Text: SSB03034 Text: SSB03036 Text: SSB03000 - SSB03099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 34A.7, subsection 2, Code 2003, is 1 2 amended to read as follows: 1 3 2. SURCHARGE COLLECTED BY PROVIDERS. The surcharge shall 1 4 be collected as part of the access line service provider's 1 5 periodic billing to a subscriber. In compensation for the 1 6 costs of billing and collection, the provider may retain one 1 7 percent of the gross surcharges collected.If the1 8compensation is insufficient to fully recover a provider's1 9costs for billing and collection of the surcharge, the1 10deficiency shall be included in the provider's costs for1 11ratemaking purposes to the extent it is reasonable and just1 12under section 476.6.The surcharge shall be remitted to the 1 13 E911 service operating authority for deposit into the E911 1 14 service fund quarterly by the provider. A provider is not 1 15 liable for an uncollected surcharge for which the provider has 1 16 billed a subscriber but not been paid. The surcharge shall 1 17 appear as a single line item on a subscriber's periodic 1 18 billing entitled, "E911 emergency telephone service 1 19 surcharge". The E911 service surcharge is not subject to 1 20 sales or use tax. 1 21 Sec. 2. Section 476.1, Code 2003, is amended to read as 1 22 follows: 1 23 476.1 APPLICABILITY OF AUTHORITY. 1 24 1. The utilities board within the utilities division of 1 25 the department of commerce shall regulate the rates and 1 26 services of public utilities to the extent and in the manner 1 27hereinafterprovided in this chapter. 1 28 2. As used in this chapter, "board": 1 29 a. "Board" or "utilities board" means the utilities board 1 30 within the utilities division of the department of commerce. 1 31 b.As used in this chapter, "public"Public utility"shall1 32includeincludes any person, partnership, business 1 33 association, or corporation, domestic or foreign, owning or 1 34 operating any facilities for furnishing any of the following: 1 351.(1)Furnishing gasGas by piped distribution system or 2 1 electricity to the public for compensation. 2 22.(2)Furnishing communicationsCommunications services 2 3 to the public for compensation. 2 43.(3)Furnishing waterWater by piped distribution system 2 5 to the public for compensation. 2 6 3. The board shall have rate regulation jurisdiction over 2 7 the provision of wholesale telephone services provided by 2 8 telephone companies. The board shall not have direct or 2 9 indirect rate regulation jurisdiction over the provision of 2 10 retail telephone services provided by telephone companies. 2 11 4. Mutual telephone companies in which at least fifty 2 12 percent of the users are owners, co-operative telephone 2 13 corporations or associations, telephone companies having less 2 14 than fifteen thousand customers and less than fifteen thousand 2 15 access lines, municipally owned utilities, and unincorporated 2 16 villageswhichthat own their own distribution systems are not 2 17 subject to the rate regulation provided for in this chapter. 2 18 5. This chapter does not apply to waterworks having less 2 19 than two thousand customers, municipally owned waterworks, 2 20 joint water utilities established pursuant to chapter 389, 2 21 rural water districts incorporated and organized pursuant to 2 22 chapters 357A and 504A, cooperative water associations 2 23 incorporated and organized pursuant to chapter 499, or to a 2 24 person furnishing electricity to five or fewer customers 2 25 either by secondary line or from an alternate energy 2 26 production facility or small hydro facility, from electricity 2 27 that is produced primarily for the person's own use. 2 28 6. A telephone company otherwise exempt from rate 2 29 regulation and having telephone exchange facilitieswhichthat 2 30 cross state lines may elect, in a writing filed with the 2 31 board, to have its rates regulated by the board. When a 2 32 written election has been filed with the board, the board 2 33 shall assume rate regulation jurisdiction over the company. 2 34 7. The jurisdiction of the board under this chapter shall 2 35 include efforts designed to promote the use of energy 3 1 efficiency strategies by rate or service-regulated gas and 3 2 electric utilities. 