Text: S03147 Text: S03149 Text: S03100 - S03199 Text: S Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend Senate File 392 as follows: 1 2 #1. By striking everything after the enacting 1 3 clause and inserting the following: 1 4 "Section 1. LEGISLATIVE INTENT. It is the intent 1 5 of the general assembly to specifically provide that 1 6 cities of Iowa which create city utilities in the 1 7 manner provided by law are authorized to provide on a 1 8 competitively neutral basis with existing local 1 9 exchange carriers separate or combined cable 1 10 communications or television, telephone, 1 11 telecommunications systems or services, including 1 12 wireless systems or services, through the ownership of 1 13 systems or offering of the services. 1 14 Sec. 2. Section 362.2, subsection 6, Code 1999, is 1 15 amended to read as follows: 1 16 6. "City utility" means all or part of a 1 17 waterworks, gasworks, sanitary sewage system, storm 1 18 water drainage system, electric light and power plant 1 19 and system, heating plant, cable communication or 1 20 television system, telephone or telecommunications 1 21 systems or services offered separately or combined 1 22 with any system or service specified in this 1 23 subsection or authorized by other law, any of which 1 24 are owned by a city, including all land, easements, 1 25 rights of way, fixtures, equipment, accessories, 1 26 improvements, appurtenances, and other property 1 27 necessary or useful for the operation of the utility. 1 28 Sec. 3. NEW SECTION. 388.9 COMPETITIVE 1 29 INFORMATION. 1 30 1. Notwithstanding section 21.5, subsection 1, the 1 31 governing body of a city utility or combined utility 1 32 system, or a city enterprise or combined city 1 33 enterprise as defined in section 384.80, by a vote of 1 34 two-thirds of the members of the body or all of the 1 35 members present at the meeting, may hold a closed 1 36 session to discuss marketing and pricing strategies or 1 37 proprietary information if its competitive position 1 38 would be harmed by public disclosure not required of 1 39 potential or actual competitors, and if no public 1 40 purpose would be served by such disclosure. The 1 41 minutes and a tape recording of a session closed under 1 42 this subsection shall be available for public 1 43 examination at that point in time when the public 1 44 disclosure would no longer harm the utility's 1 45 competitive position. 1 46 2. Notwithstanding section 22.2, subsection 1, 1 47 public records of a city utility or combined utility 1 48 system, or a city enterprise or combined city 1 49 enterprise as defined in section 384.80, which shall 1 50 not be examined or copied as of right, include 2 1 proprietary information, records of customer names and 2 2 accounts, records associated with marketing or pricing 2 3 strategies, preliminary working papers, spreadsheet 2 4 scenarios, and cost data, if the competitive position 2 5 of the city utility, combined utility system, city 2 6 enterprise, or combined city enterprise would be 2 7 harmed by public disclosure not required of a 2 8 potential or actual competitor, and if no public 2 9 purpose would be served by such disclosure. A public 2 10 record not subject to examination or copying under 2 11 this subsection shall be available for public 2 12 examination and copying at that point in time when 2 13 public disclosure would no longer harm the competitive 2 14 position of the city utility, combined utility system, 2 15 city enterprise, or combined city enterprise. 2 16 Sec. 4. NEW SECTION. 388.10 MUNICIPAL UTILITY 2 17 PROVIDING LOCAL EXCHANGE SERVICES. 2 18 1. a. A city that owns or operates a municipal 2 19 utility providing local exchange services pursuant to 2 20 chapter 476 or the municipal utility shall not do, 2 21 directly or indirectly, any of the following: 2 22 (1) Use general fund moneys for the ongoing 2 23 support or subsidy of a telecommunications system. 2 24 (2) Provide any city facilities, equipment, or 2 25 services to provide telecommunications systems or 2 26 services at a cost for such facilities, equipment, or 2 27 services which is less than the reasonable cost of 2 28 providing such city facilities, equipment, or 2 29 services. 2 30 (3) Provide any other city service, other than a 2 31 communications service, to a telecommunications 2 32 customer at a cost which is less than would be paid by 2 33 the same person receiving such other city service if 2 34 the person was not a telecommunications customer. 2 35 (4) Use funds or revenue generated from electric, 2 36 gas, water, sewage, or garbage services provided by 2 37 the city for the ongoing support of systems and 2 38 services used to provide local exchange services. 2 39 b. For purposes of this section, 2 40 "telecommunications system" means only that portion of 2 41 a system or facilities which is used to provide local 2 42 exchange services. 