Senate File 60 - Introduced




                                 SENATE FILE       
                                 BY  SODDERS

                                      A BILL FOR

  1 An Act relating to the coordination of, access to, and
  2    availability of broadband via fiberoptic network
  3    infrastructure throughout the state.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 1386XS (5) 86
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PAG LIN



  1  1    Section 1.  Section 8B.1, Code 2015, is amended by adding the
  1  2 following new subsections:
  1  3    NEW SUBSECTION.  01.  "Broadband" means a high=speed,
  1  4 high=capacity electronic transmission medium that can carry
  1  5 data signals from multiple independent network sources by
  1  6 establishing different bandwidth channels and that is commonly
  1  7 used to deliver internet services to the public.
  1  8    NEW SUBSECTION.  001.  "Communications service provider"
  1  9 means a service provider that provides broadband service using
  1 10 fiberoptic network infrastructure.
  1 11    NEW SUBSECTION.  0001.  "Fiberoptic network infrastructure"
  1 12 means the physical infrastructure used for the transmission
  1 13 of data via broadband over fiberoptic networks, including
  1 14 but not limited to any fiberoptic cable equipment, systems,
  1 15 switches, routers, conduits, servers, software, technology,
  1 16 base transceiver station sites, or other equipment used to
  1 17 transmit broadband communications via fiberoptics. "Fiberoptic
  1 18 network infrastructure" does not include land, buildings,
  1 19 structures, improvements, or equipment not directly used in the
  1 20 transmission of data via broadband over fiberoptic networks.
  1 21    NEW SUBSECTION.  7A.  "Targeted underserved service area"
  1 22 means one or more homes or businesses that do not have
  1 23 access to broadband service provided by fiberoptic network
  1 24 infrastructure.
  1 25    Sec. 2.  Section 8B.1, subsection 1, Code 2015, is amended
  1 26 to read as follows:
  1 27    1.  "Information technology" means computing and electronics
  1 28 applications used to process and distribute information in
  1 29 digital and other forms and includes information technology
  1 30 devices, information technology services, infrastructure
  1 31 services, broadband and fiberoptic network infrastructure, and
  1 32 value=added services.
  1 33    Sec. 3.  Section 8B.3, subsection 1, Code 2015, is amended
  1 34 to read as follows:
  1 35    1.  The office is created for the purpose of leading,
  2  1 directing, managing, coordinating, and providing accountability
  2  2 for the information technology resources of state government
  2  3 and for coordinating statewide broadband availability and
  2  4 access provided by fiberoptic network infrastructure.
  2  5    Sec. 4.  Section 8B.4, Code 2015, is amended by adding the
  2  6 following new subsection:
  2  7    NEW SUBSECTION.  14A.  Streamline, consolidate, and
  2  8 coordinate the access to and availability of broadband via
  2  9 fiberoptic network infrastructure throughout the state,
  2 10 including but not limited to developing policies and
  2 11 recommendations for expanding the installation of fiberoptic
  2 12 network infrastructure in targeted underserved service areas
  2 13 of the state, facilitating public=private partnerships,
  2 14 ensuring that all state agencies' broadband and fiberoptic
  2 15 network infrastructure policies and procedures are aligned,
  2 16 promoting accountability regarding broadband and fiberoptic
  2 17 network infrastructure availability and access, integrating
  2 18 broadband with cyber security standards and rules, resolving
  2 19 issues which arise with regard to implementation efforts,
  2 20 collecting data and developing metrics or standards against
  2 21 which the data may be measured and evaluated regarding
  2 22 fiberoptic network infrastructure installation and deployment,
  2 23 and identifying options regarding the creation of standing
  2 24 resources for stakeholders, such as a fiberoptic database or a
  2 25 fiberoptic network conduit installation coordination effort for
  2 26 state=funded construction projects.
  2 27    Sec. 5.  Section 8B.9, Code 2015, is amended by adding the
  2 28 following new subsection:
  2 29    NEW SUBSECTION.  5.  An annual report regarding the status of
  2 30 broadband expansion and coordination via fiberoptic networks.
  2 31    Sec. 6.  Section 8D.3, subsection 2, paragraph a, Code 2015,
  2 32 is amended to read as follows:
  2 33    a.  The commission is composed of five voting members
  2 34 appointed by the governor and subject to confirmation by the
  2 35 senate. Members Voting members of the commission shall not
  3  1 serve in any manner or be employed by an authorized user of the
  3  2 network or by an entity seeking to do or doing business with
  3  3 the network.
  3  4    (1)  The governor shall appoint a voting member as the
  3  5 chairperson of the commission from the five voting members
  3  6 appointed by the governor, subject to confirmation by the
  3  7 senate.
  3  8    (2)  Members Voting members of the commission shall serve
  3  9 six=year staggered terms as designated by the governor and
  3 10 appointments to the commission are subject to the requirements
  3 11 of sections 69.16, 69.16A, and 69.19. Vacancies shall be
  3 12 filled by the governor for the duration of the unexpired term.
  3 13    (3)  The salary of the voting members of the commission shall
  3 14 be twelve thousand dollars per year, except that the salary
  3 15 of the chairperson shall be seventeen thousand dollars per
  3 16 year. Members Voting members of the commission shall also be
  3 17 reimbursed for all actual and necessary expenses incurred in
  3 18 the performance of duties as members. The benefits and salary
  3 19 paid to the voting members of the commission shall be adjusted
  3 20 annually equal to the average of the annual pay adjustments,
  3 21 expense reimbursements, and related benefits provided under
  3 22 collective bargaining agreements negotiated pursuant to chapter
  3 23 20.
  3 24    Sec. 7.  Section 8D.3, subsection 2, paragraph b, Code 2015,
  3 25 is amended to read as follows:
  3 26    b.  In addition to the members appointed by the governor,
  3 27 the The auditor of state or the auditor's designee and the
  3 28 chief information officer appointed pursuant to section 8B.2
