Senate Study Bill 3174 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON LOCAL GOVERNMENT BILL BY CHAIRPERSON QUIRMBACH) A BILL FOR An Act expanding Iowa communications network access to include 1 cities, counties, and city and county governmental units. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5829XC (4) 83 rn/nh

S.F. _____ Section 1. Section 8D.2, subsection 5, Code 2009, is amended 1 to read as follows: 2 5. a. “Public agency” means a state agency, an institution 3 under the control of the board of regents, the judicial 4 branch as provided in section 8D.13, subsection 17, a school 5 corporation, a city, a county, a city library, a library 6 service area as provided in chapter 256, a county library as 7 provided in chapter 336, or a judicial district department of 8 correctional services established in section 905.2, to the 9 extent provided in section 8D.13, subsection 15, an agency of 10 the federal government, or a United States post office which 11 receives a federal grant for pilot and demonstration projects. 12 b. For the purposes of this chapter, “public agency” 13 also includes any homeland security or defense facility or 14 disaster response agency established by the administrator of 15 the homeland security and emergency management division of the 16 department of public defense or the governor or any facility 17 connected with a security or defense system or disaster 18 response as required by the administrator of the homeland 19 security and emergency management division of the department of 20 public defense or the governor. 21 c. For the purposes of this chapter, a “city” or 22 “county” referred to in paragraph “a” includes departments, 23 boards, commissions, and other governmental units of the city 24 or county. 25 Sec. 2. Section 8D.3, subsection 3, paragraph i, Code 2009, 26 is amended to read as follows: 27 i. Evaluate existing and projected rates for use of the 28 system and ensure that rates are sufficient to pay for the 29 operation of the system excluding the cost of construction and 30 lease costs for Parts I, II, and III. The commission shall 31 establish all hourly rates to be charged to all authorized 32 users for the use of the network and shall consider all costs 33 of the network in establishing the rates. A fee established by 34 the commission to be charged to a hospital licensed pursuant 35 -1- LSB 5829XC (4) 83 rn/nh 1/ 3

S.F. _____ to chapter 135B, a physician clinic, a city, a county, or the 1 federal government shall be at an appropriate rate so that, at 2 a minimum, there is no state subsidy related to the costs of 3 the connection or use of the network related to such user. 4 Sec. 3. Section 8D.13, subsection 2, paragraph c, Code 2009, 5 is amended to read as follows: 6 c. “Part III” means the communications connection between 7 the secondary switching centers and the agencies defined in 8 section 8D.2, subsections 4 and 5, excluding state agencies, 9 institutions under the control of the board of regents, 10 nonprofit institutions of higher education eligible for tuition 11 grants, and the judicial branch, judicial district departments 12 of correctional services, hospitals and physician clinics, 13 cities, counties, agencies of the federal government, and post 14 offices. 15 Sec. 4. Section 8D.13, subsection 16, Code 2009, is amended 16 to read as follows: 17 16. a. Access shall be offered to hospitals licensed 18 pursuant to chapter 135B and physician clinics for diagnostic, 19 clinical, consultative, data, and educational services for the 20 purpose of developing a comprehensive, statewide telemedicine 21 network , ; to an agency of the federal government , ; to a city, a 22 county, and governmental units thereof as specified in section 23 8D.2, subsection 5, paragraph “c”; and to a post office defined 24 as a public agency pursuant to section 8D.2, subsection 5. 25 b. A hospital, physician clinic, an agency of the federal 26 government, a city, a county, or a post office defined as a 27 public agency pursuant to section 8D.2, subsection 5, shall be 28 responsible for all costs associated with becoming a part of 29 the network. 30 c. A city or a county accessing the network shall comply 31 with the provisions of section 8D.13, subsection 12, regarding 32 direct billing by the video classroom facility for operating 33 costs relating to the communication, and shall remit a fee 34 comparable to fees charged to other authorized users who are 35 -2- LSB 5829XC (4) 83 rn/nh 2/ 3

S.F. _____ similarly billed. 1 EXPLANATION 2 This bill expands the definition of a “public agency”, which 3 is authorized to access the Iowa communications network, to 4 include cities, counties, and their governmental units such 5 as commissions, departments, and boards. The bill provides 6 that cities and counties shall be responsible for all costs 7 associated with becoming a part of the network. The bill 8 additionally provides that a city or county shall comply with 9 provisions contained in Code section 8D.13, subsection 12, 10 regarding direct billing by a video classroom facility for 11 operating costs relating to a communication. 12 -3- LSB 5829XC (4) 83 rn/nh 3/ 3