General Assembly: 75 (1994 Regular GA) - Chapter 1184 - Iowa communications network


Published: 1994-05-18

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597 LA WS OF THE SEVENTY -FIFTH G.A., 1994 SESSION

CHAPTER 1184 lOW A COMMUNICATIONS NETWORK

S.F.2089

CH. 1184

AN ACT relating to the Iowa communications network by establishing a board, an executive director of the board, and an educational telecommunications advisory council and provid- ing an effective date.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 2.32, Code 1993, is amended by adding the following new subsection: NEW SUBSECTION. 9. If an appointment subject to senate confirmation is required by

statute to be made by an appointing authority other than the governor, the duties assigned under this section to the governor shall be performed by the appointing authority.

Sec. 2. Section 18.3, subsection 5, Code 1993, is amended by striking the subsection.

Sec. 3. Section 18.133, subsections 1, 2, 3, and 4, Code Supplement 1993, are amended to read as follows:

1::. "Commission" means the Iowa telecommunications and technology commission established in section 18.133A.

1- 1A. "Director" means the executive director at the department sf general serviees & the direetor's designee appointed pursuant to section 18.133B.

2. "Private agency" means an accredited nonpublic sehools a-H-d school, ll: nonprofit ifts.titu- tiefts institution of higher education eligible for tuition grants! or ll: hospital licensed pursuant to chapter 135!l or ll: physician clinic to the extent provided in section 18.136, subsection 13B.

3. "Public agency" means a state agency, an institution under the control of the board of regents.! the judicial department as provided iI! ~ection .!8.136, subsection 13C, a school corpo- ration, a city library, a regional library as provided in chapter 256, a-H-d a county library as provided in chapter 336, or ll: judicial district department of correctional services established in section 905.2, to the extent provided iI! section !8.136, subsection 13A, an agency of the fed- eral government, or ll: United States ~.!: office which receives ll: federal grant for pilot and demonstration projects.

4. "State communications" refers to the transmission of voice, data, video, the written word or other visual signals by electronic means ro ser-v-e the nee6-s sf state ageneies but does not include eommHnieations aetivities sf the state beard sf regents, radio and television facilities and other educational telecommunications systems and services including narrow cast and broad- cast systems under the division sf public broadcasting division of the department ~ educa- tion, department of transportation distributed data processing and mobile radio network, or law enforcement communications systems.

Sec. 4. Section 18.133, Code Supplement 1993, is amended by adding the following new sub- section:

NEW SUBSECTION. 1B. "Network" means the Iowa or state communications network.

Sec. 5. NEW SECTION. 18.133A IOWA TELECOMMUNICATIONS AND TECHNOL- OGY COMMISSION - MEMBERS - DUTIES.

1. COMMISSION ESTABLISHED. A telecommunications and technology commission is established with the sole authority to supervise the management, development, and operation of the network and ensure that all components of the network are technically compatible. The commission shall ensure that the network operates in an efficient and responsible manner con- sistent with the provisions of this chapter for the purpose of providing the best economic ser- vice attainable to the network users consistent with the state's financial capacity. The com- mission shall ensure that educational users and the use, design, and implementation for educational applications be given the highest priority concerning use of the network. The com- mission shall provide for the centralized, coordinated use and control of the network.

CH. 1184 LA WS OF THE SEVENTY -FIFTH G.A., 1994 SESSION 598

2. MEMBERS. The commission is composed of three members appointed by the governor and subject to confirmation by the senate. Members of the commission shall not serve in any manner or be employed by an authorized user of the network or by an entity seeking to do or doing business with the network. The governor shall appoint a member as the chairperson of the commission from the three members appointed by the governor, subject to confirma- tion by the senate. Members of the commission shall serve six-year staggered terms as desig- nated by the governor and appointments to the commission are subject to the requirements of sections 69.16, 69.16A, and 69.19. Vacancies shall be filled by the governor for the duration of the unexpired term. The salary of the members of the commission shall be twenty thou- sand dollars per year, except that the salary of the chairperson shall be twenty-five thousand dollars per year. Members of the commission shall also be reimbursed for all actual and neces- sary expenses incurred in the performance of duties as members. Meetings of the commission shall be held at the call of the chairperson of the commission. In addition to the members appointed by the governor, the auditor of state or the auditor's designee shall serve as a non- voting, ex officio member of the commission.

The benefits and salary paid to the members of the commission shall be adjusted annually equal to the average of the annual pay adjustments, expense reimbursements, and related benefits provided under collective bargaining agreements negotiated pursuant to chapter 20.