3 3 Sec. 3. Section 476.3, subsection 1, Code 2003, is amended 3 4 to read as follows: 3 5 1. A public utility shall furnish reasonably adequate 3 6 service at rates and charges in accordance with tariffs filed 3 7 with the board. 3 8 1A. a.When thereIf a written complaint is filed with 3 9 the board by any person or body politic, or filed by the board 3 10 upon its own motion,a written complaintrequesting the board 3 11 to determine the reasonableness of the regulated rates, 3 12 charges, schedules, service, regulations, or anything done or 3 13 omitted to be done by a public utility subject to this chapter 3 14 in contravention of this chapter, the written complaint shall 3 15 be forwarded by the board to the public utility, which shall 3 16 be called upon to satisfy the complaint or to answer it in 3 17 writing within a reasonable time to be specified by the board. 3 18 b. Copies of the written complaint forwarded by the board 3 19 to the public utility and copies of all correspondence from 3 20 the public utility in response to the complaint shall be 3 21 provided by the board in an expeditious manner to the consumer 3 22 advocate. 3 23 c. If the board determines the public utility's response 3 24 is inadequate and there appears to be any reasonable ground 3 25 for investigating the complaint, the board shall promptly 3 26 initiate a formal proceeding. 3 27 d. If the consumer advocate determines the public 3 28 utility's response to the complaint is inadequate, the 3 29 consumer advocate may file a petition with the board which 3 30 shall promptly initiate a formal proceeding if the board 3 31 determines that there is any reasonable ground for 3 32 investigating the complaint. 3 33 e. The complainant or the public utility also may petition 3 34 the board to initiate a formal proceeding which petition shall 3 35 be granted if the board determines that there is any 4 1 reasonable ground for investigating the complaint. 4 2 f. The formal proceeding may be initiated at any time by 4 3 the board on its own motion. 4 4 g. If a proceeding is initiated upon petition filed by the 4 5 consumer advocate, complainant, or the public utility, or upon 4 6 the board's own motion, the board shall set the case for 4 7 hearing and give notice as it deems appropriate. 4 8 h.WhenIf the board, after a hearing held after 4 9 reasonable notice, finds a public utility's rates, charges, 4 10 schedules, service, or regulations are unjust, unreasonable, 4 11 discriminatory, or otherwise in violation of any provision of 4 12 law, the board shall determine just, reasonable, and 4 13 nondiscriminatory rates, charges, schedules, service, or 4 14 regulations to be observed and enforced. 4 15 Sec. 4. Section 476.3, subsection 2, unnumbered paragraph 4 16 2, Code 2003, is amended by striking the unnumbered paragraph. 4 17 Sec. 5. Section 476.4, Code 2003, is amended to read as 4 18 follows: 4 19 476.4 TARIFFS FILED. 4 20 1. a. Every public utility shall file with the board 4 21 tariffs showing the rates and charges for its public utility 4 22 services and the rules and regulations under which such 4 23 serviceswereare furnished, on April 1, 1963, which. 4 24 b. Regulated rates and charges shall be subject to 4 25 investigation by the board as provided in section 476.3, and 4 26 upon such investigation the burden of establishing the 4 27 reasonableness of such rates and charges shall be upon the 4 28 public utilityfiling the same.These filings4 29 2. a. Filings shall be made under such rules as the board 4 30 may prescribe within such time and in such form as the board 4 31 may designate. 4 32 b. In prescribing rules and regulations with respect to 4 33 the form of tariffs, the board shall, in the case of public 4 34 utilities subject to regulation by any federal agency, give 4 35 due regard to any corresponding rules and regulations of such 5 1 federal agency, to the end that unnecessary duplication of 5 2 effort and expense may be avoided so far as reasonably 5 3 possible. 5 4 3. Each public utility shall keep copies of its tariffs 5 5 open to public inspection under such rules as the board may 5 6 prescribe. 