2 43 2. A city that owns or operates a municipal 2 44 utility providing local exchange services pursuant to 2 45 chapter 476 or the municipal utility shall do the 2 46 following: 2 47 a. Prepare and maintain records which record the 2 48 full cost accounting of providing local exchange 2 49 service. The records shall show the amount and source 2 50 of capital for initial construction or acquisition of 3 1 the local exchange system or facilities. This section 3 2 shall not prohibit a municipal utility from utilizing 3 3 capital from any lawful source, provided that the 3 4 reasonable cost of such capital is accounted for as a 3 5 cost of providing the service. 3 6 b. Adopt rates for the provision of local exchange 3 7 services that reflect the actual cost of providing the 3 8 local exchange service. However, this paragraph shall 3 9 not prohibit the municipal utility from establishing 3 10 market-based prices for competitive local exchange 3 11 services. 3 12 c. Be subject to all requirements of the city 3 13 which would apply to any other provider of local 3 14 exchange services in the same manner as such 3 15 requirements would apply to such other provider. 3 16 3. This section shall not prohibit the marketing 3 17 or bundling of other products or services, in addition 3 18 to local exchange services. However, a city shall 3 19 include on a billing statement sent to a person 3 20 receiving services from the city, a separate charge 3 21 for each service provided to the person. This 3 22 subsection does not prohibit the city from also 3 23 including on the billing statement a total amount to 3 24 be paid by the person. 3 25 Sec. 5. Section 427.1, subsection 2, Code 1999, is 3 26 amended to read as follows: 3 27 2. MUNICIPAL AND MILITARY PROPERTY. The property 3 28 of a county, township, city, school corporation, levee 3 29 district, drainage district or military company of the 3 30 state of Iowa, when devoted to public use and not held 3 31 for pecuniary profit, except property of a municipally 3 32 owned electric utility held under joint ownership and 3 33 property of an electric power facility financed under 3 34 chapter 28F which shall be subject to taxation under 3 35 chapter 437A and facilities of a municipal utility 3 36 that are used for the provision of local exchange 3 37 services pursuant to chapter 476, but only to the 3 38 extent such facilities are used to provide such 3 39 services, which shall be subject to taxation under 3 40 chapter 433, except that section 433.11 shall not 3 41 apply. The exemption for property owned by a city or 3 42 county also applies to property which is operated by a 3 43 city or county as a library, art gallery or museum, 3 44 conservatory, botanical garden or display, observatory 3 45 or science museum, or as a location for holding 3 46 athletic contests, sports or entertainment events, 3 47 expositions, meetings or conventions, or leased from 3 48 the city or county for any such purposes. Food and 3 49 beverages may be served at the events or locations 3 50 without affecting the exemptions, provided the city 4 1 has approved the serving of food and beverages on the 4 2 property if the property is owned by the city or the 4 3 county has approved the serving of food and beverages 4 4 on the property if the property is owned by the 4 5 county. 4 6 Sec. 6. Section 433.12, Code 1999, is amended to 4 7 read as follows: 4 8 433.12 "COMPANY" DEFINED. 4 9 "Company" as used in this chapter means any person, 4 10 copartnership, association, corporation, or syndicate 4 11 that owns or operates, or is engaged in operating, any 4 12 telegraph or telephone line, whether formed or 4 13 organized under the laws of this state or elsewhere. 4 14 "Company" includes a city that owns or operates a 4 15 municipal utility providing local exchange services 4 16 pursuant to chapter 476. 4 17 Sec. 7. Section 476.1B, subsection 3, Code 1999, 4 18 is amended to read as follows: 4 19 3. Unless otherwise specifically provided by 4 20 statute, a municipally owned utility providing local 4 21 exchange services is not subject to regulation by the 4 22 board under this chapter except for regulatory action 4 23 pertaining to the enforcement of sections 476.11, 4 24 476.29, 476.95, 476.96, 476.100, 476.101, and 476.102. 4 25 Sec. 8. EFFECTIVE DATE AND RETROACTIVE 4 26 APPLICABILITY. This Act, being deemed of immediate 4 27 importance, takes effect upon enactment, and applies 4 28 retroactively to July 1, 1993. City elections held 4 29 after June 30, 1993, for the purpose of voting on the 4 30 question of offering communications or 4 31 telecommunications systems or services offered 4 32 separately or combined with any system or service 4 33 specified under section 362.2, subsection 6, are 4 34 deemed to have been held in accordance with this Act 4 35 and are valid for the purpose of offering such systems 4 36 or services. Actions of the utilities board taken in 4 37 reliance on the results of the city elections held as 4 38 specified in this section are deemed to have been 4 39 taken in accordance with this Act and are valid. 4 40 Financing measures taken by a city prior to January 1, 4 41 1999, are not a violation of this Act." 4 42 4 43 4 44 4 45 JOHN W. JENSEN 4 46 MICHAEL E. GRONSTAL 4 47 SF 392.502 78 4 48 mj/jw
Text: S03147 Text: S03149 Text: S03100 - S03199 Text: S Index Bills and Amendments: General Index Bill History: General Index
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