3. DUTIES. The commission shall do all of the following: a. Enter into agreements pursuant to chapter 28E as necessary and appropriate for the pur-

poses of the commission. However, the commission shall not enter into an agreement with an unauthorized user or any other person pursuant to chapter 28E for the purpose of provid- ing such user or person access to the network.

b. Adopt rules pursuant to chapter 17 A as deemed appropriate and necessary, and directly related to the implementation and administration of the duties of the commission. The com- mission, in consultation with the department of general services, shall also adopt and provide for standard communications procedures and policies relating to the use of the network which recognize, at a minimum, the need for reliable communications services.

c. Establish an appeal process for review by the commission of a scheduling conflict deci- sion, including a scheduling conflict involving an educational user, or the establishment of a fee associated with the network upon the request of a person affected by such decision or fee. A determination made by the commission pursuant to this paragraph shall be final.

d. Review and approve for adoption, rules as proposed and submitted by an authorized user group necessary for the authorized user group's access and use of the network. The commis- sion may refuse to approve and adopt a proposed rule, and upon such refusal, shall return the proposed rule to the respective authorized user group proposing the rule with a statement indicating the commission's reason for refusing to approve and adopt the rule.

e. (1) Develop and issue for response all requests for proposals for any construction, instal- lation, repair, maintenance, or equipment and parts necessary for the network. In preparing the request for proposals, the commission shall do all of the following:

(a) Review existing requests for proposals related to the network. (b) Consider and evaluate all competing technologies which could be used in any construc-

tion, installation, repair, or maintenance project. (c) Allow flexibility for proposals to be submitted in response to a request for proposals issued

by the commission such that any qualified provider may submit a bid on a site-by-site basis, or on a merged area or defined geographic area basis, or both, and by permitting proposals to be submitted for use of competing or alternative technologies in each defined area.

(d) Ensure that rural communities have access to comparable services to the services provided in urban areas resulting from any plans to construct, install, repair, or maintain any part of the network.

(2) In determining which proposal to recommend to the general assembly to accept, con- sider what is in the long-term best interests of the citizens of the state and the network, and utilize, if possible, the provision of services with existing service providers consistent with those

599 LA WS OF THE SEVENTY -FIFTH G.A., 1994 SESSION CH. 1184

best interests. In determining what is in the long-term best interests of the citizens of the state and the network, the commission, at a minimum, shall consider the cost to taxpayers of the state.

(3) Deliver a written report and all proposals submitted in response to the request for proposals for Part III to the general assembly no later than January I, 1995. The commission shall not enter into any agreement related to such proposals without prior authorization by a constitutional majority of each house of the general assembly and approval by the governor.

f. Annually prepare a written five-year financial plan for the network which shall be provided to the general assembly and the governor no later than January 15 of each year. The plan shall include estimates for income and expenses for the network for the five-year period and the actual income and expenses for the preceding fiscal year. The plan shall include the amount of general fund appropriations to be requested for the payment of operating expenses and debt service. The plan shall also include any recommendations of the commission related to changes in the system and other items as deemed appropriate by the commission. The recommenda- tions of the commission contained in the plan shall include a detailed plan for the connection of all public schools to the network, including a discussion and evaluation of all potential financing options, an estimate of all costs incurred in providing such connections, and a schedule for com- pleting such connections, including the anticipated final completion date for such connections.

g. Review existing maintenance contracts and past contracts to determine vendor capabil- ity to perform the obligations under such contracts. The commission shall report to the general assembly prior to January 1 of each year as to the performance of all vendors under each con- tract and shall make recommendations concerning continued funding for the contracts.

h. Pursue available opportunities to cooperate and coordinate with the federal government for the use and potential expansion of the network and for the financing of any such expansion.

i. Evaluate existing and projected rates for use of the system and ensure that rates are sufficient to pay for the operation of the system except to the extent such use is subsidized by general fund appropriations as authorized by the general assembly. The commission shall establish all hourly rates to be charged to all authorized users for the use of the network. A fee established by the commission to be charged to a hospital licensed pursuant to chapter 135B, a physician clinic, or the federal government shall be at an appropriate rate so that, at a minimum, there is no state subsidy related to the costs of the connection or use of the net- work related to such user.

j. Make recommendations to the general assembly, as deemed appropriate by the commis- sion, concerning the operation of the network.

Sec. 6. NEW SECTION. 18.133B EXECUTIVE DIRECTOR APPOINTED. The commission shall appoint an executive director of the commission, subject to confirma-

tion by the senate. Such individual shall not serve as a member of the commission. The execu- tive director shall serve at the pleasure of the commission. The executive director shall be selected primarily for administrative ability and knowledge in the field, without regard to polit- ical affiliation. The governor shall establish the salary of the executive director within range nine as established by the general assembly. The salary and support of the executive director shall be paid from funds deposited in the Iowa communications network fund.

Sec. 7. NEW SECTION. 18.133C EDUCATION TELECOMMUNICATIONS COUNCIL ESTABLISHED - REGIONAL COUNCILS ESTABLISHED.

1. An education telecommunications council is established. The council consists of eight- een members and shall include the following: two persons appointed by the state board of regents; two persons appointed by the Iowa association of community college trustees; two persons appointed by the area education agency boards; two persons appointed by the Iowa association of school boards; two persons appointed by the school administrators of Iowa; two persons appointed by the Iowa association of independent colleges and universities; two per- sons appointed by the Iowa state education association; three persons appointed by the direc- tor of the department of education including one person representing libraries and one person

CH. 1184 LA WS OF THE SEVENTY -FIFTH G.A., 1994 SESSION 600

representing the Iowa association of non public school administrators; and one person appointed by the administrator of the public broadcasting division of the department of education. The council shall establish scheduling and site usage policies for educational users of the network, coordinate the activities of the regional telecommunications councils, and develop proposed rules and changes to rules for recommendation to the commission. The council shall also recom- mend long-range plans for enhancements needed for educational applications. Administrative support and staffing for the council shall be provided by the department of education.

