Text: SSB01036 Text: SSB01038 Text: SSB01000 - SSB01099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 388.9, subsection 2, Code 2003, is 1 2 amended to read as follows: 1 3 2. a. Notwithstanding section 22.2, subsection 1, public 1 4 records of a city utility or combined utility system, or a 1 5 city enterprise or combined city enterprise as defined in 1 6 section 384.80, which shall not be examined or copied as of 1 7 right, include proprietary information, records of customer 1 8 names and accounts, records associated with marketing or 1 9 pricing strategies, preliminary working papers,and 1 10 spreadsheet scenarios, and cost data,if the competitive 1 11 position of the city utility, combined utility system, city 1 12 enterprise, or combined city enterprise would be harmed by 1 13 public disclosure not required of a potential or actual 1 14 competitor, and if no public purpose would be served by such 1 15 disclosure. The city utility, combined utility system, city 1 16 enterprise, or combined city enterprise shall have the burden 1 17 of establishing that harm would result from public disclosure 1 18 and that no public purpose would be served by disclosure in 1 19 any court or administrative action regarding disclosure. 1 20 b. This subsection shall not apply to financial statements 1 21 or records, whether audited or unaudited, showing or relating 1 22 to the financial information as of any historical date or for 1 23 any historical period which are public records available under 1 24 the terms and conditions of chapter 22. 1 25 c. A public record not subject to examination or copying 1 26 under this subsection shall be available for public 1 27 examination and copying at that point in time when public 1 28 disclosure would no longer harm the competitive position of 1 29 the city utility, combined utility system, city enterprise, or 1 30 combined city enterprise. 1 31 Sec. 2. Section 388.10, Code 2003, is amended to read as 1 32 follows: 1 33 388.10 CITY OR MUNICIPAL UTILITY PROVIDINGLOCAL EXCHANGE1 34 TELECOMMUNICATIONS SERVICES. 1 35 1. a. A city providing or that owns or operates a 2 1 municipal utility providinglocal exchange services pursuant2 2to chapter 476any telecommunications service or the municipal 2 3 utility shall not do, directly or indirectly, any of the 2 4 following: 2 5 (1) Use general fund moneysfor the ongoing support or2 6subsidyor other moneys derived from tax revenues, directly or 2 7 indirectly, to finance or in any way to otherwise support 2 8 either of the following: 2 9 (a) The establishment, construction, reconstruction, 2 10 upgrade, maintenance, or operation of a telecommunications 2 11 system. 2 12 (b) The provision of any telecommunications service. 2 13 (2) Provide any city or utility facilities, equipment, or 2 14 services to provide a telecommunicationssystemssystem or 2 15servicesany telecommunications service at a cost for such 2 16 facilities, equipment, or serviceswhichthat is less than the 2 17 reasonable cost of providing such city facilities, equipment, 2 18 or services. 2 19 (3) Provide any other city service, other than a 2 20 communications service, to a telecommunications customer at a 2 21 cost which is less than would be paid by the same person 2 22 receiving such other city service if the person was not a 2 23 telecommunications customer. 2 24 (4) Use funds or revenue generated from electric, gas, 2 25 water, sewage, or garbage services provided by the cityfor2 26the ongoing support of that portion of a system or service2 27used to provide local exchange servicesor the utility, 2 28 directly or indirectly, to finance or in any way to otherwise 2 29 support either of the following: 2 30 (a) The establishment, construction, reconstruction, 2 31 upgrade, maintenance, or operation of any telecommunications 2 32 system. 2 33 (b) The provision of any telecommunications service. 2 34 b. For purposes of this section,"telecommunications2 35 unless the context otherwise requires: 3 1 (1) "Cost" of any facilities, equipment, services, or 3 2 other goods or services shall include all attributable cost 3 3 and expenses, whether direct or indirect, fixed or variable, 3 4 including without limitation, a fair and equitable allocation 3 5 of all of the following: 3 6 (a) Taxes. 3 7 (b) The costs of any necessary capital for the 3 8 construction or acquisition of the item or the facilities by 3 9 which the service is provided. 3 10 (c) Amortization of any capital that is required to be 3 11 repaid. 3 12 (d) Depreciation. 3 13 (e) Amortization of capitalized costs. 3 14 (2) "Support" means to provide financial support in any 3 15 form, whether temporary or permanent, including but not 3 16 limited to transfers of money or other assets, purchases of 3 17 securities, capital contributions or other investments, loans 3 18 or other extensions of credit, leases, payment of money, 3 19 guarantees, pledges, or hypothecations or property or 3 20 indemnities or other arrangements by which there is recourse 3 21 to the revenues or other assets of the city or municipal 3 22 utility other than any revenues derived solely from the 3 23 operations of a telecommunications service or assets of the 3 24 related telecommunications system. 3 25 (3) "Telecommunications system" meansonly that portion of3 26a system or facilities which is used to provide local exchange3 27servicesa system that provides any telecommunications 3 28 service. 3 29 (4) "Telecommunications service" means the provision of 3 30 any of the following services: 3 31 (a) Cable television service. 3 32 (b) Internet service. 3 33 (c) Local exchange telephone service. 3 34 (d) Long distance telephone service. 3 35 (e) Retail data transmission.. 