Text: S03147                            Text: S03149
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Senate Amendment 3148

Amendment Text

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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