1 | 1 | | |
---|
2 | 2 | | Introduced Version |
---|
3 | 3 | | SENATE BILL No. 218 |
---|
4 | 4 | | _____ |
---|
5 | 5 | | DIGEST OF INTRODUCED BILL |
---|
6 | 6 | | Citations Affected: IC 3-5-2-48; IC 3-8; IC 3-9-2-14; IC 3-10-2-17; |
---|
7 | 7 | | IC 3-11-2-12; IC 3-13-4; IC 8-1; IC 10-19-8.1-3. |
---|
8 | 8 | | Synopsis: Election of two IURC members. Increases the membership |
---|
9 | 9 | | of the Indiana utility regulatory commission (IURC) from five members |
---|
10 | 10 | | to seven members. Requires the two new commission members to be |
---|
11 | 11 | | elected on a nonpartisan basis starting in the 2028 general election. |
---|
12 | 12 | | Prohibits a candidate for the office of the Indiana utility regulatory |
---|
13 | 13 | | commissioner from: (1) having an official or professional relationship |
---|
14 | 14 | | or connection with; or (2) soliciting or accepting campaign |
---|
15 | 15 | | contributions from; any public utility operating in Indiana. Provides |
---|
16 | 16 | | that the elected commission members shall serve a term of four years |
---|
17 | 17 | | and establishes a procedure to appoint a member if there is a vacancy |
---|
18 | 18 | | of an elected member. Requires references to the IURC members to |
---|
19 | 19 | | appoint a chair to the IURC annually. Changes "chairman" to "chair". |
---|
20 | 20 | | Makes conforming changes. |
---|
21 | 21 | | Effective: July 1, 2024. |
---|
22 | 22 | | Ford J.D. |
---|
23 | 23 | | January 9, 2024, read first time and referred to Committee on Utilities. |
---|
24 | 24 | | 2024 IN 218—LS 6508/DI 149 Introduced |
---|
25 | 25 | | Second Regular Session of the 123rd General Assembly (2024) |
---|
26 | 26 | | PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana |
---|
27 | 27 | | Constitution) is being amended, the text of the existing provision will appear in this style type, |
---|
28 | 28 | | additions will appear in this style type, and deletions will appear in this style type. |
---|
29 | 29 | | Additions: Whenever a new statutory provision is being enacted (or a new constitutional |
---|
30 | 30 | | provision adopted), the text of the new provision will appear in this style type. Also, the |
---|
31 | 31 | | word NEW will appear in that style type in the introductory clause of each SECTION that adds |
---|
32 | 32 | | a new provision to the Indiana Code or the Indiana Constitution. |
---|
33 | 33 | | Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts |
---|
34 | 34 | | between statutes enacted by the 2023 Regular Session of the General Assembly. |
---|
35 | 35 | | SENATE BILL No. 218 |
---|
36 | 36 | | A BILL FOR AN ACT to amend the Indiana Code concerning |
---|
37 | 37 | | elections. |
---|
38 | 38 | | Be it enacted by the General Assembly of the State of Indiana: |
---|
39 | 39 | | 1 SECTION 1. IC 3-5-2-48, AS AMENDED BY P.L.43-2021, |
---|
40 | 40 | | 2 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
41 | 41 | | 3 JULY 1, 2024]: Sec. 48. "State office" refers to the governor, lieutenant |
---|
42 | 42 | | 4 governor, secretary of state, auditor of state, treasurer of state, attorney |
---|
43 | 43 | | 5 general, justice of the supreme court, judge of the court of appeals, and |
---|
44 | 44 | | 6 judge of the tax court, and Indiana utility regulatory commissioner. |
---|
45 | 45 | | 7 SECTION 2. IC 3-8-1-35 IS ADDED TO THE INDIANA CODE |
---|
46 | 46 | | 8 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
---|
47 | 47 | | 9 1, 2024]: Sec. 35. A candidate for the office of the Indiana utility |
---|
48 | 48 | | 10 regulatory commissioner: |
---|
49 | 49 | | 11 (1) must have resided in Indiana for at least one (1) year |
---|
50 | 50 | | 12 before the election; and |
---|
51 | 51 | | 13 (2) may not have any official or professional relationship or |
---|
52 | 52 | | 14 connection with, or hold any stock or securities or have any |
---|
53 | 53 | | 15 pecuniary interest in, any public utility operating in Indiana. |
---|
