Bill Text: IA SF8 | 2019-2020 | 88th General Assembly | Introduced


Bill Title: A bill for an act providing for the sale or lease of the Iowa communications network.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2019-01-31 - Subcommittee Meeting: 02/04/2019 4:00PM Senate Lobbyist Lounge. [SF8 Detail]

Download: Iowa-2019-SF8-Introduced.html
Senate File 8 - Introduced SENATE FILE 8 BY ZAUN A BILL FOR An Act providing for the sale or lease of the Iowa 1 communications network. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1627XS (1) 88 gh/rn
S.F. 8 Section 1. SALE OR LEASE OF IOWA COMMUNICATIONS NETWORK. 1 1. The Iowa telecommunications and technology commission 2 shall implement a request for proposals process to sell 3 or lease the Iowa communications network. The request for 4 proposals shall provide for the sale to be concluded or the 5 lease to commence during the fiscal year beginning July 1, 6 2019. 7 2. a. Prior to a sale or lease of the Iowa communications 8 network, the state auditor shall conduct a comprehensive 9 audit and accounting of the network to include the following 10 components: 11 (1) A complete financial audit of the network for the period 12 beginning July 1, 2016, and ending July 1, 2019, to identify 13 the revenues and expenses of the network and verify that 14 charges were properly made to all existing authorized users and 15 booked accurately by such authorized users and the network. 16 (2) A complete inventory audit of all components included 17 in the network, including telecommunications-related and 18 non-telecommunications-related property or equipment. Such 19 inventory shall identify the age and condition of property 20 or equipment purchased or leased by the commission for the 21 operation of the network and verify physical connections to 22 current authorized users. 23 (3) Information identifying and quantifying the value of 24 services provided by the network to current authorized users. 25 (4) Information identifying all current authorized users 26 and business units of the network. 27 b. Following the completion of the comprehensive audit and 28 accounting required pursuant to paragraph “a”, an independent 29 appraisal firm shall conduct an appraisal of the network to 30 determine the current market value of the assets listed in the 31 audit and accounting. The independent appraisal firm shall be 32 selected through a competitive bidding process not associated 33 with the network or any of its vendors. 34 c. The results of the audit, accounting, and appraisal of 35 -1- LSB 1627XS (1) 88 gh/rn 1/ 4
S.F. 8 the network conducted pursuant to this subsection shall be made 1 available to the public on an internet site maintained by the 2 commission. 3 3. A sale or lease of the Iowa communications network 4 pursuant to this section shall be conditioned as follows: 5 a. Public funds shall not be used to secure the purchase of 6 the network. 7 b. If the commission seeks outside assistance to implement 8 the request for proposals process, such assistance shall be 9 provided by an independent professional firm selected through a 10 competitive bidding process not associated with the network or 11 any of its vendors. 12 c. The request for proposals shall include a complete list 13 of all assets subject to the sale or lease, as identified 14 pursuant to subsection 2, which shall not be materially altered 15 after the request for proposals is released for bids. 16 d. The request for proposals shall allow a bidder to 17 purchase the network’s assets relating to the Iowa national 18 guard. 19 e. The request for proposals shall not require a bidder to 20 subsidize the network’s services that are operating at a loss, 21 maintain the network’s billing and procurement system, maintain 22 or employ the network’s employees, or segregate the network’s 23 fiber operations from the bidder’s operations. 24 f. The winning bidder selected pursuant to the request 25 for proposals shall demonstrate a commitment to serving the 26 citizens of this state and facilitating rural broadband service 27 throughout the state at or above twenty-five megabits per 28 second of download speed and three megabits per second of 29 upload speed. 30 4. The commission shall submit periodic status reports to 31 the general assembly at three-month intervals, beginning on 32 October 1, 2019, regarding progress made toward selling or 33 leasing the network. 34 EXPLANATION 35 -2- LSB 1627XS (1) 88 gh/rn 2/ 4
S.F. 8 The inclusion of this explanation does not constitute agreement with 1 the explanation’s substance by the members of the general assembly. 2 This bill directs the Iowa telecommunications and technology 3 commission to implement a request for proposals (RFP) process 4 to sell or lease the Iowa communications network, with the sale 5 or lease to commence during the fiscal year beginning July 1, 6 2019. 7 The bill provides that prior to the sale or lease of the 8 network, the state auditor shall conduct a comprehensive audit 9 and accounting of the network, including a complete financial 10 audit, a complete inventory audit, information relating to the 11 value of services provided by the network, and information 12 identifying all current authorized users of the network, as 13 specified in the bill. The bill further provides that an 14 independent appraisal firm shall conduct an appraisal of the 15 network to determine the current market value of the network’s 16 assets. Such firm shall be selected through a competitive 17 bidding process not associated with the network or any of 18 its vendors. The bill requires the results of the audit, 19 accounting, and appraisal to be made available to the public. 20 The bill conditions the sale or lease of the network as 21 follows: public funds shall not be used to secure the purchase 22 of the network; if the commission seeks outside assistance to 23 implement the RFP process, such assistance shall be provided by 24 an independent professional firm selected through a competitive 25 bidding process not associated with the network or any of 26 its vendors; the RFP shall include a complete list of all of 27 the assets subject to the sale or lease, which shall not be 28 materially altered after the RFP is released; the RFP shall 29 allow a bidder to purchase the network’s assets relating to 30 the Iowa national guard; the RFP shall not require a bidder to 31 subsidize the network’s services that are operating at a loss, 32 maintain the network’s billing and procurement system, maintain 33 or employ the network’s employees, or segregate operations; and 34 the winning bidder shall demonstrate a commitment to serving 35 -3- LSB 1627XS (1) 88 gh/rn 3/ 4
S.F. 8 the citizens of Iowa and facilitating rural broadband service 1 as specified in the bill. 2 The bill requires the commission to submit status reports 3 to the general assembly every three months, beginning October 4 1, 2019, regarding progress made toward selling or leasing the 5 network. 6 -4- LSB 1627XS (1) 88 gh/rn 4/ 4
feedback