Senate File 2443 S-5090 Amend Senate File 2443 as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < Section 1. Section 388.9, subsection 1, Code 2026, is 4 amended to read as follows: 5 1. Notwithstanding section 21.5, subsection 1 , the 6 governing body of a city utility or combined utility system, 7 or a city enterprise or combined city enterprise as defined in 8 section 384.80 , by a vote of two-thirds of the members of the 9 body or all of the members present at the meeting, may hold 10 a closed session to discuss marketing and pricing strategies 11 or proprietary information if its the competitive position 12 of the city utility or combined utility system, other public 13 utilities, or a third party utility vendor would be harmed 14 by public disclosure and such disclosure is not required of 15 potential or actual competitors , and if no public purpose would 16 be served by such disclosure . The minutes and an audio or 17 audiovisual recording of a session closed under this subsection 18 shall be available for public examination at that point in time 19 when the public disclosure would no longer harm the utility’s 20 competitive position. 21 Sec. 2. Section 388.9, subsection 2, paragraph b, Code 2026, 22 is amended to read as follows: 23 b. For purposes of this subsection section , “proprietary 24 information” includes confidential information pursuant to 25 section 22.7; customer records that if disclosed would harm 26 the competitive position of a customer or an electric utility ; 27 or information required by a noncustomer contracting party to 28 be kept confidential pursuant to a nondisclosure agreement 29 which relates related to electric transmission planning 30 and construction, critical energy infrastructure, electric 31 generation capacity planning, energy markets or prices, or an 32 ownership interest or acquisition of an ownership interest in 33 an electric generating facility, including but not limited to 34 information required to be kept confidential pursuant to a 35 -1- SF 2443.3209 (1) 91 ms/js 1/ 2 #1.