54 | 54 | | 16 SECTION 3. IC 3-8-6-1, AS AMENDED BY P.L.194-2013, |
---|
55 | 55 | | 17 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
56 | 56 | | 2024 IN 218—LS 6508/DI 149 2 |
---|
57 | 57 | | 1 JULY 1, 2024]: Sec. 1. (a) This chapter applies to a candidate for |
---|
58 | 58 | | 2 nomination to an elected office who: |
---|
59 | 59 | | 3 (1) is an independent candidate; or |
---|
60 | 60 | | 4 (2) represents a political party not qualified to nominate |
---|
61 | 61 | | 5 candidates in a primary or by convention; or |
---|
62 | 62 | | 6 (3) is a candidate for the office of the Indiana utility |
---|
63 | 63 | | 7 regulatory commissioner. |
---|
64 | 64 | | 8 (b) This chapter does not apply to a candidate for a school board |
---|
65 | 65 | | 9 office. |
---|
66 | 66 | | 10 SECTION 4. IC 3-9-2-14 IS ADDED TO THE INDIANA CODE |
---|
67 | 67 | | 11 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
---|
68 | 68 | | 12 1, 2024]: Sec. 14. A candidate for the office of the Indiana utility |
---|
69 | 69 | | 13 regulatory commissioner may not, directly or indirectly: |
---|
70 | 70 | | 14 (1) solicit; or |
---|
71 | 71 | | 15 (2) accept; |
---|
72 | 72 | | 16 campaign contributions from any public utility operating in |
---|
73 | 73 | | 17 Indiana. |
---|
74 | 74 | | 18 SECTION 5. IC 3-10-2-17 IS ADDED TO THE INDIANA CODE |
---|
75 | 75 | | 19 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
---|
76 | 76 | | 20 1, 2024]: Sec. 17. The members of the Indiana utility regulatory |
---|
77 | 77 | | 21 commission shall be elected at the general election before their |
---|
78 | 78 | | 22 term of office expires and every four (4) years thereafter. |
---|
79 | 79 | | 23 SECTION 6. IC 3-11-2-12, AS AMENDED BY P.L.227-2023, |
---|
80 | 80 | | 24 SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
81 | 81 | | 25 JULY 1, 2024]: Sec. 12. (a) The following offices shall be placed on |
---|
82 | 82 | | 26 the general election ballot in the following order after the public |
---|
83 | 83 | | 27 questions described in section 10(a) of this chapter: |
---|
84 | 84 | | 28 (1) Federal and state offices: |
---|
85 | 85 | | 29 (A) President and Vice President of the United States. |
---|
86 | 86 | | 30 (B) United States Senator. |
---|
87 | 87 | | 31 (C) Governor and lieutenant governor. |
---|
88 | 88 | | 32 (D) Secretary of state. |
---|
89 | 89 | | 33 (E) Auditor of state. |
---|
90 | 90 | | 34 (F) Treasurer of state. |
---|
91 | 91 | | 35 (G) Attorney general. |
---|
92 | 92 | | 36 (H) United States Representative. If an election to fill a |
---|
93 | 93 | | 37 vacancy in an office of United States Representative under |
---|
94 | 94 | | 38 IC 3-10-8 is held on the same day as the election for the next |
---|
95 | 95 | | 39 term of the same office, the ballot shall list the election to fill |
---|
96 | 96 | | 40 the vacancy in the office immediately after the election for the |
---|
97 | 97 | | 41 next term of the office. |
---|
98 | 98 | | 42 (I) Indiana utility regulatory commissioner. |
---|
99 | 99 | | 2024 IN 218—LS 6508/DI 149 3 |
---|
100 | 100 | | 1 (2) Legislative offices: |
---|
101 | 101 | | 2 (A) State senator. |
---|
102 | 102 | | 3 (B) State representative. |
---|
103 | 103 | | 4 (3) Circuit offices and county judicial offices: |
---|
104 | 104 | | 5 (A) Judge of the circuit court, and unless otherwise specified |
---|
105 | 105 | | 6 under IC 33, with each division separate if there is more than |
---|
106 | 106 | | 7 one (1) judge of the circuit court. |
---|
107 | 107 | | 8 (B) Judge of the superior court, and unless otherwise specified |
---|
108 | 108 | | 9 under IC 33, with each division separate if there is more than |
---|
109 | 109 | | 10 one (1) judge of the superior court. |
---|
110 | 110 | | 11 (C) Judge of the probate court. |
---|
111 | 111 | | 12 (D) Prosecuting attorney. |
---|
112 | 112 | | 13 (E) Clerk of the circuit court. |
---|
113 | 113 | | 14 (4) County offices: |
---|
114 | 114 | | 15 (A) County auditor. |
---|
