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 -1-