5 7Every rate, charge, rule and regulation contained in any5 8filing made with the commission on or prior to July 4, 1963,5 9shall be effective as of such date, subject, however, to5 10investigation as herein provided. If any such filing is made5 11prior to the time the commission prescribes rules as5 12aforesaid, and if such filing does not comply as to form or5 13substance with such rules, then the public utility which filed5 14the same shall within a reasonable time after the adoption of5 15such rules make a new filing or filings complying with such5 16rules, which new filing or filings shall be deemed effective5 17as of July 4, 1963.5 18 Sec. 6. Section 476.4A, unnumbered paragraph 3, Code 2003, 5 19 is amended to read as follows: 5 20 The board shall consider the revenues, expenses and 5 21 investment related to telephone utility services offered 5 22 without a filed tariff in proceedings undersectionsections 5 23 476.3, 476.6and 476.7. 5 24 Sec. 7. Section 476.6, subsection 1, Code Supplement 2003, 5 25 is amended to read as follows: 5 26 1. FILING WITH BOARD. A public utility subject to rate 5 27 regulation shall not make effective a new or changed rate, 5 28 charge, schedule or regulation until the rate, charge, 5 29 schedule, or regulation has been approved by the board, except 5 30 as provided in subsections 8 and 10. A subscriber of a 5 31 telephone exchange or service, who is declared to be legally 5 32 blind under section 422.12, subsection 1, paragraph "e", is 5 33 exempt from any charges for telephone directory assistance 5 34 that may be approved by the board. 5 35 Sec. 8. Section 476.6, subsection 9, Code Supplement 2003, 6 1 is amended by striking the subsection. 6 2 Sec. 9. Section 476.29, subsection 3, Code 2003, is 6 3 amended to read as follows: 6 4 3. A certificate is transferable, subject to approval of 6 5 the board pursuant to section 476.20, subsection 1, and for6 6purposes of a rate-regulated local exchange utility shall be6 7treated by the board in the same manner as a reorganization6 8pursuant to sections 476.76 and 476.77. 6 9 Sec. 10. Section 476.72, subsections 4 and 5, Code 2003, 6 10 are amended to read as follows: 6 11 4. "Public utility" includes only gas or electric rate- 6 12 regulated public utilitiesand rate-regulated telephone6 13utilities providing local exchange telecommunication service. 6 14 5. "Utility business" means the generation or transmission 6 15 of electricity or furnishing of gas or furnishing electricity 6 16or furnishing rate-regulated communications services to the6 17public for compensation. 6 18 Sec. 11. Section 476.96, unnumbered paragraph 1, Code 6 19 2003, is amended to read as follows: 6 20 As used in section 476.95, this section, and sections 6 21476.97476.100 through 476.102, unless the context otherwise 6 22 requires: 6 23 Sec. 12. Section 476.97, Code Supplement 2003, is 6 24 repealed. 6 25 Sec. 13. Sections 476.98 and 476.99, Code 2003, are 6 26 repealed. 6 27 EXPLANATION 6 28 This bill modifies several provisions in Code chapter 476, 6 29 regarding utilities, specifically as it relates to the 6 30 regulation of telephone service rates by the utilities board 6 31 of the department of commerce. 6 32 The bill modifies Code section 476.1 to provide that the 6 33 utilities board has jurisdiction to set rates for wholesale, 6 34 but not retail, telephone service. The bill also divides the 6 35 existing Code language into subsections. 7 1 The bill modifies Code sections 476.3 and 476.4 to provide 7 2 that the procedure provided for determining the reasonableness 7 3 of rates applies to only regulated rates. The bill also 7 4 divides the existing Code language into paragraphs. 7 5 Code section 476.6 is amended to provide that a blind 7 6 customer is exempt from directory assistance charges and 7 7 strikes language related to the rate regulation of telephone 7 8 services. 7 9 Code sections 34A.7, 476.4A, 476.29, 476.72, and 476.96 are 7 10 amended to delete a reference to rate-regulated telephone 7 11 utilities. 7 12 Code sections 476.97, 476.98, and 476.99, dealing with rate 7 13 regulation, are repealed. 7 14 LSB 5437SC 80 7 15 kk/sh/8
Text: SSB03034 Text: SSB03036 Text: SSB03000 - SSB03099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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