2. A regional telecommunications council is established in each of the merged areas estab- lished pursuant to chapter 260C consisting of nine members, including one member each to be appointed by each of the appointing authorities under subsection 1. Additional ex officio, nonvoting members may also be appointed to the regional telecommunications councils. The regional telecommunications councils shall advise the education telecommunications council on the assessment of local educational needs, and the coordination of program activities including scheduling. The community college located in the merged area of a regional telecommunica- tions council shall staff and facilitate the activities of the council. The community college and the council may enter into a chapter 28E agreement for such arrangement.

3. The community college in each of the merged areas shall be responsible for switching of Parts II and III of the network and for facilitating the organization and meetings of the regional telecommunications council.

Sec. 8. NEW SECTION. 18.133D ADVISORY GROUPS ESTABLISHED. 1. The commission shall establish an advisory group to examine the use of the network for

telemedicine applications. The advisory group shall consist of representatives of hospitals and other health care facilities as determined by the commission.

2. The commission may establish other advisory committees as necessary representing autho- rized users of the network.

Sec. 9. NEW SECTION. 18.133E TELECOMMUNICATIONS ADVISORY COMMITTEE. A telecommunications advisory committee is established to advise the commission on telecom-

munications matters. The commission shall appoint five members to the advisory committee who shall represent specific telecommunications industries or persons with technical exper- tise related to the network.

Sec. 10. NEW SECTION. 18.133F SCHEDULING FOR AUTHORIZED USERS. Except as provided in section 18.133C, an authorized user is responsible for all scheduling

of the use of the authorized user's facility. A person who disputes a scheduling decision of such user may petition the commission for a review of such decision pursuant to section 18.133A, subsection 3, paragraph "c".

Sec.11. NEW SECTION. 18.133G CERTIFICATION OF USE - NETWORK USE BY CERTAIN AUTHORIZED USERS.

1. A private or public agency, other than a state agency, local school district or nonpublic school, city library, regional library, county library, judicial department, judicial district depart- ment of correctional services, agency of the federal government, a hospital or physician clinic, or a post office authorized to be offered access pursuant to this chapter as of the effective date of this Act, shall certify to the commission no later than July 1, 1994, that the agency is a part of or intends to become a part of the network. Upon receiving such certification from an agency not a part of the network on the effective date of this Act, the commission shall provide for the connection of such agency as soon as practical. An agency which does not cer- tify to the commission that the agency is a part of or intends to become a part of the network as required by this subsection shall be prohibited from using the network.

2. a. A private or public agency which certifies to the commission pursuant to subsection 1 that the agency is a part of or intends to become a part of the network shall use the network for all video, data, and voice requirements of the agency unless the private or public agency petitions the commission for a waiver and one of the following applies:

601 LA WS OF THE SEVENTY -FIFTH G.A., 1994 SESSION CH. 1184

(1) The cost to the authorized user for services provided on the network are not competi- tive with the same services provided by another provider.

(2) The authorized user is under contract with another provider for such services, provided the contract was entered into prior to April 1, 1994. The agency shall use the network for video, data, and voice requirements which are not provided pursuant to such contract.

(3) The authorized user has entered into an agreement with the commission to become part of the network prior to June 1, 1994, which does not provide for use of the network for all video, data, and voice requirements of the agency. The commission may enter into an agree- ment described in this subparagraph upon a determination that the use of the network for all video, data, and voice requirements of the agency would not be in the best interests of the agency.

b. A private or public agency shall petition the commission for a waiver of the requirement to use the network as provided in paragraph "a", if the agency determines that paragraph "a", subparagraph (1) or (2) applies. The commission shall establish by rule a review process for determining, upon application of an authorized user, whether paragraph "a", subparagraph (1) or (2), applies. An authorized user found by the commission to be under contract for such services as provided in paragraph "a", subparagraph (2), shall not enter into another contract upon the expiration of such contract, but shall utilize the network for such services as provided in this section unless paragraph "a", subparagraph (1), applies.

Sec. 12. NEW SECTION. 18.133H REPORT OF SAVINGS BY STATE AGENCIES. A state agency which is a part of the network shall annually provide a written report to

the general assembly certifying the identified savings associated with the state agency's use of the network. The report shall be delivered on or before January 15 for the previous fiscal year of the state agency.

