Senate Study Bill 3037

                                       SENATE FILE       
                                       BY  (PROPOSED COMMITTEE
                                            ON COMMERCE BILL BY
                                            CHAIRPERSON BEHN)


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to municipal utilities that provide
  2    telecommunications services, including the examination and
  3    confidentiality of certain accounting records and provision of
  4    property tax exemptions.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  6 TLSB 5605SC 80
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PAG LIN

  1  1    Section 1.  Section 11.6, subsection 1, paragraph a,
  1  2 unnumbered paragraph 1, Code 2003, is amended to read as
  1  3 follows:
  1  4    The financial condition and transactions of all cities and
  1  5 city offices, counties, county hospitals organized under
  1  6 chapters 347 and 347A, memorial hospitals organized under
  1  7 chapter 37, entities organized under chapter 28E having gross
  1  8 receipts in excess of one hundred thousand dollars in a fiscal
  1  9 year, merged areas, area education agencies, and all school
  1 10 offices in school districts, shall be examined at least once
  1 11 each year, except that cities having a population of seven
  1 12 hundred or more but less than two thousand shall be examined
  1 13 at least once every four years, and cities having a population
  1 14 of less than seven hundred may be examined as otherwise
  1 15 provided in this section.  The examination shall cover the
  1 16 fiscal year next preceding the year in which the audit is
  1 17 conducted.  The examination of school offices shall include an
  1 18 audit of all school funds, the certified annual financial
  1 19 report, and the certified enrollment as provided in section
  1 20 257.6.  Differences in certified enrollment shall be reported
  1 21 to the department of management.  The examination of a city
  1 22 utility shall include a report of the utility's compliance
  1 23 with section 388.10.
  1 24    Sec. 2.  Section 388.9, Code 2003, is amended by adding the
  1 25 following new subsection:
  1 26    NEW SUBSECTION.  3.  Notwithstanding subsections 1 and 2,
  1 27 if, pursuant to section 11.6, subsection 1, paragraph "a", the
  1 28 auditor of state or a certified public accountant reports that
  1 29 the city utility is not in compliance with section 388.10, all
  1 30 records submitted to the auditor of state or certified public
  1 31 accountant or required to be submitted pursuant to section
  1 32 388.10, subsection 2, paragraph "a", relating to compliance,
  1 33 shall be public records subject to chapter 22.
  1 34    Sec. 3.  Section 388.10, Code 2003, is amended to read as
  1 35 follows:
  2  1    388.10  MUNICIPAL UTILITY PROVIDING LOCAL EXCHANGE
  2  2 TELECOMMUNICATIONS SERVICES.
  2  3    1.  a.  A city that owns or operates a municipal utility
  2  4 providing local exchange telecommunications services pursuant
  2  5 to chapter 476 or the such a municipal utility shall not do,
  2  6 directly or indirectly, any of the following:
  2  7    (1)  Use general fund moneys for the ongoing support or
  2  8 subsidy of a telecommunications system.
  2  9    (2)  Provide any city facilities, equipment, or services to
  2 10 provide telecommunications systems or services at a cost for
  2 11 such facilities, equipment, or services which is less than the
  2 12 reasonable cost of providing such city facilities, equipment,
  2 13 or services.
  2 14    (3)  Provide any other city service, other than a
  2 15 communications service, to a telecommunications customer at a
  2 16 cost which is less than would be paid by the same person
  2 17 receiving such other city service if the person was not a
  2 18 telecommunications customer.
  2 19    (4)  Use funds or revenue generated from electric, gas,
  2 20 water, sewage, or garbage services provided by the city for
  2 21 the ongoing support of that portion of a system or service
  2 22 used to provide local exchange services any city
  2 23 telecommunications system.
  2 24    b.  For purposes of this section, "telecommunications:
  2 25    (1)  "Telecommunications system" means only that portion of
  2 26 a system or facilities which is used to provide local exchange
  2 27 that provides telecommunications services.
  2 28    (2)  "Telecommunications services" means the retail
  2 29 provision of any of the following services:
  2 30    (a)  Local exchange telephone services.
  2 31    (b)  Long distance telephone services.
  2 32    (c)  Internet access services.
  2 33    (d)  Cable television services.
  2 34    2.  A city that owns or operates a municipal utility
  2 35 providing local exchange telecommunications services pursuant
  3  1 to chapter 476 or the such a municipal utility shall do the
  3  2 following:
  3  3    a.  Prepare and maintain records which record the full cost
  3  4 accounting of providing local exchange service
  3  5 telecommunications services.  The records shall show the
  3  6 amount and source of capital for initial construction or
  3  7 acquisition of the local exchange telecommunications system or
