House File 861 - Reprinted



                                       HOUSE FILE       
                                       BY  COMMITTEE ON WAYS AND MEANS

                                       (SUCCESSOR TO HSB 182)


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

                                      A BILL FOR

  1 An Act relating to the provision of telecommunications services
  2    through a telecommunications system owned or operated by a
  3    city, city utility, combined city utility, city enterprise, or
  4    combined city enterprise, and providing an effective date.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  6 HF 861
  7 kk/es/25

PAG LIN



  1  1    Section 1.  Section 388.10, subsection 1, paragraph a, Code
  1  2 2005, is amended by adding the following new subparagraph:
  1  3    NEW SUBPARAGRAPH. (5)  (a)  Allow telecommunications
  1  4 services to be provided through a telecommunications system
  1  5 owned or operated by a city, city utility, combined city
  1  6 utility, city enterprise, or combined city enterprise by a
  1  7 provider other than the city, city utility, combined city
  1  8 utility, city enterprise, or combined city enterprise, or a
  1  9 private investor providing or obligated to provide fifty
  1 10 percent or more of the telecommunications system's funding,
  1 11 either directly, through a joint venture, or otherwise, unless
  1 12 all of the following requirements are satisfied:
  1 13    (i)  The proposal is submitted to the voters of the city
  1 14 for approval pursuant to section 388.2.
  1 15    (ii)  At least thirty days prior to the election for voter
  1 16 approval of the proposal, a full cost benefit analysis is made
  1 17 available to the voters which includes but is not limited to
  1 18 the fully anticipated cost of the provision of such
  1 19 telecommunications services, the projected public debt, and an
  1 20 explanation of how the public debt will be financed.
  1 21    (iii)  At least twenty days prior to the election for voter
  1 22 approval of the proposal but after the cost benefit analysis
  1 23 is made available to the voters, a public hearing is held
  1 24 regarding the proposal.
  1 25    (iv)  Prior to the issuance of public debt for the
  1 26 proposal, a financing plan for the proposal has been approved
  1 27 by a majority of the voters of the city.
  1 28    (b)  This subparagraph shall not apply to a
  1 29 telecommunications system owned or operated by a city, city
  1 30 utility, combined city utility, city enterprise, or combined
  1 31 city enterprise approved by voters pursuant to section 388.2
  1 32 on or before January 1, 2005.
  1 33    Sec. 2.  EFFECTIVE DATE.  This Act, being deemed of
  1 34 immediate importance, takes effect upon enactment.
  1 35 HF 861
  2  1 kk/es/25