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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