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Senate File 2187

Partial Bill History

Bill Text

PAG LIN
  1  1                                            SENATE FILE 2187
  1  2 
  1  3                             AN ACT
  1  4 RELATING TO MUNICIPAL UTILITIES THAT PROVIDE LOCAL EXCHANGE
  1  5    SERVICES, INCLUDING THE CONFIDENTIALITY AND AUDITS OF CERTAIN
  1  6    ACCOUNTING RECORDS, THE ALLOCATION OF THE COST OF USE OF CITY
  1  7    RESOURCES, AND EXEMPTION FROM SALES AND USE TAXES.
  1  8 
  1  9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1 10 
  1 11    Section 1.  Section 11.6, subsection 1, paragraph a,
  1 12 unnumbered paragraph 1, Code 2003, is amended to read as
  1 13 follows:
  1 14    The financial condition and transactions of all cities and
  1 15 city offices, counties, county hospitals organized under
  1 16 chapters 347 and 347A, memorial hospitals organized under
  1 17 chapter 37, entities organized under chapter 28E having gross
  1 18 receipts in excess of one hundred thousand dollars in a fiscal
  1 19 year, merged areas, area education agencies, and all school
  1 20 offices in school districts, shall be examined at least once
  1 21 each year, except that cities having a population of seven
  1 22 hundred or more but less than two thousand shall be examined
  1 23 at least once every four years, and cities having a population
  1 24 of less than seven hundred may be examined as otherwise
  1 25 provided in this section.  The examination shall cover the
  1 26 fiscal year next preceding the year in which the audit is
  1 27 conducted.  The examination of school offices shall include an
  1 28 audit of all school funds, the certified annual financial
  1 29 report, and the certified enrollment as provided in section
  1 30 257.6.  Differences in certified enrollment shall be reported
  1 31 to the department of management.  The examination of a city
  1 32 that owns or operates a municipal utility providing local
  1 33 exchange services pursuant to chapter 476 shall include an
  1 34 audit of the city's compliance with section 388.10.
  1 35    Sec. 2.  Section 388.10, subsection 2, paragraph a, Code
  2  1 2003, is amended to read as follows:
  2  2    a.  Prepare and maintain records which record the full cost
  2  3 accounting of providing local exchange service.  The records
  2  4 shall show the amount and source of capital for initial
  2  5 construction or acquisition of the local exchange system or
  2  6 facilities.  These records shall be public records subject to
  2  7 the requirements of chapter 22.  Information in the records
  2  8 that is not subject to examination or copying as provided in
  2  9 section 388.9, subsection 2, may be expunged from the records
  2 10 prior to public disclosure.  This section shall not prohibit a
  2 11 municipal utility from utilizing capital from any lawful
  2 12 source, provided that the reasonable cost of such capital is
  2 13 accounted for as a cost of providing the service.  In
  2 14 accounting for the cost of use of any city employees,
  2 15 facilities, equipment, or services, a city or municipal
  2 16 utility may make a reasonable allocation of the cost of use of
  2 17 any city employees, facilities, equipment, or services used by
  2 18 a municipal utility providing telecommunications service based
  2 19 upon reasonable criteria for the distribution of the cost of
  2 20 use in any manner which is not inconsistent with generally
  2 21 accepted accounting principles.
  2 22    Sec. 3.  Section 388.10, subsection 2, Code 2003, is
  2 23 amended by adding the following new paragraph:
  2 24    NEW PARAGRAPH.  d.  Make an annual certification of
  2 25 compliance with this section.  For any year in which the city
  2 26 or municipal utility is not audited in accordance with section
  2 27 11.6, the city or municipal utility shall contract with or
  2 28 employ the auditor of state or a certified public accountant
  2 29 certified in the state of Iowa to attest to the certification.
  2 30 The attestation report shall be a public record for purposes
  2 31 of chapter 22.
  2 32    Sec. 4.  Section 423.3, subsection 31, paragraph a, as
  2 33 enacted by 2003 Iowa Acts, First Extraordinary Session,
  2 34 chapter 2, section 96, is amended to read as follows:
  2 35    a.  The sales price of goods, wares, or merchandise sold
  3  1 to, or of services furnished, and used by or in connection
  3  2 with the operation of any municipally owned public utility
  3  3 engaged in selling gas, electricity, heat, or pay television
  3  4 service, or communication service to the general public.  
  3  5 
  3  6 
  3  7                                                             
  3  8                               JEFFREY M. LAMBERTI
  3  9                               President of the Senate
  3 10 
  3 11 
  3 12                                                             
  3 13                               CHRISTOPHER C. RANTS
  3 14                               Speaker of the House
  3 15 
  3 16    I hereby certify that this bill originated in the Senate and
  3 17 is known as Senate File 2187, Eightieth General Assembly.
  3 18 
  3 19 
  3 20                                                             
  3 21                               MICHAEL E. MARSHALL
  3 22                               Secretary of the Senate
  3 23 Approved                , 2004
  3 24 
  3 25 
  3 26                                
  3 27 THOMAS J. VILSACK
  3 28 Governor
     

Text: SF02186                           Text: SF02188
Text: SF02100 - SF02199                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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