Iowa Code § 480.3 - Notification center established — participation

1. a. A statewide notification center is established and shall be organized as a nonprofit corporation pursuant to chapter 504. (1) The center shall be governed by a board of directors, which shall represent and be elected by operators, excavators, and other persons who participate in the center. The board shall include two locators and two excavators to serve as nonvoting members. The board, with input from all interested parties, shall determine the operating procedures and technology needed for a single statewide notification center and establish a notification process. (2) In addition, the board shall either establish a competitive bidding procedure to select a vendor to provide the notification service or retain sufficient and necessary staff to provide the notification service. (a) If a vendor is selected, the vendor contract shall be for a three-year period, which may be extended upon the approval of the board for a period not exceeding an additional three years. The terms of the vendor contract may be modified from time to time by the board and the vendor. The contract shall be reviewed, with an opportunity to receive new bids, at the end of the term of the contract. (b) If the board retains staff to provide the notification service, the board, at the board’s discretion, may review the notification service at any time and make a determination to use the competitive bidding procedure to select a vendor. b. Upon the selection of a vendor pursuant to paragraph “a”, the board shall notify the chairperson of the utilities commission in writing of the selection. The board shall submit an annual report to the chairperson of the utilities commission including an annual audit and review of the services provided by the notification center and the vendor. c. The board is subject to chapters 21 and 22. 2. a. The board shall implement the latest and most cost-effective technological improvements for the center in order to provide operators and excavators with the most accurate data available and in a timely manner to allow operators and excavators to perform their responsibilities with the minimum amount of interruptions. b. The center shall establish a communication system to facilitate the provision of notice by operators, locators, and excavators. 3. Every operator shall participate in and share in the costs of the notification center. The financial condition and the transactions of the notification center shall be audited at least once each year by a certified public accountant. The notification center shall not provide any form of aid or make a contribution to a political party or to the campaign of a candidate for political or public office. In addition to any applicable civil penalty, as provided in section 480.6, a violation of this section constitutes a simple misdemeanor. 4. The center shall provide records to the utilities commission upon request as a part of an investigation on behalf of the attorney general’s office. 87 Acts, ch 135, §3 ; 92 Acts, ch 1103, §3 ; 95 Acts, ch 112, §1 ; 98 Acts, ch 1049, §1 ; 2002 Acts, ch 1054, §1 ; 2004 Acts, ch 1049, §191 ; 2004 Acts, ch 1175, §393 ; 2024 Acts, ch 1120, §2 – 4; 2024 Acts, ch 1170, §369 Referred to in §423.3, 480.1