115 | 115 | | 16 (B) County recorder. |
---|
116 | 116 | | 17 (C) County treasurer. |
---|
117 | 117 | | 18 (D) County sheriff. |
---|
118 | 118 | | 19 (E) County coroner. |
---|
119 | 119 | | 20 (F) County surveyor. |
---|
120 | 120 | | 21 (G) County assessor. |
---|
121 | 121 | | 22 (H) County commissioner. |
---|
122 | 122 | | 23 (I) County council member. |
---|
123 | 123 | | 24 (5) Township offices: |
---|
124 | 124 | | 25 (A) Township assessor (only in a township referred to in |
---|
125 | 125 | | 26 IC 36-6-5-1(d)). |
---|
126 | 126 | | 27 (B) Township trustee. |
---|
127 | 127 | | 28 (C) Township board member. |
---|
128 | 128 | | 29 (D) Judge of the small claims court. |
---|
129 | 129 | | 30 (E) Constable of the small claims court. |
---|
130 | 130 | | 31 (6) City offices: |
---|
131 | 131 | | 32 (A) Mayor. |
---|
132 | 132 | | 33 (B) Clerk or clerk-treasurer. |
---|
133 | 133 | | 34 (C) Judge of the city court. |
---|
134 | 134 | | 35 (D) City-county council member or common council member. |
---|
135 | 135 | | 36 (7) Town offices: |
---|
136 | 136 | | 37 (A) Clerk-treasurer. |
---|
137 | 137 | | 38 (B) Judge of the town court. |
---|
138 | 138 | | 39 (C) Town council member. |
---|
139 | 139 | | 40 (b) If a major political party does not nominate a candidate for an |
---|
140 | 140 | | 41 office on a general, municipal, or special election ballot then the county |
---|
141 | 141 | | 42 election board may print "NO CANDIDATE FILED" in the place on |
---|
142 | 142 | | 2024 IN 218—LS 6508/DI 149 4 |
---|
143 | 143 | | 1 the ballot where the name of the major political party's nominee would |
---|
144 | 144 | | 2 be printed. |
---|
145 | 145 | | 3 SECTION 7. IC 3-13-4-3, AS AMENDED BY P.L.225-2011, |
---|
146 | 146 | | 4 SECTION 84, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
147 | 147 | | 5 JULY 1, 2024]: Sec. 3. (a) This section applies to a vacancy that occurs |
---|
148 | 148 | | 6 in a state office other than governor, lieutenant governor, or a judicial |
---|
149 | 149 | | 7 office, or Indiana utility regulatory commissioner. |
---|
150 | 150 | | 8 (b) If a state officer wants to resign from office, the state officer |
---|
151 | 151 | | 9 must resign as provided in IC 5-8-3.5. |
---|
152 | 152 | | 10 (c) A vacancy that occurs in a state office because of the death of |
---|
153 | 153 | | 11 the state officer may be certified to the governor under IC 5-8-6. The |
---|
154 | 154 | | 12 governor may not fill a vacancy as provided by law until the governor |
---|
155 | 155 | | 13 receives notice of the death under IC 5-8-6. |
---|
156 | 156 | | 14 (d) A vacancy that occurs in a state office other than by resignation |
---|
157 | 157 | | 15 or death shall be certified to the governor by the circuit court clerk of |
---|
158 | 158 | | 16 the county in which the officer resided. |
---|
159 | 159 | | 17 (e) The governor shall fill a vacancy in a state office by appointment |
---|
160 | 160 | | 18 of a person of the same political party as the officer who held the |
---|
161 | 161 | | 19 vacated office. |
---|
162 | 162 | | 20 (f) The person who is appointed by the governor holds office for the |
---|
163 | 163 | | 21 remainder of the unexpired term and until a successor is elected and |
---|
164 | 164 | | 22 qualified. |
---|
165 | 165 | | 23 SECTION 8. IC 3-13-4-4 IS ADDED TO THE INDIANA CODE |
---|
166 | 166 | | 24 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
---|
167 | 167 | | 25 1, 2024]: Sec. 4. A vacancy of an elected member on the Indiana |
---|
168 | 168 | | 26 utility regulatory commission shall be filled by appointment by the |
---|
169 | 169 | | 27 remaining commissioners as soon as practicable after the vacancy |
---|
170 | 170 | | 28 occurs. The appointee holds office for the remainder of the |
---|
171 | 171 | | 29 unexpired term and until a successor is elected and qualified. The |
---|
172 | 172 | | 30 commission shall adopt rules under IC 4-22-2 to implement this |
---|
173 | 173 | | 31 section. |
---|
