FORTY-NINTH LEGISLATURESB 470/a

FIRST SESSION, 2009

March 5, 2009

Madam President:

    Your PUBLIC AFFAIRS COMMITTEE, to whom has been referred

SENATE BILL 470, as amended

has had it under consideration and reports same with recommendation that it DO PASS, amended as follows:

    1. Strike Senate Corporations and Transportation Committee Amendment 2.

    2. On page 1, line 12, strike "TELECOMMUNICATION COMPANY CUSTOMERS" and insert in lieu thereof "THOSE REQUESTING THE RELOCATION".

    3. On page 2, line 15, after "from", insert "those requesting the alteration, change, moving or relocation of infrastructure or facilities".

    4. On page 2, strike line 16 in its entirety and strike line 17 through the first comma.

    5. On page 2, line 19, after the period, strike "The", strike lines 20 through 22 in their entirety and insert:

    "Thirty days prior to assessing retail customers a fee to recover actual costs incurred for the alteration, change, moving or relocation of infrastructure or facilities requested by the state or a political subdivision, a telecommunications company shall notify the commission in writing of the imposition of the fee that the company intends to impose on the company's retail customers and shall show the fee as a separate line item on the customers' bills.".

    6. On page 2, line 25, strike "fee" and insert in lieu thereof "charge".

    7. On page 3, line 3, after "from", strike the remainder of the line.

    8. On page 3, line 4, strike "customers" and insert in lieu thereof "those requesting the alteration, change, moving or relocation of infrastructure or facilities".

    9. On page 3, line 8, strike "fee imposed" and insert in lieu thereof "charge permitted".

    10. On page 3, between lines 9 and 10, insert a new subsection to read:

         "D. To the extent that the federal government makes funds available for paying the cost of altering, changing, moving or relocating infrastructure or facilities, the department of transportation shall use those funds for that purpose as necessary to pay the actual costs incurred for such alterations, changes, moving or relocation of infrastructure or facilities.".

                               Respectfully submitted,

                               __________________________________

                               Dede Feldman, Chairman

Adopted_______________________ Not Adopted_______________________

          (Chief Clerk) (Chief Clerk)

                  Date ________________________

The roll call vote was 7 For 0 Against

Yes:     7

No:      0

Excused: Feldman, Munoz

Absent:  None

SB0470PA1                                                  .178275.2