Sec. 13. Section 18.134, subsection 1, Code Supplement 1993, is amended to read as follows: 1. The department sf generel serviees commission may purchase, lease-purchase, lease, and

improve property, equipment, and services for telecommunications for public and private agen- cies, ineluding the braadeast aHd narraweast systems, and may dispose of property and equip- ment when not necessary for its purposes. However, the department sf general ser'/iees com- mission shall not enter into !! contract for the purchase, lease-purchase, lease, or improvement of property, equipment, or services for telecommunications pursuant to this subsection in an amount greater than five hundred thousand dollars without prior authorization by !! constitu- tional majority of each house of the general assembly, or approval by the legislative council !.f the general assembly ~ not i!! session. The commission shall not issue any bonding or other long-term financing arrangements as defined i!! section 12.30, subsection 1 paragraph "b". The commission also shall not provide or resell communications services to entities other than public and private agencies. The public or private agency shall not provide communication services of the network to another entity at a e6st- greater tftaft that eharged ta the ageney- pursuant ta seetieB ~ subseetians H aHd 1-2 unless otherwise authorized pursuant to this chap- ter. The department commission may arrange for joint use of available services and facilities, and may enter into leases and agreements with private and public agencies with respect to Ii state the Iowa communications system network, and public agencies are authorized to enter into leases and agreements with respect to the system network for their use and opera- tion. Rentals and other amounts due under the agreements or leases entered into pursuant to this section by a state agency are payable from funds annually appropriated by the general assembly or from other funds legally available. Other public agencies may pay the rental costs and other amounts due under an agreement or lease from their annual budgeted funds or other funds legally available or to become available. This section comprises a complete and indepen- dent authorization and procedure for a public agency, with the approval of the department commission, to enter into a lease or agreement and related security enhancement arrange- ments and this section is not a qualification of any other powers which a public agency may possess and the authorizations and powers granted under this section are not subject to the

CH. 1184 LA WS OF THE SEVENTY -FIFTH G.A., 1994 SESSION 602

terms, requirements, or limitations of any other provisions of law. All moneys received by the department commission from agreements and leases entered into pursuant to this section with private and public agencies shall be deposited in the state Iowa communications network fund.

It ffi. the ifl.tem of the general assembly tfta.t rea-tal and et.ft& eests dtte -lI-fHlff agreements and leases entered iRte IH-lrsHant te this seeWm by state ageneies he replaeed by sHpplemen tal apprspriatisns te the state ageneies.

Sec. 14. NEW SECTION. 18.134A DISPOSITION OF NETWORK - APPROVAL OF GENERAL ASSEMBLY AND GOVERNOR.

Notwithstanding any provision to the contrary, the commission or the department of general services shall not sell, lease, or otherwise dispose of the network without prior authorization by a constitutional majority of each house of the general assembly and approval by the governor.

Sec. 15. Section 18.136, subsections 1, 2, 3, 4, 6, 7, 8, 9, 10, 12, and 14, Code Supplement 1993, are amended to read as follows:

1. Moneys in the state Iowa communications network fund are appropriated to the Iewa- ptthlie brsadeasting beard Iowa telecommunications and technology commission for purposes of providing financing for the procurement, operation, and maintenance of a state !~ Iowa communications network with sufficient capacity to serve the video, data, and voice require- ments of state ageneies and the educational telecommunications system consisting Q! Part 1 Parl II, and Part III, and other public and private agencies. '!'-be state esmmHnieatisns ne-t-- weffi esnsists sf Pal't- I-, Pal't- II-, and Pal't- III sf the system.

2. For purposes of this section, unless the context otherwise requires: a. "Part I sf the system" means the communications connections between central switching

and institutions under the control of the board Q! regents, nonprofit institutions of higher edu- cation eligible for tuition grants, and the regional switching centers for the remainder of the network.

b. "Part II sf the system" means the communications connections between the regional switching centers and the secondary switching centers.

c. "Part III sf the system" means the communications connection between the secondary switching centers and the agencies defined in section 18.133, subsections 3 ~ and 4 ~ excluding state agencies, institutions under the control Q! the board Q! regents, nonprofit institutions of higher education eligible for tuition grants, and the judicial department, judicial district departments of correctional services, hospitals and physician clinics, agencies Q! the federal government, and post offices.

3. The financing for the procurement costs for the entirety of Part I of the system except for the communications connections between central switching and institutions under the con- trol of the board of regents, and nonprofit institutions of higher education eligible for tuition grants, and for the video, data, and voice capacity for state agencies and for Part II and Part III sf the system, shall be provided by the state. '!'-be finaneing fer- the prseHrement eests fer- Pal't- If sf the system sfla.ll he prsvided fFem the state. The financing for the procurement and maintenance costs for Part III af the system shall be provided eighty pereent fFem by the state and tweBty pereent fFem the leeal sclwel b6affis. af the areas whleh reeei¥e transmissisns fFem the system. A local school board! governing authority of !! non public school, or an area educa- tion agency board may elect to provide one hundred percent of the financing for the procure- ment and maintenance costs for Part III to become part of the system network. '!'-be leeal sclwel b6affis. may meet alleF- part af the mateh re!}Hirements of Pal't- III sf the system tarsHga a essperative arrangement with esmmHnity eslleges. The basis for the amount of state mateh financing is eighty- one hundred percent of a single interactive audio and sne 'Nay interactive video connection for Part III af the system, and such data and voice capacity as is necessary. '!'-be leeal seheel b6affis. and esmmHnity eslleges may meet the mateh re!}Hirements fer- Pal't- III sf the system fFem fuOOs. they- have already speBt fer- their- systems, fFem fuOOs. available ffi the seheel bHdget, eF- fFem fI:mds reeeived fFem et.ft& nsnstate SSHrees. lH- the ease sf existing