174 | 174 | | 32 SECTION 9. IC 8-1-1-2, AS AMENDED BY P.L.136-2018, |
---|
175 | 175 | | 33 SECTION 42, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
176 | 176 | | 34 JULY 1, 2024]: Sec. 2. (a) There is created the Indiana utility |
---|
177 | 177 | | 35 regulatory commission. which shall consist of The commission has |
---|
178 | 178 | | 36 the following membership: |
---|
179 | 179 | | 37 (1) Five (5) members appointed by the governor who meet the |
---|
180 | 180 | | 38 following requirements: |
---|
181 | 181 | | 39 (A) At least one (1) of whom member shall be an attorney |
---|
182 | 182 | | 40 qualified to practice law before the supreme court of Indiana. |
---|
183 | 183 | | 41 and |
---|
184 | 184 | | 42 (B) Not more than three (3) of whom members may belong to |
---|
185 | 185 | | 2024 IN 218—LS 6508/DI 149 5 |
---|
186 | 186 | | 1 the same political party. |
---|
187 | 187 | | 2 (b) The members of the commission appointed under this |
---|
188 | 188 | | 3 subdivision, and all vacancies occurring on the commission of an |
---|
189 | 189 | | 4 appointed member, shall be appointed by the governor from |
---|
190 | 190 | | 5 among persons nominated by the nominating committee in |
---|
191 | 191 | | 6 accordance with IC 8-1-1.5. |
---|
192 | 192 | | 7 (2) Two (2) members elected under section 2.5 of this chapter. |
---|
193 | 193 | | 8 A vacancy of an elected member shall be filled in accordance |
---|
194 | 194 | | 9 with IC 3-13-4-4. |
---|
195 | 195 | | 10 (c) (b) The members A member appointed to the commission |
---|
196 | 196 | | 11 under subsection (a)(1) may be removed at any time by the governor |
---|
197 | 197 | | 12 for cause. |
---|
198 | 198 | | 13 (d) (c) The governor members of the commission shall annually |
---|
199 | 199 | | 14 appoint one (1) member as chairman. chair. No member shall serve |
---|
200 | 200 | | 15 as chair more than one (1) time during a four (4) year term. |
---|
201 | 201 | | 16 (e) (d) The members of the commission shall be appointed or |
---|
202 | 202 | | 17 elected for a term of four (4) years, except when a member is appointed |
---|
203 | 203 | | 18 to fill a vacancy, in which case such appointment shall be for such |
---|
204 | 204 | | 19 unexpired term only. All members of said the commission shall serve |
---|
205 | 205 | | 20 as such until their successors are duly appointed and qualified, and |
---|
206 | 206 | | 21 while so serving shall devote full time to the duties of the commission |
---|
207 | 207 | | 22 and shall not be actively engaged in any other occupation, profession, |
---|
208 | 208 | | 23 or business that constitutes a conflict of interest or otherwise interferes |
---|
209 | 209 | | 24 with carrying out their duties as commissioners. |
---|
210 | 210 | | 25 (f) (e) A member All elected and appointed members of the |
---|
211 | 211 | | 26 commission or any person appointed to any position or employed in |
---|
212 | 212 | | 27 any capacity to serve the commission, may not have any official or |
---|
213 | 213 | | 28 professional relationship or connection with, or hold any stock or |
---|
214 | 214 | | 29 securities or have any pecuniary interest in any public utility operating |
---|
215 | 215 | | 30 in Indiana. |
---|
216 | 216 | | 31 (g) (f) Each member appointed to of the Indiana utility regulatory |
---|
217 | 217 | | 32 commission shall take and subscribe to an oath in writing that the |
---|
218 | 218 | | 33 member will faithfully perform the duties of the member's office, and |
---|
219 | 219 | | 34 support and defend to the best of the member's ability the Constitution |
---|
220 | 220 | | 35 and laws of the state of Indiana and of the United States of America, |
---|
221 | 221 | | 36 and such oath shall be filed with the secretary of state. |
---|
222 | 222 | | 37 (h) (g) The chairman chair of the commission shall assign cases to |
---|
223 | 223 | | 38 the various members of the commission or to administrative law judges |
---|
224 | 224 | | 39 for hearings. |
