Senate Study Bill 3163 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED IOWA TELECOMMUNICATIONS AND TECHNOLOGY COMMISSION BILL) A BILL FOR An Act relating to the administration and operation of the Iowa 1 communications network. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5317DP (3) 85 rn/nh

S.F. _____ H.F. _____ Section 1. Section 8D.4, Code 2014, is amended to read as 1 follows: 2 8D.4 Executive director appointed. 3 The commission, in consultation with the director of 4 the department of administrative services and the chief 5 information officer, shall appoint an executive director of 6 the commission, subject to confirmation by the senate. Such 7 individual shall not serve as a member of the commission. 8 The executive director shall serve at the pleasure of the 9 commission. The executive director shall be selected primarily 10 for administrative ability and knowledge in the field, without 11 regard to political affiliation. The governor shall establish 12 the salary of the executive director within range nine as 13 established by the general assembly. The salary and support of 14 the executive director shall be paid from funds deposited in 15 the Iowa communications network fund. 16 Sec. 2. Section 8D.13, subsection 5, paragraph a, Code 2014, 17 is amended to read as follows: 18 a. The Except as provided in subsection 5A, the state 19 shall lease all fiberoptic cable facilities or facilities 20 with sufficient capacity as determined by the commission 21 for Part III connections, for the judicial branch, judicial 22 district departments of correctional services, and state 23 agency connections for which state funding is provided. In 24 determining the capacity to be provided, the commission 25 shall consult with the authorized users associated with 26 the Part III connections, the judicial branch, the judicial 27 district departments of correctional services, and state 28 agencies associated with connections for which state funding 29 is provided. Such facilities shall be leased from qualified 30 providers. The state shall not own such facilities, except for 31 those facilities owned by the state as of January 1, 1994 , and 32 facilities acquired as provided in subsection 5A . 33 Sec. 3. Section 8D.13, Code 2014, is amended by adding the 34 following new subsection: 35 -1- LSB 5317DP (3) 85 rn/nh 1/ 2

S.F. _____ H.F. _____ NEW SUBSECTION . 5A. Notwithstanding any other provision 1 of this chapter to the contrary, the state may acquire and own 2 fiberoptic cable facilities or other facilities associated with 3 a Part III connection following the termination of a lease 4 with the owner of the facility if the owner offers to sell 5 or transfer ownership of the facility to the state and the 6 commission determines that state ownership of the facility is 7 in the best interests of any authorized users and the network. 8 EXPLANATION 9 The inclusion of this explanation does not constitute agreement with 10 the explanation’s substance by the members of the general assembly. 11 This bill modifies provisions relating to the administration 12 and operation of the Iowa communications network. 13 Currently, the executive director of the Iowa 14 telecommunications and technology commission, which supervises 15 and administers the network, is appointed by the commission, 16 in consultation with the director of the department of 17 administrative services and the chief information officer. 18 The bill deletes the requirement that the director of the 19 department of administrative services be consulted in 20 appointing the executive director of the commission. 21 Additionally, the bill modifies the current requirement 22 that the state lease, rather than own, fiberoptic cable 23 facilities or facilities with sufficient capacity for Part 24 III connections. The bill provides that notwithstanding this 25 provision or any other provision in Code chapter 8D, the state 26 may acquire and own fiberoptic cable facilities or other 27 facilities associated with a Part III connection following the 28 termination of a lease with the owner of the facility if the 29 owner offers to sell or transfer ownership of the facility to 30 the state and the commission determines that state ownership of 31 the facility is in the best interests of any authorized users 32 and the network. 33 -2- LSB 5317DP (3) 85 rn/nh 2/ 2