 19 a school district which elects to provide one hundred percent 1 20 of the financing for the district's connection. 1 21 c. Notwithstanding any provision to the contrary, the 1 22 state shall not provide funding for capacity in excess of 1 23 forty=five mega bits per second with respect to those Part III 1 24 connections for which state funding is provided. This 1 25 subsection shall not preclude an authorized Part III user from 1 26 requesting additional capacity so long as the authorized Part 1 27 III user provides one hundred percent of the funding necessary 1 28 to provide the additional capacity. 1 29 EXPLANATION 1 30 This bill relates to the provision of services over leased 1 31 Iowa communications network connection facilities. Currently, 1 32 the state is required to lease all fiberoptic cable facilities 1 33 or facilities with DS=3 capacity for Part III connections for 1 34 which state funding is provided. The state is also required 1 35 to lease all fiberoptic cable facilities or facilities with 2 1 DS=3 or DS=1 capacity for the judicial branch, the judicial 2 2 district department of correctional services, and state agency 2 3 connections, for which state funding is provided. 2 4 The bill deletes references to DS=3 or DS=1 capacity, 2 5 providing instead that the state shall lease fiberoptic cable 2 6 facilities or facilities with "sufficient" capacity, as 2 7 determined by the Iowa telecommunications and technology 2 8 commission. In making this determination, the bill provides 2 9 that the commission shall consult with the judicial branch, 2 10 judicial district department of correctional services, and the 2 11 state agencies associated with the connections for which state 2 12 funding is provided. 2 13 The bill also provides that the state shall not provide 2 14 funding for capacity in excess of 45 mega bits per second for 2 15 Part III connections for which state funding is provided, but 2 16 that this does not preclude an authorized Part III user from 2 17 requesting additional capacity if the user provides 100 2 18 percent of the funding necessary to provide it. 2 19 LSB 1296HV 83 2 20 rn/nh/8