---|
225 | 225 | | 40 SECTION 10. IC 8-1-1-2.5 IS ADDED TO THE INDIANA CODE |
---|
226 | 226 | | 41 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
---|
227 | 227 | | 42 1, 2024]: Sec. 2.5. (a) Two (2) members of the commission shall be |
---|
228 | 228 | | 2024 IN 218—LS 6508/DI 149 6 |
---|
229 | 229 | | 1 elected on a nonpartisan basis. Candidates for membership on the |
---|
230 | 230 | | 2 commission may not run in a primary election, but must, in the |
---|
231 | 231 | | 3 manner prescribed by IC 3-8-6, file a petition to be placed on the |
---|
232 | 232 | | 4 ballot for a general election. |
---|
233 | 233 | | 5 (b) IC 3 applies to an election required by this section. At the |
---|
234 | 234 | | 6 general election, each voter may vote for one (1) of the candidates |
---|
235 | 235 | | 7 for the office of the Indiana utility regulatory commissioner. The |
---|
236 | 236 | | 8 two (2) candidates receiving the highest number of votes are |
---|
237 | 237 | | 9 elected. |
---|
238 | 238 | | 10 (c) The two (2) members elected to the commission shall take |
---|
239 | 239 | | 11 office on January 1 following the individuals' election. |
---|
240 | 240 | | 12 (d) The first two (2) members elected to the commission shall: |
---|
241 | 241 | | 13 (1) be elected at the 2028 general election; |
---|
242 | 242 | | 14 (2) take office on January 1, 2029; and |
---|
243 | 243 | | 15 (3) serve a term of four (4) years. |
---|
244 | 244 | | 16 This subsection expires on January 1, 2030. |
---|
245 | 245 | | 17 SECTION 11. IC 8-1-1-3, AS AMENDED BY P.L.136-2018, |
---|
246 | 246 | | 18 SECTION 43, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
247 | 247 | | 19 JULY 1, 2024]: Sec. 3. (a) The members of the commission shall meet |
---|
248 | 248 | | 20 and organize the commission. The commission may, subject to the |
---|
249 | 249 | | 21 approval of the governor, appoint a secretary of the commission. |
---|
250 | 250 | | 22 (b) The salaries of the members and secretary of the commission |
---|
251 | 251 | | 23 shall be fixed by the governor, subject to the approval of the budget |
---|
252 | 252 | | 24 agency. However, the salaries of the chairman chair and the members |
---|
253 | 253 | | 25 shall not be less than the following annual minimum amounts: |
---|
254 | 254 | | 26 (1) For the chairman, chair, sixty-five thousand dollars ($65,000). |
---|
255 | 255 | | 27 (2) For the members, sixty thousand dollars ($60,000) each. |
---|
256 | 256 | | 28 (c) The commission may appoint one (1) or more administrative law |
---|
257 | 257 | | 29 judges who shall be responsible to and serve at the will and pleasure of |
---|
258 | 258 | | 30 the commission. While serving, the administrative law judges shall |
---|
259 | 259 | | 31 devote full time to the duties of the commission and shall not be |
---|
260 | 260 | | 32 actively engaged in any other occupation, profession, or business that |
---|
261 | 261 | | 33 constitutes a conflict of interest or otherwise interferes with carrying |
---|
262 | 262 | | 34 out their duties as administrative law judges. The salary of each |
---|
263 | 263 | | 35 administrative law judge shall be fixed by the commission subject to |
---|
264 | 264 | | 36 the approval of the budget agency but may not be less than the |
---|
265 | 265 | | 37 following annual amounts: |
---|
266 | 266 | | 38 (1) For the chief administrative law judge, forty-five thousand |
---|
267 | 267 | | 39 dollars ($45,000). |
---|
268 | 268 | | 40 (2) For all other administrative law judges, forty thousand dollars |
---|
269 | 269 | | 41 ($40,000). |
---|
270 | 270 | | 42 (d) A majority of the commission members shall constitute a |
---|
271 | 271 | | 2024 IN 218—LS 6508/DI 149 7 |
---|
272 | 272 | | 1 quorum. |
---|
273 | 273 | | 2 (e) On order of the commission any one (1) member of the |
---|
274 | 274 | | 3 commission, or an administrative law judge, may conduct a hearing or |
---|