  3  8 facilities.  The records shall be provided for any
  3  9 examinations or audits performed pursuant to section 11.6,
  3 10 subsection 1, paragraph "a".  This section shall not prohibit
  3 11 a municipal utility from utilizing capital from any lawful
  3 12 source, provided that the reasonable cost of such capital is
  3 13 accounted for as a cost of providing the service.
  3 14    b.  Adopt rates for the provision of local exchange
  3 15 telecommunications services that reflect the actual cost of
  3 16 providing the local exchange service telecommunications
  3 17 services.  However, this paragraph shall not prohibit the
  3 18 municipal utility from establishing market=based prices for
  3 19 competitive local exchange telecommunications services.
  3 20    c.  Be subject to all requirements of the city which would
  3 21 apply to any other provider of local exchange
  3 22 telecommunications services in the same manner as such
  3 23 requirements would apply to such other provider.
  3 24    3.  This section shall not prohibit the marketing or
  3 25 bundling of other products or services, in addition to local
  3 26 exchange telecommunications services.  However, a city shall
  3 27 include on a billing statement sent to a person receiving
  3 28 services from the city, a separate charge for each service
  3 29 provided to the person.  This subsection does not prohibit the
  3 30 city from also including on the billing statement a total
  3 31 amount to be paid by the person.
  3 32    4.  This section shall not apply to telecommunications
  3 33 services provided directly by a municipal airport.
  3 34    Sec. 4.  Section 427.1, subsection 2, Code Supplement 2003,
  3 35 is amended to read as follows:
  4  1    2.  MUNICIPAL AND MILITARY PROPERTY.  The property of a
  4  2 county, township, city, school corporation, levee district,
  4  3 drainage district, or the Iowa national guard, when devoted to
  4  4 public use and not held for pecuniary profit, except property
  4  5 of a municipally owned electric utility held under joint
  4  6 ownership and property of an electric power facility financed
  4  7 under chapter 28F or 476A that shall be subject to taxation
  4  8 under chapter 437A and facilities of a city or of a municipal
  4  9 utility that are used for the provision of local exchange
  4 10 telecommunications services pursuant to chapter 476, but only
  4 11 to the extent such facilities are used to provide such
  4 12 services, as defined in section 388.10, subsection 1, which
  4 13 shall be subject to taxation under chapter 433 and chapter
  4 14 441, except that where otherwise provided, and section 433.11
  4 15 shall not apply.  The exemption for property owned by a city
  4 16 or county also applies to property which is operated by a city
  4 17 or county as a library, art gallery or museum, conservatory,
  4 18 botanical garden or display, observatory or science museum, or
  4 19 as a location for holding athletic contests, sports or
  4 20 entertainment events, expositions, meetings or conventions, or
  4 21 leased from the city or county for any such purposes, or
  4 22 leased from the city or county by the Iowa national guard or
  4 23 by a federal agency for the benefit of the Iowa national guard
  4 24 when devoted for public use and not for pecuniary profit.
  4 25 Food and beverages may be served at the events or locations
  4 26 without affecting the exemptions, provided the city has
  4 27 approved the serving of food and beverages on the property if
  4 28 the property is owned by the city or the county has approved
  4 29 the serving of food and beverages on the property if the
  4 30 property is owned by the county.
  4 31                           EXPLANATION
  4 32    This bill relates to the regulation of municipal utilities
  4 33 and cities owning or operating municipal utilities that
  4 34 provide telecommunications services.
  4 35    The bill replaces the term "local exchange services" with
  5  1 "telecommunications services" where it appears in Code
  5  2 sections 388.10 and 427.1 and provides a definition for what
  5  3 services constitute "telecommunications services".  Municipal
  5  4 airports providing telecommunications services are exempted by
  5  5 the bill from compliance with Code section 388.10.
  5  6    The bill requires the examination of a city utility by the
  5  7 auditor of state or certified public accountant to include a
  5  8 report of whether the utility is in compliance with Code
  5  9 section 388.10.  In preparation for the examination, the
  5 10 utility must provide all accounting records to the auditor of
  5 11 state or certified public accountant.  If it is reported that
  5 12 the utility is not in compliance with Code section 388.10, all
  5 13 accounting records provided or which were required to have
  5 14 been provided become public records under Code chapter 22.
  5 15    The bill specifies that property of a city or municipal
  5 16 utility used to provide telecommunications services is not
  5 17 exempt from taxation under Code chapters 433 and 441.
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