Text: S03161 Text: S03163 Text: S03100 - S03199 Text: S Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Amend the amendment, S-3148, to Senate File 392 as
1 2 follows:
1 3 #1. By striking page 1, line 2, through page 4,
1 4 line 41, and inserting the following:
1 5 "# . By striking everything after the enacting
1 6 clause and inserting the following:
1 7 "Section 1. LEGISLATIVE INTENT. It is the intent
1 8 of the general assembly to specifically provide that
1 9 cities of Iowa which create city utilities in the
1 10 manner provided by law are authorized to provide on a
1 11 competitively neutral basis with existing local
1 12 exchange carriers separate or combined cable
1 13 communications or television, telephone,
1 14 telecommunications systems or services, including
1 15 wireless systems or services, through the ownership of
1 16 systems or offering of the services.
1 17 Sec. 2. Section 362.2, subsection 6, Code 1999, is
1 18 amended to read as follows:
1 19 6. "City utility" means all or part of a
1 20 waterworks, gasworks, sanitary sewage system, storm
1 21 water drainage system, electric light and power plant
1 22 and system, heating plant, cable communication or
1 23 television system, telephone or telecommunications
1 24 systems or services offered separately or combined
1 25 with any system or service specified in this
1 26 subsection or authorized by other law, any of which
1 27 are owned by a city, including all land, easements,
1 28 rights of way, fixtures, equipment, accessories,
1 29 improvements, appurtenances, and other property
1 30 necessary or useful for the operation of the utility.
1 31 Sec. 3. NEW SECTION. 388.9 COMPETITIVE
1 32 INFORMATION.
1 33 1. Notwithstanding section 21.5, subsection 1, the
1 34 governing body of a city utility or combined utility
1 35 system, or a city enterprise or combined city
1 36 enterprise as defined in section 384.80, by a vote of
1 37 two-thirds of the members of the body or all of the
1 38 members present at the meeting, may hold a closed
1 39 session to discuss marketing and pricing strategies or
1 40 proprietary information if its competitive position
1 41 would be harmed by public disclosure not required of
1 42 potential or actual competitors, and if no public
1 43 purpose would be served by such disclosure. The
1 44 minutes and a tape recording of a session closed under
1 45 this subsection shall be available for public
1 46 examination at that point in time when the public
1 47 disclosure would no longer harm the utility's
1 48 competitive position.
1 49 2. Notwithstanding section 22.2, subsection 1,
1 50 public records of a city utility or combined utility
2 1 system, or a city enterprise or combined city
2 2 enterprise as defined in section 384.80, which shall
2 3 not be examined or copied as of right, include
2 4 proprietary information, records of customer names and
2 5 accounts, records associated with marketing or pricing
2 6 strategies, preliminary working papers, spreadsheet
2 7 scenarios, and cost data, if the competitive position
2 8 of the city utility, combined utility system, city
2 9 enterprise, or combined city enterprise would be
2 10 harmed by public disclosure not required of a
2 11 potential or actual competitor, and if no public
2 12 purpose would be served by such disclosure. A public
2 13 record not subject to examination or copying under
2 14 this subsection shall be available for public
2 15 examination and copying at that point in time when
2 16 public disclosure would no longer harm the competitive
2 17 position of the city utility, combined utility system,
2 18 city enterprise, or combined city enterprise.
2 19 Sec. 4. NEW SECTION. 388.10 MUNICIPAL UTILITY
2 20 PROVIDING LOCAL EXCHANGE SERVICES.
2 21 1. a. A city that owns or operates a municipal
2 22 utility providing local exchange services pursuant to
2 23 chapter 476 or the municipal utility shall not do any
2 24 of the following:
2 25 (1) Use general fund moneys for the ongoing
2 26 support or subsidy of a telecommunications system.
2 27 (2) Provide any city facilities, equipment, or
2 28 services to provide telecommunications systems or
2 29 services at a cost for such facilities, equipment, or
2 30 services which is less than the reasonable cost of
2 31 providing such city facilities, equipment, or
2 32 services.
2 33 (3) Provide any other city service, other than a
2 34 communications service, to a telecommunications
2 35 customer at a cost which is less than would be paid by
2 36 the same person receiving such other city service if
2 37 the person was not a telecommunications customer. For
2 38 purposes of this subparagraph, "communications
2 39 service" includes, but is not limited to, voice,
2 40 video, and data products and services.
2 41 (4) Use funds or revenue generated from electric,
2 42 gas, water, sewage, or solid waste services provided
2 43 by the city for the ongoing support of that portion of
2 44 a system or service used to provide local exchange
2 45 services.
2 46 b. For purposes of this section,
2 47 "telecommunications system" means only that portion of
2 48 a system or facilities which is used to provide local
2 49 exchange services.
