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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