275 | 275 | | 4 an investigation, and take evidence in the hearing or investigation, and |
---|
276 | 276 | | 5 report on the hearing or investigation to the commission for the |
---|
277 | 277 | | 6 commission's consideration and action. However, a hearing concerning |
---|
278 | 278 | | 7 a request for a general increase in the basic rates and charges of a |
---|
279 | 279 | | 8 utility in an amount exceeding twenty million dollars ($20,000,000) |
---|
280 | 280 | | 9 may only be conducted by one (1) or more commission members. |
---|
281 | 281 | | 10 (f) Each member of the commission shall give bond in the sum of |
---|
282 | 282 | | 11 ten thousand dollars ($10,000) for the faithful performance of the |
---|
283 | 283 | | 12 member's duties. Such bond shall be filed with the secretary of state. |
---|
284 | 284 | | 13 (g) The commission shall formulate rules necessary or appropriate |
---|
285 | 285 | | 14 to carry out this chapter, and shall perform the duties imposed by law |
---|
286 | 286 | | 15 upon it. |
---|
287 | 287 | | 16 (h) The commission may: |
---|
288 | 288 | | 17 (1) employ, with the approval of the governor and the state budget |
---|
289 | 289 | | 18 agency, sufficient professional staff, including specialists, |
---|
290 | 290 | | 19 technicians, and analysts, who are exempt from the job |
---|
291 | 291 | | 20 classifications and compensation schedules established under |
---|
292 | 292 | | 21 IC 4-15; and |
---|
293 | 293 | | 22 (2) purchase, lease, or otherwise acquire for the commission's |
---|
294 | 294 | | 23 internal use sufficient technical equipment necessary for the |
---|
295 | 295 | | 24 commission to carry out its statutory duties. |
---|
296 | 296 | | 25 SECTION 12. IC 8-1-1-14, AS AMENDED BY P.L.71-2022, |
---|
297 | 297 | | 26 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
298 | 298 | | 27 JULY 1, 2024]: Sec. 14. (a) As used in this section, "committee" refers |
---|
299 | 299 | | 28 to the interim study committee on energy, utilities, and |
---|
300 | 300 | | 29 telecommunications established by IC 2-5-1.3-4(8). |
---|
301 | 301 | | 30 (b) The chairman chair of the commission shall prepare an annual |
---|
302 | 302 | | 31 report and file it with the governor and the chairman of the legislative |
---|
303 | 303 | | 32 council before October 1 of each year. The commission shall present |
---|
304 | 304 | | 33 the annual report to the committee before October 1 of each year. A |
---|
305 | 305 | | 34 report filed under this subsection with the chairman of the legislative |
---|
306 | 306 | | 35 council must be in an electronic format under IC 5-14-6. The chairman |
---|
307 | 307 | | 36 chair shall include in the annual report information for the fiscal year |
---|
308 | 308 | | 37 ending June 30 of the year in which the report is due. |
---|
309 | 309 | | 38 (c) The annual report required under subsection (b) must include the |
---|
310 | 310 | | 39 following: |
---|
311 | 311 | | 40 (1) An update on the operations of the commission, including the |
---|
312 | 312 | | 41 following: |
---|
313 | 313 | | 42 (A) Statistics relevant to the workload and operations of the |
---|
314 | 314 | | 2024 IN 218—LS 6508/DI 149 8 |
---|
315 | 315 | | 1 commission. |
---|
316 | 316 | | 2 (B) A statement of the commission's revenues by source and |
---|
317 | 317 | | 3 expenditures by purpose. |
---|
318 | 318 | | 4 (C) A description of the commission's goals, legal |
---|
319 | 319 | | 5 responsibilities, and accomplishments. |
---|
320 | 320 | | 6 (D) Comments on the state of the commission and the various |
---|
321 | 321 | | 7 kinds of utilities that it regulates. |
---|
322 | 322 | | 8 (E) Any other matters that the commission wishes to bring to |
---|
323 | 323 | | 9 the attention of the governor and the general assembly. |
---|
324 | 324 | | 10 (2) Information concerning changes or emerging trends in the |
---|
325 | 325 | | 11 energy utility industry, and the effects of those changes or trends |
---|