2 50 2. A city that owns or operates a municipal
3 1 utility providing local exchange services pursuant to
3 2 chapter 476 or the municipal utility shall do the
3 3 following:
3 4 a. Prepare and maintain records which record the
3 5 full cost accounting of providing local exchange
3 6 service. The records shall show the amount and source
3 7 of capital for initial construction or acquisition of
3 8 the local exchange system or facilities. This section
3 9 shall not prohibit a municipal utility from utilizing
3 10 capital from any lawful source, provided that the
3 11 reasonable cost of such capital is accounted for as a
3 12 cost of providing the service.
3 13 b. Adopt rates for the provision of local exchange
3 14 services that reflect the actual cost of providing the
3 15 local exchange service. However, this paragraph shall
3 16 not prohibit the municipal utility from establishing
3 17 market-based prices for competitive local exchange
3 18 services.
3 19 c. Be subject to all requirements of the city
3 20 which would apply to any other provider of local
3 21 exchange services in the same manner as such
3 22 requirements would apply to such other provider.
3 23 3. This section shall not prohibit the marketing
3 24 or bundling of other products or services, in addition
3 25 to local exchange services. However, a city shall
3 26 include on a billing statement sent to a person
3 27 receiving services from the city, a separate charge
3 28 for each service provided to the person. This
3 29 subsection does not prohibit the city from also
3 30 including on the billing statement a total amount to
3 31 be paid by the person.
3 32 Sec. 5. Section 427.1, subsection 2, Code 1999, is
3 33 amended to read as follows:
3 34 2. MUNICIPAL AND MILITARY PROPERTY. The property
3 35 of a county, township, city, school corporation, levee
3 36 district, drainage district or military company of the
3 37 state of Iowa, when devoted to public use and not held
3 38 for pecuniary profit, except property of a municipally
3 39 owned electric utility held under joint ownership and
3 40 property of an electric power facility financed under
3 41 chapter 28F which shall be subject to taxation under
3 42 chapter 437A and facilities of a municipal utility
3 43 that are used for the provision of local exchange
3 44 services pursuant to chapter 476, but only to the
3 45 extent such facilities are used to provide such
3 46 services, which shall be subject to taxation under
3 47 chapter 433, except that section 433.11 shall not
3 48 apply. The exemption for property owned by a city or
3 49 county also applies to property which is operated by a
3 50 city or county as a library, art gallery or museum,
4 1 conservatory, botanical garden or display, observatory
4 2 or science museum, or as a location for holding
4 3 athletic contests, sports or entertainment events,
4 4 expositions, meetings or conventions, or leased from
4 5 the city or county for any such purposes. Food and
4 6 beverages may be served at the events or locations
4 7 without affecting the exemptions, provided the city
4 8 has approved the serving of food and beverages on the
4 9 property if the property is owned by the city or the
4 10 county has approved the serving of food and beverages
4 11 on the property if the property is owned by the
4 12 county.
4 13 Sec. 6. Section 433.12, Code 1999, is amended to
4 14 read as follows:
4 15 433.12 "COMPANY" DEFINED.
4 16 "Company" as used in this chapter means any person,
4 17 copartnership, association, corporation, or syndicate
4 18 that owns or operates, or is engaged in operating, any
4 19 telegraph or telephone line, whether formed or
4 20 organized under the laws of this state or elsewhere.
4 21 "Company" includes a city that owns or operates a
4 22 municipal utility providing local exchange services
4 23 pursuant to chapter 476.
4 24 Sec. 7. Section 476.1B, subsection 3, Code 1999,
4 25 is amended to read as follows:
4 26 3. Unless otherwise specifically provided by
4 27 statute, a municipally owned utility providing local
4 28 exchange services is not subject to regulation by the
4 29 board under this chapter except for regulatory action
4 30 pertaining to the enforcement of sections 476.11,
4 31 476.29, 476.95, 476.96, 476.100, 476.101, and 476.102.
4 32 Sec. 8. EFFECTIVE DATE AND RETROACTIVE
4 33 APPLICABILITY. This Act, being deemed of immediate
4 34 importance, takes effect upon enactment, and applies
4 35 retroactively to July 1, 1993. City elections held
4 36 after June 30, 1993, for the purpose of voting on the
4 37 question of offering communications or
4 38 telecommunications systems or services offered
4 39 separately or combined with any system or service
4 40 specified under section 362.2, subsection 6, are
4 41 deemed to have been held in accordance with this Act
4 42 and are valid for the purpose of offering such systems
4 43 or services. Actions of the utilities board taken in
4 44 reliance on the results of the city elections held as
4 45 specified in this section are deemed to have been
4 46 taken in accordance with this Act and are valid.
4 47 Financing measures taken by a city prior to January 1,
4 48 1999, are not a violation of this Act.""
4 49
4 50
5 1
5 2 STEVE KING
5 3 SF 392.504 78
5 4 mj/jw
Text: S03161 Text: S03163 Text: S03100 - S03199 Text: S Index Bills and Amendments: General Index Bill History: General Index
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