4 1 2. A city providing or that owns or operates a municipal 4 2 utility providinglocal exchange services pursuant to chapter4 3476telecommunications service, whether or not pursuant to 4 4 chapter 476, or the municipal utility shall do the following: 4 5 a. Prepare and maintain records which record the full cost 4 6 accounting of providinglocal exchangetelecommunications 4 7 service. The records shall show the amount,andsource, and 4 8 cost of capital for initial construction or acquisition of the 4 9local exchangetelecommunications system or facilities. This 4 10 section shall not prohibit a municipal utility from utilizing 4 11 capital from any lawful source, provided that the reasonable 4 12 cost of such capital is accounted for as a cost of providing 4 13 the service and no violation of subsection 1, paragraph "a", 4 14 subparagraph (1) or (4), would result. 4 15 b. Adopt rates for the provision oflocal exchange4 16servicestelecommunications service that reflect the actual 4 17 cost of providingthe local exchangetelecommunications 4 18 service. However, this paragraph shall not prohibit the 4 19 municipal utility from establishing market-based prices for 4 20 competitivelocal exchange servicestelecommunications 4 21 services, provided that no violation of subsection 1, 4 22 paragraph "a", subparagraph (1) or (4), would result. 4 23 c. Be subject to all requirements of the citywhichthat 4 24 would apply to any other provider oflocal exchange4 25 telecommunications services in the same manner as such 4 26 requirements would apply to such other provider. 4 27 3. This section shall not prohibit the marketing or 4 28 bundling of other products or services,in addition to local4 29exchangeby the municipal utility as well as any 4 30 telecommunications services. However, a city shall include on 4 31 a billing statement sent to a person receiving services from 4 32 the city, a separate charge for each individual service 4 33 provided to the person, such as electricity, local exchange, 4 34 or internet access. This subsection does not prohibit the 4 35 city from also including on the billing statement a total 5 1 amount to be paid by the person. 5 2 Sec. 3. Section 427.1, subsection 2, Code 2003, is amended 5 3 to read as follows: 5 4 2. MUNICIPAL AND MILITARY PROPERTY. The property of a 5 5 county, township, city, school corporation, levee district, 5 6 drainage district, or the Iowa national guard, when devoted to 5 7 public use and not held for pecuniary profit, except property 5 8 of a municipally owned electric utility held under joint 5 9 ownership and property of an electric power facility financed 5 10 under chapter 28F or 476A that shall be subject to taxation 5 11 under chapter 437A and facilities of a municipal utility or a 5 12 city that are used for the provision oflocal exchange5 13services pursuant to chapter 476, but only to the extent such5 14facilities are used to provide such services,5 15 telecommunications services as defined in section 388.10 which 5 16 shall be subject to taxation under chapter 433, except that 5 17 section 433.11 shall not apply, and subject to taxation under 5 18 chapter 441, as applicable. The exemption for property owned 5 19 by a city or county also applies to property which is operated 5 20 by a city or county as a library, art gallery or museum, 5 21 conservatory, botanical garden or display, observatory or 5 22 science museum, or as a location for holding athletic 5 23 contests, sports or entertainment events, expositions, 5 24 meetings or conventions, or leased from the city or county for 5 25 any such purposes, or leased from the city or county by the 5 26 Iowa national guard or by a federal agency for the benefit of 5 27 the Iowa national guard when devoted for public use and not 5 28 for pecuniary profit. Food and beverages may be served at the 5 29 events or locations without affecting the exemptions, provided 5 30 the city has approved the serving of food and beverages on the 5 31 property if the property is owned by the city or the county 5 32 has approved the serving of food and beverages on the property 5 33 if the property is owned by the county. 5 34 EXPLANATION 5 35 This bill pertains to municipal utility systems, primarily 6 1 under Code chapter 388. 6 2 The bill amends Code section 388.9 to provide that certain 6 3 competitive business information of a city utility or city 6 4 enterprise may be withheld from public disclosure only after 6 5 the city utility or enterprise establishes the burden that 6 6 harm would result from public disclosure of the information, 6 7 and that no public purpose would be served by the disclosure. 6 8 Currently under the Code, no party bears the burden of proof. 6 9 The bill also amends Code section 388.10 to provide that a 6 10 city utility is prohibited from using general fund tax 6 11 revenues to maintain or operate telecommunications systems or 6 12 services, and from using revenues generated from a utility 6 13 service such as electric, gas, or water to pay for the 6 14 maintenance or operation of telecommunications service. The 6 15 bill also defines "cost", "support", "telecommunications 6 16 service", and "telecommunications system". 6 17 The bill also changes language that requires a city that 6 18 owns a municipal utility providing telecommunications services 6 19 to perform certain activities, consistent with other changes 6 20 in the bill. 6 21 The bill also amends Code section 427.1 to make similar 6 22 language changes, and adds a reference to assessment and 6 23 valuation of property pursuant to Code chapter 441. 6 24 LSB 1757SC 80 6 25 jj/sh/8
Text: SSB01036 Text: SSB01038 Text: SSB01000 - SSB01099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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