603 LA WS OF THE SEVENTY -FIFTH G.A., 1994 SESSION CH. 1184

systcms, ffi &6eI'- te upgradc faeilitics te the spceifieatians ef the state eammunieatians net- W&Fk-, the l6ea-l seOOel booffls arul eammunity eallcgcs, ffi liett ef a eas-ft ma-telr, may mecl the mateh rcquircmcnts frem fuR.d.s they fl.a.ve alrcady spent f& tfleW systcms pra'lidcd t-ftat- the state mateh 00es oot-~ the lessef. ef eighty pcrecnt ef the tetal eest- ef the upgraded sys- tem 6I' eighty pcrecnt ef the replaeemcnt eest- ef the systcm. 'I'fle eammunieatians equipmcnt fuR.d.s -used as a mateh by a eammunity eellege sfta.ll be ealeulated based en verificd cxpcndi tu-res f& eapital-, cquipmcnt, hardwarc, arul saftwarc f& lang distanec lcarning tcehnalogics, ineluding both audio arul ¥is-ual transmissian. 'I'fle eommunieations cquipment -used as a mateh sfta.ll oot- subscqucntly be -used as a mateh by anathcr cdueational Cftttty- 6I' f& anather paI't ef the systcm. A loeal seOOel board may rcqucst the seOOel hti-dget review eommittcc te adfust the allO'llable growth f& the seOOel distfle.t 56 that the rcsulting inercase ffi hti-dget eellid be -used f& the ~ !i (I. school board, govcrning authority 2! (I. nonpublic school, or arca cdu: cation agency board elccts 1() providc onc hundrcd percent of the financing for thc.lcasing cos~ for Part III, thc school district or area cducation agency may bccomc part 2! the network as soon as thc nctwork can reasonably connect the district or agcncy. A local school board, govcrn- iI1K authority 2! (I. non public school, or an arca cducation agency board may also clcct not to becomc part of thc system nctwork. Sueft clcetion sfta.ll be m-a6e en an a-n-nu-al- basis. State matehing fuR.d.s sfta.ll oot- be providcd f& Part III ef the system Ufl-ttl Part I arul Part- II ef the system fl.a.ve been eomplcted. Construction of Part III ef the system! related to (I. school board, govcrning authority of (I. non public school, or area cducation agency board which providcs onc hundrcd percent of the financing for thc lcasing costs for Part III, may procccd bef&e Part- I arul Part-II ef the system fl.a.ve been eomplctcd as determincd by the commission and consis- tent with thc purpose 2! this chapter.

4. Thc dcpartmcnt ef gcncral scrviecs commission shall develop thc rcqucsts for proposals that are ncedcd for a st-a-te thc Iowa communications network with sufficient capacity to servc thc video, data, and voice requiremcnts of statc agcncics and the for educational telccommuni- cations applications rcquired by the Iowa- puhlie broadeasting board. Thc dcpartmcnt com- mission shall dcvclop a rcquest for proposals for each of thc systems that will make up thc network. Thc dcpartmcnt commission may dcvelop a requcst for proposals for each dcfinitivc component of Part l-;- Part-ll-;- arul Part- III ef the system thc network or thc dcpartmcnt com- mission may provide in thc rcqucst for proposals for cach such systcm that scparatc contracts may bc entercd into for cach dcfinitive component covcred by thc rcqucst for proposals. Thc rcqucsts for proposals may be for thc purchasc, lease-purchasc, or lease of the componcnt parts of the system network consistent with thc provisions 2! this chaptcr, may rcquirc maintcnance costs to be idcntified, and thc rcsulting contract may providc for maintcnance for parts of thc system nctwork. Thc master contract may providc for clcctronic classrooms, satellite equip- mcnt, receiving equipment, studio and production equipmcnt, and other associated cquipmcnt as required.

&. Pfl& te the awarding ef a eontraet u-ruieF- thls scetion, the dcpartment sfta.ll neti-fy- the legislativc eeu-ncil arul the departmcnt ef managcmcnt ef the dcpartmcnt's in-t-en-t- te aware a eontraet arul ef the eest- te the state-. 'I'fle departmcnt ef managcmcnt arul the lcgislativc eeu-ncil sfta.ll dctcrminc it the antieipatcd finaneial rcsourecs ef the state are adcquatc te fund the cxpcnditurc d-uflng- the fiseal ye-aI'S eovcrcd by the eontraet, arul it S&;- the departmcnt ef managcmcnt sfta.ll eertify- the detcrminatian te the dcpartment. -Ypen ecrtifieation, the depaP-t-- meB-t may enter- ffite the eontraet.