326 | 326 | | 12 on service and on the pricing of all energy utility services under |
---|
327 | 327 | | 13 the jurisdiction of the commission. The information reported |
---|
328 | 328 | | 14 under this subdivision must include the following: |
---|
329 | 329 | | 15 (A) The effects of competition or changes in the energy utility |
---|
330 | 330 | | 16 industry, including the impact on customer rates. |
---|
331 | 331 | | 17 (B) The status of modernization of the energy utility facilities |
---|
332 | 332 | | 18 in Indiana and the incentives in place to further enhance this |
---|
333 | 333 | | 19 infrastructure. |
---|
334 | 334 | | 20 (C) The effects on economic development of the |
---|
335 | 335 | | 21 modernization described in clause (B). |
---|
336 | 336 | | 22 (D) Changes in Indiana's electricity generation mix. |
---|
337 | 337 | | 23 (E) Any other energy utility matters the commission considers |
---|
338 | 338 | | 24 appropriate. |
---|
339 | 339 | | 25 (3) Information concerning changes or emerging trends in the |
---|
340 | 340 | | 26 water and wastewater utility industries, and the effects of those |
---|
341 | 341 | | 27 changes or trends on service and on the pricing of all water and |
---|
342 | 342 | | 28 wastewater utility services under the jurisdiction of the |
---|
343 | 343 | | 29 commission. The information reported under this subdivision |
---|
344 | 344 | | 30 must include the following: |
---|
345 | 345 | | 31 (A) The effects of changes in the water and wastewater utility |
---|
346 | 346 | | 32 industries, including the impact on customer rates. |
---|
347 | 347 | | 33 (B) The status of water and wastewater utility infrastructure in |
---|
348 | 348 | | 34 Indiana and the incentives in place to further enhance this |
---|
349 | 349 | | 35 infrastructure. |
---|
350 | 350 | | 36 (C) An update on: |
---|
351 | 351 | | 37 (i) acquisitions under IC 8-1-30.3; |
---|
352 | 352 | | 38 (ii) consolidations; |
---|
353 | 353 | | 39 (iii) regionalization; and |
---|
354 | 354 | | 40 (iv) service territory disputes; |
---|
355 | 355 | | 41 involving water and wastewater utilities. |
---|
356 | 356 | | 42 (D) The nature and extent of the jurisdiction of the |
---|
357 | 357 | | 2024 IN 218—LS 6508/DI 149 9 |
---|
358 | 358 | | 1 commission and other state agencies over various types of |
---|
359 | 359 | | 2 water and wastewater utilities. |
---|
360 | 360 | | 3 (E) Any other water or wastewater utility matters the |
---|
361 | 361 | | 4 commission considers appropriate. |
---|
362 | 362 | | 5 (4) Information concerning the communications services industry, |
---|
363 | 363 | | 6 including the following: |
---|
364 | 364 | | 7 (A) The type and availability of communications service |
---|
365 | 365 | | 8 provided to Indiana customers, including the provision of |
---|
366 | 366 | | 9 video service (as defined in IC 8-1-34-14). |
---|
367 | 367 | | 10 (B) Details on the status of the Indiana universal service fund. |
---|
368 | 368 | | 11 (C) The status of eligible telecommunications carriers for |
---|
369 | 369 | | 12 purposes of receiving: |
---|
370 | 370 | | 13 (i) Lifeline reimbursement from the federal universal service |
---|
371 | 371 | | 14 fund; |
---|
372 | 372 | | 15 (ii) support to serve rural and high cost areas; and |
---|
373 | 373 | | 16 (iii) other monetary support from the federal universal |
---|
374 | 374 | | 17 service fund; |
---|
375 | 375 | | 18 through the administrator designated by the Federal |
---|
376 | 376 | | 19 Communications Commission. |
---|
377 | 377 | | 20 (D) A summary of the video franchise fee reports submitted |
---|
378 | 378 | | 21 under IC 8-1-34-24.5. |
---|
379 | 379 | | 22 (E) Any other matters concerning the communications services |
---|
380 | 380 | | 23 industry the commission considers appropriate. |
---|
381 | 381 | | 24 (5) Information concerning Indiana's pipeline safety program, |
---|
382 | 382 | | 25 including the following: |
---|
383 | 383 | | 26 (A) An update on the activities of the commission's pipeline |