  3 29 or the chief information officer's designee shall serve as a
  3 30  nonvoting, ex officio member members of the commission.
  3 31    Sec. 8.  Section 8D.4, Code 2015, is amended to read as
  3 32 follows:
  3 33    8D.4  Executive director appointed.
  3 34    The commission, in consultation with the director of
  3 35 the department of administrative services and the chief
  4  1 information officer, shall appoint an executive director of
  4  2 the commission, subject to confirmation by the senate. Such
  4  3 individual shall not serve as a member of the commission.
  4  4 The executive director shall serve at the pleasure of the
  4  5 commission. The executive director shall be selected primarily
  4  6 for administrative ability and knowledge in the field, without
  4  7 regard to political affiliation. The governor shall establish
  4  8 the salary of the executive director within range nine as
  4  9 established by the general assembly. The salary and support of
  4 10 the executive director shall be paid from funds deposited in
  4 11 the Iowa communications network fund.
  4 12    Sec. 9.  Section 80.28, subsection 2, Code 2015, is amended
  4 13 to read as follows:
  4 14    2.  The board shall consist of fifteen seventeen voting
  4 15 members, as follows:
  4 16    a.  The following members representing state agencies:
  4 17    (1)  One member representing the department of public
  4 18 safety.
  4 19    (2)  One member representing the state department of
  4 20 transportation.
  4 21    (3)  One member representing the department of homeland
  4 22 security and emergency management.
  4 23    (4)  One member representing the department of corrections.
  4 24    (5)  One member representing the department of natural
  4 25 resources.
  4 26    (6)  One member representing the Iowa department of public
  4 27 health.
  4 28    (7)  One member representing the office of the chief
  4 29 information officer created in section 8B.2.
  4 30    b.  The governor shall solicit and consider recommendations
  4 31 from professional or volunteer organizations in appointing the
  4 32 following members:
  4 33    (1)  Two members who are representatives from municipal
  4 34 police departments.
  4 35    (2)  Two members who are representatives of sheriff's
  5  1 offices.
  5  2    (3)  Two members who are representatives from fire
  5  3 departments. One of the members shall be a volunteer fire
  5  4 fighter and the other member shall be a paid fire fighter.
  5  5    (4)  Two members who are law communication center managers
  5  6 employed by state or local government agencies.
  5  7    (05)  One member who is an emergency medical care provider
  5  8 as defined in section 147A.1.
  5  9    (5)  One at=large member.
  5 10    Sec. 10.  Section 423F.3, subsection 6, Code 2015, is amended
  5 11 by adding the following new paragraph:
  5 12    NEW PARAGRAPH.  0c.  Additionally, "school infrastructure"
  5 13 includes the acquisition or installation of information
  5 14 technology infrastructure.  For purposes of this paragraph,
  5 15 "information technology infrastructure" means the basic,
  5 16 underlying physical framework or system necessary to deliver
  5 17 technology connectivity to a school district and to network
  5 18 school buildings within a school district.
  5 19                           EXPLANATION
  5 20 The inclusion of this explanation does not constitute agreement with
  5 21 the explanation's substance by the members of the general assembly.
  5 22    This bill relates to the availability of broadband access
  5 23 via fiberoptic network infrastructure across the state.
  5 24    The bill modifies provisions in Code chapter 8B, the
  5 25 information technology chapter which creates the office of the
  5 26 chief information officer, by adding several definitions to the
  5 27 Code chapter.  The bill defines "broadband" as a high=speed,
  5 28 high=capacity electronic transmission medium that can carry
  5 29 data signals from multiple independent network sources by
  5 30 establishing different bandwidth channels and that is commonly
  5 31 used to deliver internet services to the public.  The bill
  5 32 defines "fiberoptic network infrastructure" as the physical
  5 33 infrastructure used for the transmission of data via broadband
  5 34 over fiberoptic networks.  The bill also adds definitions for
  5 35 "communications service provider" and "targeted underserved
  6  1 service area".  The bill changes the definition of "information
  6  2 technology" to include broadband and fiberoptic network
  6  3 infrastructure.
  6  4    The bill adds additional powers and duties for the chief
  6  5 information officer relating to broadband and fiberoptic
  6  6 network infrastructure.  The bill includes coordination of
  6  7 statewide broadband availability and access via fiberoptic
  6  8 network infrastructure as a mission of the office of the
  6  9 chief information officer.  The bill also requires the chief
  6 10 information officer to streamline, consolidate, and coordinate
  6 11 access to and availability of broadband via fiberoptic network
  6 12 infrastructure.  The bill directs the chief information officer
  6 13 to submit an annual report regarding the status of broadband
  6 14 expansion and coordination via fiberoptic networks.  The
  6 15 bill also adds the chief information officer as a nonvoting,
  6 16 ex officio member to the telecommunication and technology
  6 17 commission, established in current Code section 8D.3 and which
  6 18 oversees the operation of the Iowa communications network, and
  6 19 to the statewide interoperable communications system board
  6 20 established in current Code section 80.28 under the purview of
  6 21 the departments of public safety and transportation.  The bill
  6 22 makes corresponding amendments regarding voting members of the
  6 23 commission and the appointment of the executive director of the
  6 24 telecommunication and technology commission. The bill also
  6 25 adds an emergency care provider to the statewide interoperable
  6 26 communications system board.
  6 27    Finally, the bill adds the acquisition or installation of
  6 28 information technology infrastructure, as defined in the bill,
  6 29 to the definition of "school infrastructure" for purposes
  6 30 of the statewide school infrastructure funding provisions
  6 31 contained in Code chapter 423F.
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