7. Thc dcpartmcnt ef gcncral scrviees commission shall be rcsponsible for thc network sys- tem design and shall bc rcsponsible for thc implementation of cach componcnt of the network as it is incorporated into the network sy-siem. The final design selected shall optimize the routing for all users in order to assure maximum utilization by all agencies of the state. Efficiencies achieved in the implementation of the network shall be used to fund further implementation and enhancement of the network, and shall be considered part of the operational cost of the network. The department commission shall be responsible for all management, operations, control switching, diagnostics, and maintenance functions of Part I arul Part II ef the system

CH. 1184 LA WS OF THE SEVENTY -FIFTH G.A., 1994 SESSION 604

network operations, ~ as desigflated ifI subseetiofl g as provided ir! this chapter. The per- formance of these duties is intended to provide optimal utilization of the facilities, and the assurance that future growth requirements will be provided for, and that sufficient network capacity will be available to meet the needs of all users. '!'he teleeommuflieatiofls iflformatiofl maflagemeflt eoufleil, ereated by- elteeutive &dff ef the goverflor, sfiall provide gefleral 6VeI'-- sight ffip these fUfletiofis.

8. '!'he Iewa- p-u-blie broadeastiflg boaffi retaifIs. sele authority 6¥eF- the edueatioflal teleeom mUflieatiofis applieatiofls ef Pal't I ef the system, arui its authority sfiall ifIelu6e maflagemeflt aad operatioflal eOfltrol, programmiflg, budget, persoflflel, seheduliflg, aad program switehiflg ef edueatioflal material eaFf'iOO by- Pal't I ef the system. '!'he Iewa- p-u-blie broadeastiflg boaffi, through its flarroweast system advisory eommittee, retaifIs. eoordiflatiofl authority 6¥eF- the edueatioflal teleeommuflieatiofls applieatiofls ef Pal't II aad Pal't III ef the system. Commuflity eolleges are respoflsible ffip seheduliflg aad switehiflg ef edueatioaal materials eaFf'iOO by- Pal't II aad Pal't III ef the system witflifI their respeetive areas. Sueh respoflsibility may be aeeem- plished by- a ehapter 28E agreemeflt wit£- the departmeflt ef gefleral serviees.

The flarroweast system advisory eommittee education telecommunications council shall review all requests for grants for educational telecommunications applications, if they are a part of the state Iowa communications network, to ensure that the educational telecommuni- cations application is consistent with the telecommunications plan. If the flaFFoweast system advisory eommittee fifI4s that a gFaftt ~ is ifleoflsisteflt wit£- the teleeommuflieatiofls pla&,- the gpaftt- reE\uest sfiall Bet be allowed. All other grant requests shall be reviewed as deter- mined by the commission. !! the education telecommunications council finds that ~ grant request ~ inconsistent with the telecommunications plan, the grant request shall not be allowed.

9. The procurement and maintenance of electronic equipment including, but not limited to, master receiver antenna systems, studio and production equipment, and broadcast system com- ponents shall be provided for under departmeflt ef gefleral serviees' the commission's con- tracts. The Iowa public broadcasting board and other educational entities within the state have the option to use their existing or replacement resources and agreements in the operation and maintenance of these systems.

10. In addition to the other evaluation criteria specified in the request for proposals issued pursuant to this section, the departmeflt ef genel'ai sePliees commission, in evaluating proposals, shall base up to two percent of the total possible points on the public benefit that can be der- ived from a given proposal due to the increased private telecommunications capacity available to Iowa citizens located in rural Iowa. For purposes of this subsection, an area of the state is considered rural if it is not part of a federally designated standard metropolitan statistical area.

12. '!'he Iewa- p-u-blie broadeastiflg boaffi, ifI eOflsultatiofl wit£- its flaFFO'lleast system advi- sery eommittee, sfiall determifle the fee to be eharged peI' e6Uf'Se 6F- ereffit lwuI'- by- the origiflat ifIg ifiStitutiofl, aad the fees sfiall be substafltially the same ffip eomparable eourses. The com- mission, on its own or as recommended by an advisory committee of the commission and approved by the commission, shall permit ~ fee to be charged by ~ receiving site to the originat- ir!g site. The fee charged shall be for the purpose of recovering the operating costs of ~ receiv- ir!g site. The fee charged shall be reduced by an amount received by the receiving site pur- suant to ~ state appropriation for such costs, or federal assistance received for such costs. Fees established under this subsection shall be paid by the originating site directly to the receiving site. For purposes of this section, "operating costs" include the costs associated with the management or coordination, operations, utilities, classroom, equipment, maintenance, and other costs directly related to providing the receiving site.

14. Notwithstanding chapter 476, the provisions of chapter 476 shall not apply to a public utility in furnishing a telecommunications service or facility to the departmeflt ef gefleral Sff- viees commission for the state Iowa communications network or to any authorized user Q! the Iowa communications network for such authorized user's connection to the network.