---|
384 | 384 | | 27 safety division established by IC 8-1-22.5-2. |
---|
385 | 385 | | 28 (B) An update on activities under IC 8-1-26. |
---|
386 | 386 | | 29 (C) An update on the underground plant protection account |
---|
387 | 387 | | 30 established by IC 8-1-26-24. |
---|
388 | 388 | | 31 (D) Any other matters concerning pipeline safety the |
---|
389 | 389 | | 32 commission considers appropriate. |
---|
390 | 390 | | 33 SECTION 13. IC 8-1-2-63 IS AMENDED TO READ AS |
---|
391 | 391 | | 34 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 63. Each witness who |
---|
392 | 392 | | 35 shall appear before the commission or its agent by its order, shall |
---|
393 | 393 | | 36 receive for his the witness's attendance the fees and mileage now |
---|
394 | 394 | | 37 provided for witnesses in civil cases in courts of record which shall be |
---|
395 | 395 | | 38 audited and paid by the state, in the same manner as other expenses are |
---|
396 | 396 | | 39 audited and paid, upon the presentation of proper vouchers sworn to by |
---|
397 | 397 | | 40 such witnesses and approved by the chairman chair of the commission. |
---|
398 | 398 | | 41 No witnesses subpoenaed at the instance of parties other than the |
---|
399 | 399 | | 42 commission shall be entitled to compensation from the state for |
---|
400 | 400 | | 2024 IN 218—LS 6508/DI 149 10 |
---|
401 | 401 | | 1 attendance or travel unless the commission shall certify that his the |
---|
402 | 402 | | 2 witness's testimony was material to the matter investigated; Provided, |
---|
403 | 403 | | 3 That the commission shall have power to pass upon, approve and limit |
---|
404 | 404 | | 4 the expenditures of a public utility in connection with a rate case which |
---|
405 | 405 | | 5 are to be charged against the rate base and to be amortized over a |
---|
406 | 406 | | 6 period of years as determined by the commission; it being the intent |
---|
407 | 407 | | 7 and purpose to prevent excessive expenditures by the utilities for expert |
---|
408 | 408 | | 8 witnesses, legal and stenographic expenses in rate hearings and |
---|
409 | 409 | | 9 appraisals. |
---|
410 | 410 | | 10 SECTION 14. IC 10-19-8.1-3, AS AMENDED BY P.L.127-2022, |
---|
411 | 411 | | 11 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
412 | 412 | | 12 JULY 1, 2024]: Sec. 3. (a) The council consists of the following |
---|
413 | 413 | | 13 members: |
---|
414 | 414 | | 14 (1) The governor or the governor's designee. |
---|
415 | 415 | | 15 (2) The executive director. |
---|
416 | 416 | | 16 (3) The superintendent of the state police department. |
---|
417 | 417 | | 17 (4) The adjutant general. |
---|
418 | 418 | | 18 (5) The state health commissioner. |
---|
419 | 419 | | 19 (6) The commissioner of the department of environmental |
---|
420 | 420 | | 20 management. |
---|
421 | 421 | | 21 (7) The chairman chair of the Indiana utility regulatory |
---|
422 | 422 | | 22 commission. |
---|
423 | 423 | | 23 (8) The director of the department of natural resources or, if |
---|
424 | 424 | | 24 designated by the director, the deputy director who manages the |
---|
425 | 425 | | 25 bureau of administration. |
---|
426 | 426 | | 26 (9) The chief information officer of the office of technology. |
---|
427 | 427 | | 27 (10) The speaker of the house of representatives or the speaker's |
---|
428 | 428 | | 28 designee. |
---|
429 | 429 | | 29 (11) The president pro tempore of the senate or the president pro |
---|
430 | 430 | | 30 tempore's designee. |
---|
431 | 431 | | 31 (12) The minority leader of the house of representatives or the |
---|
432 | 432 | | 32 minority leader's designee. |
---|
433 | 433 | | 33 (13) The minority leader of the senate or the minority leader's |
---|
434 | 434 | | 34 designee. |
---|
435 | 435 | | 35 (b) The members of the council described in subsection (a)(10) |
---|
436 | 436 | | 36 through (a)(13) are nonvoting members. |
---|
437 | 437 | | 2024 IN 218—LS 6508/DI 149 |
---|