House Amendment 1589


PAG LIN




     1  1    Amend House File 861 as follows:
     1  2 #1.  By striking everything after the enacting
     1  3 clause and inserting the following:
     1  4    <Section 1.  Section 388.10, subsection 1,
     1  5 paragraph a, Code 2005, is amended by adding the
     1  6 following new subparagraph:
     1  7    NEW SUBPARAGRAPH. (5)  (a)  Allow
     1  8 telecommunications services to be provided through a
     1  9 telecommunications system owned or operated by a city,
     1 10 city utility, combined city utility, city enterprise,
     1 11 or combined city enterprise by a provider other than
     1 12 the city, city utility, combined city utility, city
     1 13 enterprise, or combined city enterprise, or a private
     1 14 investor providing or obligated to provide fifty
     1 15 percent or more of the telecommunications system's
     1 16 funding, either directly, through a joint venture, or
     1 17 otherwise, unless all of the following requirements
     1 18 are satisfied:
     1 19    (i)  The proposal is submitted to the voters of the
     1 20 city for approval pursuant to section 388.2.
     1 21    (ii)  At least thirty days prior to the election
     1 22 for voter approval of the proposal, a full cost
     1 23 benefit analysis is made available to the voters which
     1 24 includes but is not limited to the fully anticipated
     1 25 cost of the provision of such telecommunications
     1 26 services, the projected public debt, and an
     1 27 explanation of how the public debt will be financed.
     1 28    (iii)  At least twenty days prior to the election
     1 29 for voter approval of the proposal but after the cost
     1 30 benefit analysis is made available to the voters, a
     1 31 public hearing is held regarding the proposal.
     1 32    (iv)  Prior to the issuance of public debt for the
     1 33 proposal, a financing plan for the proposal has been
     1 34 approved by a majority of the voters of the city.
     1 35    (b)  This subparagraph shall not apply to a
     1 36 telecommunications system owned or operated by a city,
     1 37 city utility, combined city utility, city enterprise,
     1 38 or combined city enterprise approved by voters
     1 39 pursuant to section 388.2 on or before January 1,
     1 40 2005.
     1 41    Sec. 2.  EFFECTIVE DATE.  This Act, being deemed of
     1 42 immediate importance, takes effect upon enactment.>
     1 43 #2.  Title page, by striking lines 1 through 4 and
     1 44 inserting the following:  <An Act relating to the
     1 45 provision of telecommunications services through a
     1 46 telecommunications system owned or operated by a city,
     1 47 city utility, combined city utility, city enterprise,
     1 48 or combined city enterprise, and providing an
     1 49 effective date.>
     1 50
     2  1
     2  2                               
     2  3 STRUYK of Pottawattamie
     2  4
     2  5
     2  6                               
     2  7 KURTENBACH of Story
     2  8
     2  9
     2 10                               
     2 11 HUSER of Polk
     2 12
     2 13
     2 14                               
     2 15 WISE of Lee
     2 16
     2 17
     2 18                               
     2 19 QUIRK of Chickasaw
     2 20 HF 861.304 81
     2 21 kk/cf/4507

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