605 LA WS OF THE SEVENTY -FIFTH G.A., 1994 SESSION CH. 1184

Sec. 16. Section 18.136, Code Supplement 1993, is amended by adding the following new subsection:

NEW SUBSECTION. 4A. The state shall lease all fiber optic cable facilities or facilities with DS-3 capacity for Part III connections for which state funding is provided. The state shall lease all fiber optic cable facilities or facilities with DS-3 or DS-1 capacity for the judicial depart- ment, judicial district department of correctional services, and state agency connections for which state funding is provided. Such facilities shall be leased from qualified providers. The state shall not own such facilities, except for those facilities owned by the state as of January 1, 1994.

The lease provisions of this subsection do not apply to a school district which elects to pro- vide one hundred percent of the financing for the district's connection.

Sec. 17. Section 18.136, Code Supplement 1993, is amended by adding the following new subsection:

NEW SUBSECTION. 12A. The auditor of state shall, no less than annually, examine the financial condition and transactions of the commission as provided in chapter 11. A copy of the auditor's report concerning such examination shall be provided to the general assembly.

Sec. 18. Section 18.136, Code Supplement 1993, is amended by adding the following new subsection:

NEW SUBSECTION. 13A. Access to the network shall be offered to the judicial district departments of correctional services established in section 905.2, provided that such depart- ments contribute an amount consistent with their share of use for the part of the system in which the departments participate, as determined by the commission.

Sec. 19. Section 18.136, Code Supplement 1993, is amended by adding the following new subsection:

NEW SUBSECTION. 13B. Access shall be offered to hospitals licensed pursuant to chap- ter 135B and physician clinics for diagnostic, clinical, consultative, data, and educational ser- vices for the purpose of developing a comprehensive, statewide telemedicine network, to an agency of the federal government, and to a post office defined as a public agency pursuant to section 18.133, subsection 3. A hospital, physician clinic, an agency of the federal govern- ment, or a post office defined as a public agency pursuant to section 18.133, subsection 3, shall be responsible for all costs associated with becoming a part of the network.

Sec. 20. Section 18.136, Code Supplement 1993, is amended by adding the following new subsection:

NEW SUBSECTION. 13C. Access shall be offered to the judicial department provided that the department contributes an amount consistent with the department's share of use for the part of the network in which the department participates, as determined by the commission.

Sec. 21. Section 18.137, Code 1993, is amended to read as follows: 18.137 STATE IOWA COMMUNICATIONS NETWORK FUND. There is created in the office of the treasurer of state a temporary fund to be known as

the state Iowa communications network fund under the control of the Iowa telecommunica- tions and technology commission. 'f.here is appropriated to the state eommunieations networl, fu.OO ffif' the fiseal yefH'- beginning Jttly-l-;-l989;- and eOOffig Jtme W, l-9OO;- the s-um- sf twe mil- lieft 6He hundred forty two thousand sEt hundred twenty one delliH'S !rem the general fu.OO sf the s-tate.- There is appropriated from the general fund of the state to the state Iowa com- munications network fund for each fiscal year of the fiscal period beginning July 1, 1991, and ending June 30, 1996, the sum of five million dollars. Notwithstanding seetieft &33, unobligated and uneneumbered moneys !rem the appropriation ffif' a fiseal yefH'- remaining 6ft Jtme W sf t-ftat fiseal yefH'- shall Bet f'e-'fflI'-t to the general fu.OO sf the state 00t shall remain available ffif' expenditure ffilFffig the Be*t- following fiseal ~ There shall also be deposited into the state Iowa communications network fund proceeds from bonds issued for purposes of projects autho- rized pursuant to section 18.136, matehing ttmds reeei'/ed !rem the eommunity eolleges and

CH. 1184 LA WS OF THE SEVENTY -FIFTH G.A., 1994 SESSION 606

the leeal seheel 00ar6s, funds received from leases pursuant to section 18.134, and other moneys by law credited to or designated by a person for deposit into the fund. Netwithstanaing the FequiFements ffi seeti&B l&lW, subseetien 1, ffip the fiseal yeaF- beginning July 1, 19OO;- and eOOffig J-uBe :w, 1991, thiFty ene theusana dellaFs ffi meneys ffi the state eemmunieatiens Bet- wePk fuOO may- be eXflenaea ffip the ~ share ffi the east ffip the 00sigft ffi a aisasteF Fee6¥- eFY faeHity- t& be built ffi eenjunetien with the Iewa- eemmunieatiens net·.veFl( f.aeility and emeF- geBey efleFatien eeflteit,. 'file aeflaFtment ffi geneFal sen'iees may ineFease its fees ffip Elata flFeeessing ffi eFdeF- t& ee11ecl an aaaitienal ameunt Bet- exeeeaing iw6 hunaFea theusana del- laPS duFifl.g the fiseal yeaF- beginning July 1, 1991, t& pay- ffip the ~ share ffi the east ef eenstFuetien ffi the aisasteF Feee'leFY faeility.

