8D.11 - POWERS -- FACILITIES -- LEASES.
8D.11 POWERS -- FACILITIES -- LEASES.
1. a. The commission may purchase, lease, and improve
property, equipment, and services for telecommunications for public
and private agencies and may dispose of property and equipment when
not necessary for its purposes. The commission may enter into a
contract for the purchase, lease, or improvement of property,
equipment, or services for telecommunications pursuant to this
subsection in an amount not greater than the contract limitation
amount without prior authorization by a constitutional majority of
each house of the general assembly, approval by the legislative
council if the general assembly is not in session, or the approval of
the executive council as provided pursuant to paragraph "b". A
contract entered into under this subsection for an amount exceeding
the contract limitation amount shall require prior authorization or
approval by the general assembly, the legislative council, or the
executive council as provided in this subsection. The commission
shall not issue any bonding or other long-term financing arrangements
as defined in section 12.30, subsection 1, paragraph "b". Real
or personal property to be purchased by the commission through the
use of a financing agreement shall be done in accordance with the
provisions of section 12.28, provided, however, that the commission
may purchase property, equipment, or services for telecommunications
pursuant to a financing agreement in an amount not greater than the
contract limitation amount without prior authorization by a
constitutional majority of each house of the general assembly,
approval by the legislative council if the general assembly is not in
session, or the approval of the executive council as provided
pursuant to paragraph "b". A contract entered into under this
subsection for an amount exceeding the contract limitation amount
shall require prior authorization or approval by the general
assembly, the legislative council, or the executive council as
provided in this subsection.
b. Approval by the executive council as provided under
paragraph "a" shall only be permitted if the contract for which
the commission is seeking approval is necessary as the result of
circumstances constituting a natural disaster or a threat to homeland
security.
c. For purposes of this subsection, "contract limitation
amount" means two million dollars. However, beginning July 1,
2008, and on each succeeding July 1, the director shall adjust the
contract limitation amount to be applicable for the twelve-month
period commencing on September 1 of the year in which the adjustment
is made. The new contract limitation amount shall be published
annually as a notice in the Iowa administrative bulletin prior to
September 1. The adjusted contract limitation amount shall be
calculated by applying the percentage change in the consumer price
index for all urban consumers for the most recent available
twelve-month period published in the federal register by the United
States department of labor, bureau of labor statistics, to the
existing contract limitation amount as an increase or decrease,
rounded to the nearest dollar. The calculation and publication of
the contract limitation amount by the director are exempt from the
provisions of chapter 17A.
2. 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 unless otherwise authorized pursuant to
this chapter. The 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 the Iowa
communications network, and public agencies are authorized to enter
into leases and agreements with respect to the network for their use
and operation. 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.
3. This section comprises a complete and independent
authorization and procedure for a public agency, with the approval of
the commission, to enter into a lease or agreement 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 terms, requirements, or limitations of any
other provisions of law, except that the commission must comply with
the provisions of section 12.28 when entering into financing
agreements for the purchase of real or personal property. All moneys
received by the commission from agreements and leases entered into
pursuant to this section with private and public agencies shall be
deposited in the Iowa communications network fund.
4. A political subdivision receiving communications services from
the state as of April 1, 1986, may continue to do so but
communications services shall not be provided or resold to additional
political subdivisions other than a school corporation, a city
library, a library service area as provided in chapter 256, and a
county library as provided in chapter 336. The rates charged to the
political subdivision shall be the same as the rates charged to state
agencies. Section History: Recent Form
86 Acts, ch 1245, § 309
C87, §18.134
87 Acts, ch 233, § 131; 89 Acts, ch 319, § 32; 93 Acts, ch 48, §9;
94 Acts, ch 1184, §13, 29
C95, §8D.11
96 Acts, ch 1177, §1; 2001 Acts, ch 158, §3; 2007 Acts, ch 116, §2
Referred to in § 8D.3, 8D.14