'file Iewa- JHiblie bFeaaeasting beard shall use the Bet- ineFease ffi the fe6eFal mateh awaFaea t& the Iewa- JHiblie bFeaaeasting beard as a FeS-Ult ffi this aflflFeflFiatien ffi eFdeF- t& meet- the Beetls ffi the eaueatieaal teleeemmunieatiens system. ~ fuOOs shall be aeflesitea ffi a seflaFate aeeeunt witftffi the state eemmunieatiens netvleFk fund-, and shall be aamiaisteFea by the Iewa- JHiblie bFeaaeasting beard ffip flUFfleses ffi the fufHh

Sec. 22. Section 256.82, subsection 3, Code Supplement 1993, is amended by striking the subsection and inserting in lieu thereof the following:

3. The board shall appoint an advisory committee on journalistic and editorial integrity which has no more than a simple majority of members of the same gender. The division shall be govern~d by the national principles of editorial integrity developed by the editorial integrity project.

Duties of the advisory committee, and of additional advisory committees the board may from time to time appoint, shall be specified in rules of internal management adopted by the board.

Members of advisory committees shall receive actual expenses incurred in performing their official duties.

Sec. 23. ORGANIZATION OF COMMISSION. Notwithstanding any other provision to the contrary, the Iowa telecommunications and technology commission shall develop a written proposal to be submitted to the governor for the governor's approval relating to the structure and organization of the commission. The commission shall identify existing positions which exist in state departments or agencies directly related to the duties and mission of the com- mission and shall request in the proposal that those positions be transferred to, and be under the control of, the commission. The request shall be submitted to the governor no later than January 1, 1995, with a copy to be submitted to the house of representatives and the senate at the same time.

Upon approval by the governor, the department of management shall provide for the trans- fer of funds appropriated for those positions to the commission from the department or agency in which the position was located prior to the transfer. If persons are transferred from employ- ment with a department or agency to employment with the commission, the persons shall not be required to forfeit any accrued seniority or other benefits.

Sec. 24. COMPATIBLE SCHOOL DISTRICT SYSTEMS. Notwithstanding any contrary provisions of this Act, a K-12 school district, on or before July 1, 1994, may certify to the com- mission in writing that the K-12 school district has a full motion interactive video system which is fully compatible with the network. Upon receipt of such certification and a determination by the commission that the district's system is fully compatible with the network, access to the network shall be permitted as soon as practical. A K-12 school district which provides the certification to the commission as provided in this section may petition the commission for reimbursement of the costs associated with providing the connection incurred by the district.

Sec. 25. COMMISSION EVALUATION. The commission shall evaluate and complete a cost-benefit analysis concerning the use of video conferencing by the area education agen- cies. The commission shall provide a written report and any recommendations concerning this evaluation to the general assembly by no later than March 15, 1995.

607 LA WS OF THE SEVENTY -FIFTH G.A., 1994 SESSION CH. 1185

Sec. 26. IOWA UTILITIES BOARD STUDY. The Iowa utilities board shall conduct a study to determine the overall impact of the Iowa communications network on the private telecom- munications industry in Iowa. The board shall provide a written report to the general assem- bly by no later than January 15, 1996, detailing the results of the study.

Sec. 27. TEMPORARY AUTHORITY OF CHIEF EXECUTIVE OFFICER. All duties and responsibilities of the Iowa telecommunications and technology commission shall be performed by the ICN chief executive officer appointed by the governor pursuant to executive order num- ber 46 signed on January 5, 1993, until such time as the initial appointments to the commission have been made and the commission has organized itself.

Sec. 28. INITIAL lOW A TELECOMMUNICATIONS AND TECHNOLOGY COMMISSION APPOINTMENTS. The initial members of the Iowa telecommunications and technology com- mission shall be appointed on or before July 1, 1994, to the following terms:

1. One member shall be appointed for a term of six years. 2. One member shall be appointed for a term of four years. 3. One member shall be appointed for a term of two years.

Sec. 29. CODE EDITOR TRANSFERS. The Code editor shall transfer sections 18.132 through 18.137 to be a new chapter 8D. The Code editor shall correct all internal citations and references consistent with the transfer of Code sections as provided in this section.

Sec. 30. CONTINUATION OF APPLICABILITY OF EXISTING RULES. Rules applica- ble to the Iowa communications network in effect on the effective date of this Act shall remain effective until the Iowa telecommunications and technology commission modifies or repeals such rules.

Sec. 31. REPEAL. Section 18.135, Code 1993, is repealed.

Sec. 32. EFFECTIVE DATE. This Act, being deemed of immediate importance, is effec- tive upon enactment.

Approved May 18, 1994

CHAPTER 1185 PRIZE PROMOTIONS

S.F.2272

AN ACT relating to prize promotions by creating criminal and civil penalties and creating a private cause of action.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 714.8, Code 1993, is amended by adding the following new subsection: NEW SUBSECTION. 15. Obtains or attempts to obtain the transfer of possession, control,

or ownership, of the property of another by deception through communications conducted primarily by telephone and involving direct or implied claims that the other person contacted has won or is about to win a prize, or involving direct or implied claims that the other person contacted may be able to recover any losses suffered by such other person in connection with a prize promotion.

Sec. 2. NEW SECTION. 714B.1 DEFINITIONS. As used in this chapter, unless the context otherwise requires: