Indiana 2024 Regular Session

Indiana Senate Bill SB0218 Compare Versions

Only one version of the bill is available at this time.
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22 Introduced Version
33 SENATE BILL No. 218
44 _____
55 DIGEST OF INTRODUCED BILL
66 Citations Affected: IC 3-5-2-48; IC 3-8; IC 3-9-2-14; IC 3-10-2-17;
77 IC 3-11-2-12; IC 3-13-4; IC 8-1; IC 10-19-8.1-3.
88 Synopsis: Election of two IURC members. Increases the membership
99 of the Indiana utility regulatory commission (IURC) from five members
1010 to seven members. Requires the two new commission members to be
1111 elected on a nonpartisan basis starting in the 2028 general election.
1212 Prohibits a candidate for the office of the Indiana utility regulatory
1313 commissioner from: (1) having an official or professional relationship
1414 or connection with; or (2) soliciting or accepting campaign
1515 contributions from; any public utility operating in Indiana. Provides
1616 that the elected commission members shall serve a term of four years
1717 and establishes a procedure to appoint a member if there is a vacancy
1818 of an elected member. Requires references to the IURC members to
1919 appoint a chair to the IURC annually. Changes "chairman" to "chair".
2020 Makes conforming changes.
2121 Effective: July 1, 2024.
2222 Ford J.D.
2323 January 9, 2024, read first time and referred to Committee on Utilities.
2424 2024 IN 218—LS 6508/DI 149 Introduced
2525 Second Regular Session of the 123rd General Assembly (2024)
2626 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
2727 Constitution) is being amended, the text of the existing provision will appear in this style type,
2828 additions will appear in this style type, and deletions will appear in this style type.
2929 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
3030 provision adopted), the text of the new provision will appear in this style type. Also, the
3131 word NEW will appear in that style type in the introductory clause of each SECTION that adds
3232 a new provision to the Indiana Code or the Indiana Constitution.
3333 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
3434 between statutes enacted by the 2023 Regular Session of the General Assembly.
3535 SENATE BILL No. 218
3636 A BILL FOR AN ACT to amend the Indiana Code concerning
3737 elections.
3838 Be it enacted by the General Assembly of the State of Indiana:
3939 1 SECTION 1. IC 3-5-2-48, AS AMENDED BY P.L.43-2021,
4040 2 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4141 3 JULY 1, 2024]: Sec. 48. "State office" refers to the governor, lieutenant
4242 4 governor, secretary of state, auditor of state, treasurer of state, attorney
4343 5 general, justice of the supreme court, judge of the court of appeals, and
4444 6 judge of the tax court, and Indiana utility regulatory commissioner.
4545 7 SECTION 2. IC 3-8-1-35 IS ADDED TO THE INDIANA CODE
4646 8 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
4747 9 1, 2024]: Sec. 35. A candidate for the office of the Indiana utility
4848 10 regulatory commissioner:
4949 11 (1) must have resided in Indiana for at least one (1) year
5050 12 before the election; and
5151 13 (2) may not have any official or professional relationship or
5252 14 connection with, or hold any stock or securities or have any
5353 15 pecuniary interest in, any public utility operating in Indiana.
5454 16 SECTION 3. IC 3-8-6-1, AS AMENDED BY P.L.194-2013,
5555 17 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5656 2024 IN 218—LS 6508/DI 149 2
5757 1 JULY 1, 2024]: Sec. 1. (a) This chapter applies to a candidate for
5858 2 nomination to an elected office who:
5959 3 (1) is an independent candidate; or
6060 4 (2) represents a political party not qualified to nominate
6161 5 candidates in a primary or by convention; or
6262 6 (3) is a candidate for the office of the Indiana utility
6363 7 regulatory commissioner.
6464 8 (b) This chapter does not apply to a candidate for a school board
6565 9 office.
6666 10 SECTION 4. IC 3-9-2-14 IS ADDED TO THE INDIANA CODE
6767 11 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
6868 12 1, 2024]: Sec. 14. A candidate for the office of the Indiana utility
6969 13 regulatory commissioner may not, directly or indirectly:
7070 14 (1) solicit; or
7171 15 (2) accept;
7272 16 campaign contributions from any public utility operating in
7373 17 Indiana.
7474 18 SECTION 5. IC 3-10-2-17 IS ADDED TO THE INDIANA CODE
7575 19 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
7676 20 1, 2024]: Sec. 17. The members of the Indiana utility regulatory
7777 21 commission shall be elected at the general election before their
7878 22 term of office expires and every four (4) years thereafter.
7979 23 SECTION 6. IC 3-11-2-12, AS AMENDED BY P.L.227-2023,
8080 24 SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8181 25 JULY 1, 2024]: Sec. 12. (a) The following offices shall be placed on
8282 26 the general election ballot in the following order after the public
8383 27 questions described in section 10(a) of this chapter:
8484 28 (1) Federal and state offices:
8585 29 (A) President and Vice President of the United States.
8686 30 (B) United States Senator.
8787 31 (C) Governor and lieutenant governor.
8888 32 (D) Secretary of state.
8989 33 (E) Auditor of state.
9090 34 (F) Treasurer of state.
9191 35 (G) Attorney general.
9292 36 (H) United States Representative. If an election to fill a
9393 37 vacancy in an office of United States Representative under
9494 38 IC 3-10-8 is held on the same day as the election for the next
9595 39 term of the same office, the ballot shall list the election to fill
9696 40 the vacancy in the office immediately after the election for the
9797 41 next term of the office.
9898 42 (I) Indiana utility regulatory commissioner.
9999 2024 IN 218—LS 6508/DI 149 3
100100 1 (2) Legislative offices:
101101 2 (A) State senator.
102102 3 (B) State representative.
103103 4 (3) Circuit offices and county judicial offices:
104104 5 (A) Judge of the circuit court, and unless otherwise specified
105105 6 under IC 33, with each division separate if there is more than
106106 7 one (1) judge of the circuit court.
107107 8 (B) Judge of the superior court, and unless otherwise specified
108108 9 under IC 33, with each division separate if there is more than
109109 10 one (1) judge of the superior court.
110110 11 (C) Judge of the probate court.
111111 12 (D) Prosecuting attorney.
112112 13 (E) Clerk of the circuit court.
113113 14 (4) County offices:
114114 15 (A) County auditor.
115115 16 (B) County recorder.
116116 17 (C) County treasurer.
117117 18 (D) County sheriff.
118118 19 (E) County coroner.
119119 20 (F) County surveyor.
120120 21 (G) County assessor.
121121 22 (H) County commissioner.
122122 23 (I) County council member.
123123 24 (5) Township offices:
124124 25 (A) Township assessor (only in a township referred to in
125125 26 IC 36-6-5-1(d)).
126126 27 (B) Township trustee.
127127 28 (C) Township board member.
128128 29 (D) Judge of the small claims court.
129129 30 (E) Constable of the small claims court.
130130 31 (6) City offices:
131131 32 (A) Mayor.
132132 33 (B) Clerk or clerk-treasurer.
133133 34 (C) Judge of the city court.
134134 35 (D) City-county council member or common council member.
135135 36 (7) Town offices:
136136 37 (A) Clerk-treasurer.
137137 38 (B) Judge of the town court.
138138 39 (C) Town council member.
139139 40 (b) If a major political party does not nominate a candidate for an
140140 41 office on a general, municipal, or special election ballot then the county
141141 42 election board may print "NO CANDIDATE FILED" in the place on
142142 2024 IN 218—LS 6508/DI 149 4
143143 1 the ballot where the name of the major political party's nominee would
144144 2 be printed.
145145 3 SECTION 7. IC 3-13-4-3, AS AMENDED BY P.L.225-2011,
146146 4 SECTION 84, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
147147 5 JULY 1, 2024]: Sec. 3. (a) This section applies to a vacancy that occurs
148148 6 in a state office other than governor, lieutenant governor, or a judicial
149149 7 office, or Indiana utility regulatory commissioner.
150150 8 (b) If a state officer wants to resign from office, the state officer
151151 9 must resign as provided in IC 5-8-3.5.
152152 10 (c) A vacancy that occurs in a state office because of the death of
153153 11 the state officer may be certified to the governor under IC 5-8-6. The
154154 12 governor may not fill a vacancy as provided by law until the governor
155155 13 receives notice of the death under IC 5-8-6.
156156 14 (d) A vacancy that occurs in a state office other than by resignation
157157 15 or death shall be certified to the governor by the circuit court clerk of
158158 16 the county in which the officer resided.
159159 17 (e) The governor shall fill a vacancy in a state office by appointment
160160 18 of a person of the same political party as the officer who held the
161161 19 vacated office.
162162 20 (f) The person who is appointed by the governor holds office for the
163163 21 remainder of the unexpired term and until a successor is elected and
164164 22 qualified.
165165 23 SECTION 8. IC 3-13-4-4 IS ADDED TO THE INDIANA CODE
166166 24 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
167167 25 1, 2024]: Sec. 4. A vacancy of an elected member on the Indiana
168168 26 utility regulatory commission shall be filled by appointment by the
169169 27 remaining commissioners as soon as practicable after the vacancy
170170 28 occurs. The appointee holds office for the remainder of the
171171 29 unexpired term and until a successor is elected and qualified. The
172172 30 commission shall adopt rules under IC 4-22-2 to implement this
173173 31 section.
174174 32 SECTION 9. IC 8-1-1-2, AS AMENDED BY P.L.136-2018,
175175 33 SECTION 42, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
176176 34 JULY 1, 2024]: Sec. 2. (a) There is created the Indiana utility
177177 35 regulatory commission. which shall consist of The commission has
178178 36 the following membership:
179179 37 (1) Five (5) members appointed by the governor who meet the
180180 38 following requirements:
181181 39 (A) At least one (1) of whom member shall be an attorney
182182 40 qualified to practice law before the supreme court of Indiana.
183183 41 and
184184 42 (B) Not more than three (3) of whom members may belong to
185185 2024 IN 218—LS 6508/DI 149 5
186186 1 the same political party.
187187 2 (b) The members of the commission appointed under this
188188 3 subdivision, and all vacancies occurring on the commission of an
189189 4 appointed member, shall be appointed by the governor from
190190 5 among persons nominated by the nominating committee in
191191 6 accordance with IC 8-1-1.5.
192192 7 (2) Two (2) members elected under section 2.5 of this chapter.
193193 8 A vacancy of an elected member shall be filled in accordance
194194 9 with IC 3-13-4-4.
195195 10 (c) (b) The members A member appointed to the commission
196196 11 under subsection (a)(1) may be removed at any time by the governor
197197 12 for cause.
198198 13 (d) (c) The governor members of the commission shall annually
199199 14 appoint one (1) member as chairman. chair. No member shall serve
200200 15 as chair more than one (1) time during a four (4) year term.
201201 16 (e) (d) The members of the commission shall be appointed or
202202 17 elected for a term of four (4) years, except when a member is appointed
203203 18 to fill a vacancy, in which case such appointment shall be for such
204204 19 unexpired term only. All members of said the commission shall serve
205205 20 as such until their successors are duly appointed and qualified, and
206206 21 while so serving shall devote full time to the duties of the commission
207207 22 and shall not be actively engaged in any other occupation, profession,
208208 23 or business that constitutes a conflict of interest or otherwise interferes
209209 24 with carrying out their duties as commissioners.
210210 25 (f) (e) A member All elected and appointed members of the
211211 26 commission or any person appointed to any position or employed in
212212 27 any capacity to serve the commission, may not have any official or
213213 28 professional relationship or connection with, or hold any stock or
214214 29 securities or have any pecuniary interest in any public utility operating
215215 30 in Indiana.
216216 31 (g) (f) Each member appointed to of the Indiana utility regulatory
217217 32 commission shall take and subscribe to an oath in writing that the
218218 33 member will faithfully perform the duties of the member's office, and
219219 34 support and defend to the best of the member's ability the Constitution
220220 35 and laws of the state of Indiana and of the United States of America,
221221 36 and such oath shall be filed with the secretary of state.
222222 37 (h) (g) The chairman chair of the commission shall assign cases to
223223 38 the various members of the commission or to administrative law judges
224224 39 for hearings.
225225 40 SECTION 10. IC 8-1-1-2.5 IS ADDED TO THE INDIANA CODE
226226 41 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
227227 42 1, 2024]: Sec. 2.5. (a) Two (2) members of the commission shall be
228228 2024 IN 218—LS 6508/DI 149 6
229229 1 elected on a nonpartisan basis. Candidates for membership on the
230230 2 commission may not run in a primary election, but must, in the
231231 3 manner prescribed by IC 3-8-6, file a petition to be placed on the
232232 4 ballot for a general election.
233233 5 (b) IC 3 applies to an election required by this section. At the
234234 6 general election, each voter may vote for one (1) of the candidates
235235 7 for the office of the Indiana utility regulatory commissioner. The
236236 8 two (2) candidates receiving the highest number of votes are
237237 9 elected.
238238 10 (c) The two (2) members elected to the commission shall take
239239 11 office on January 1 following the individuals' election.
240240 12 (d) The first two (2) members elected to the commission shall:
241241 13 (1) be elected at the 2028 general election;
242242 14 (2) take office on January 1, 2029; and
243243 15 (3) serve a term of four (4) years.
244244 16 This subsection expires on January 1, 2030.
245245 17 SECTION 11. IC 8-1-1-3, AS AMENDED BY P.L.136-2018,
246246 18 SECTION 43, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
247247 19 JULY 1, 2024]: Sec. 3. (a) The members of the commission shall meet
248248 20 and organize the commission. The commission may, subject to the
249249 21 approval of the governor, appoint a secretary of the commission.
250250 22 (b) The salaries of the members and secretary of the commission
251251 23 shall be fixed by the governor, subject to the approval of the budget
252252 24 agency. However, the salaries of the chairman chair and the members
253253 25 shall not be less than the following annual minimum amounts:
254254 26 (1) For the chairman, chair, sixty-five thousand dollars ($65,000).
255255 27 (2) For the members, sixty thousand dollars ($60,000) each.
256256 28 (c) The commission may appoint one (1) or more administrative law
257257 29 judges who shall be responsible to and serve at the will and pleasure of
258258 30 the commission. While serving, the administrative law judges shall
259259 31 devote full time to the duties of the commission and shall not be
260260 32 actively engaged in any other occupation, profession, or business that
261261 33 constitutes a conflict of interest or otherwise interferes with carrying
262262 34 out their duties as administrative law judges. The salary of each
263263 35 administrative law judge shall be fixed by the commission subject to
264264 36 the approval of the budget agency but may not be less than the
265265 37 following annual amounts:
266266 38 (1) For the chief administrative law judge, forty-five thousand
267267 39 dollars ($45,000).
268268 40 (2) For all other administrative law judges, forty thousand dollars
269269 41 ($40,000).
270270 42 (d) A majority of the commission members shall constitute a
271271 2024 IN 218—LS 6508/DI 149 7
272272 1 quorum.
273273 2 (e) On order of the commission any one (1) member of the
274274 3 commission, or an administrative law judge, may conduct a hearing or
275275 4 an investigation, and take evidence in the hearing or investigation, and
276276 5 report on the hearing or investigation to the commission for the
277277 6 commission's consideration and action. However, a hearing concerning
278278 7 a request for a general increase in the basic rates and charges of a
279279 8 utility in an amount exceeding twenty million dollars ($20,000,000)
280280 9 may only be conducted by one (1) or more commission members.
281281 10 (f) Each member of the commission shall give bond in the sum of
282282 11 ten thousand dollars ($10,000) for the faithful performance of the
283283 12 member's duties. Such bond shall be filed with the secretary of state.
284284 13 (g) The commission shall formulate rules necessary or appropriate
285285 14 to carry out this chapter, and shall perform the duties imposed by law
286286 15 upon it.
287287 16 (h) The commission may:
288288 17 (1) employ, with the approval of the governor and the state budget
289289 18 agency, sufficient professional staff, including specialists,
290290 19 technicians, and analysts, who are exempt from the job
291291 20 classifications and compensation schedules established under
292292 21 IC 4-15; and
293293 22 (2) purchase, lease, or otherwise acquire for the commission's
294294 23 internal use sufficient technical equipment necessary for the
295295 24 commission to carry out its statutory duties.
296296 25 SECTION 12. IC 8-1-1-14, AS AMENDED BY P.L.71-2022,
297297 26 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
298298 27 JULY 1, 2024]: Sec. 14. (a) As used in this section, "committee" refers
299299 28 to the interim study committee on energy, utilities, and
300300 29 telecommunications established by IC 2-5-1.3-4(8).
301301 30 (b) The chairman chair of the commission shall prepare an annual
302302 31 report and file it with the governor and the chairman of the legislative
303303 32 council before October 1 of each year. The commission shall present
304304 33 the annual report to the committee before October 1 of each year. A
305305 34 report filed under this subsection with the chairman of the legislative
306306 35 council must be in an electronic format under IC 5-14-6. The chairman
307307 36 chair shall include in the annual report information for the fiscal year
308308 37 ending June 30 of the year in which the report is due.
309309 38 (c) The annual report required under subsection (b) must include the
310310 39 following:
311311 40 (1) An update on the operations of the commission, including the
312312 41 following:
313313 42 (A) Statistics relevant to the workload and operations of the
314314 2024 IN 218—LS 6508/DI 149 8
315315 1 commission.
316316 2 (B) A statement of the commission's revenues by source and
317317 3 expenditures by purpose.
318318 4 (C) A description of the commission's goals, legal
319319 5 responsibilities, and accomplishments.
320320 6 (D) Comments on the state of the commission and the various
321321 7 kinds of utilities that it regulates.
322322 8 (E) Any other matters that the commission wishes to bring to
323323 9 the attention of the governor and the general assembly.
324324 10 (2) Information concerning changes or emerging trends in the
325325 11 energy utility industry, and the effects of those changes or trends
326326 12 on service and on the pricing of all energy utility services under
327327 13 the jurisdiction of the commission. The information reported
328328 14 under this subdivision must include the following:
329329 15 (A) The effects of competition or changes in the energy utility
330330 16 industry, including the impact on customer rates.
331331 17 (B) The status of modernization of the energy utility facilities
332332 18 in Indiana and the incentives in place to further enhance this
333333 19 infrastructure.
334334 20 (C) The effects on economic development of the
335335 21 modernization described in clause (B).
336336 22 (D) Changes in Indiana's electricity generation mix.
337337 23 (E) Any other energy utility matters the commission considers
338338 24 appropriate.
339339 25 (3) Information concerning changes or emerging trends in the
340340 26 water and wastewater utility industries, and the effects of those
341341 27 changes or trends on service and on the pricing of all water and
342342 28 wastewater utility services under the jurisdiction of the
343343 29 commission. The information reported under this subdivision
344344 30 must include the following:
345345 31 (A) The effects of changes in the water and wastewater utility
346346 32 industries, including the impact on customer rates.
347347 33 (B) The status of water and wastewater utility infrastructure in
348348 34 Indiana and the incentives in place to further enhance this
349349 35 infrastructure.
350350 36 (C) An update on:
351351 37 (i) acquisitions under IC 8-1-30.3;
352352 38 (ii) consolidations;
353353 39 (iii) regionalization; and
354354 40 (iv) service territory disputes;
355355 41 involving water and wastewater utilities.
356356 42 (D) The nature and extent of the jurisdiction of the
357357 2024 IN 218—LS 6508/DI 149 9
358358 1 commission and other state agencies over various types of
359359 2 water and wastewater utilities.
360360 3 (E) Any other water or wastewater utility matters the
361361 4 commission considers appropriate.
362362 5 (4) Information concerning the communications services industry,
363363 6 including the following:
364364 7 (A) The type and availability of communications service
365365 8 provided to Indiana customers, including the provision of
366366 9 video service (as defined in IC 8-1-34-14).
367367 10 (B) Details on the status of the Indiana universal service fund.
368368 11 (C) The status of eligible telecommunications carriers for
369369 12 purposes of receiving:
370370 13 (i) Lifeline reimbursement from the federal universal service
371371 14 fund;
372372 15 (ii) support to serve rural and high cost areas; and
373373 16 (iii) other monetary support from the federal universal
374374 17 service fund;
375375 18 through the administrator designated by the Federal
376376 19 Communications Commission.
377377 20 (D) A summary of the video franchise fee reports submitted
378378 21 under IC 8-1-34-24.5.
379379 22 (E) Any other matters concerning the communications services
380380 23 industry the commission considers appropriate.
381381 24 (5) Information concerning Indiana's pipeline safety program,
382382 25 including the following:
383383 26 (A) An update on the activities of the commission's pipeline
384384 27 safety division established by IC 8-1-22.5-2.
385385 28 (B) An update on activities under IC 8-1-26.
386386 29 (C) An update on the underground plant protection account
387387 30 established by IC 8-1-26-24.
388388 31 (D) Any other matters concerning pipeline safety the
389389 32 commission considers appropriate.
390390 33 SECTION 13. IC 8-1-2-63 IS AMENDED TO READ AS
391391 34 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 63. Each witness who
392392 35 shall appear before the commission or its agent by its order, shall
393393 36 receive for his the witness's attendance the fees and mileage now
394394 37 provided for witnesses in civil cases in courts of record which shall be
395395 38 audited and paid by the state, in the same manner as other expenses are
396396 39 audited and paid, upon the presentation of proper vouchers sworn to by
397397 40 such witnesses and approved by the chairman chair of the commission.
398398 41 No witnesses subpoenaed at the instance of parties other than the
399399 42 commission shall be entitled to compensation from the state for
400400 2024 IN 218—LS 6508/DI 149 10
401401 1 attendance or travel unless the commission shall certify that his the
402402 2 witness's testimony was material to the matter investigated; Provided,
403403 3 That the commission shall have power to pass upon, approve and limit
404404 4 the expenditures of a public utility in connection with a rate case which
405405 5 are to be charged against the rate base and to be amortized over a
406406 6 period of years as determined by the commission; it being the intent
407407 7 and purpose to prevent excessive expenditures by the utilities for expert
408408 8 witnesses, legal and stenographic expenses in rate hearings and
409409 9 appraisals.
410410 10 SECTION 14. IC 10-19-8.1-3, AS AMENDED BY P.L.127-2022,
411411 11 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
412412 12 JULY 1, 2024]: Sec. 3. (a) The council consists of the following
413413 13 members:
414414 14 (1) The governor or the governor's designee.
415415 15 (2) The executive director.
416416 16 (3) The superintendent of the state police department.
417417 17 (4) The adjutant general.
418418 18 (5) The state health commissioner.
419419 19 (6) The commissioner of the department of environmental
420420 20 management.
421421 21 (7) The chairman chair of the Indiana utility regulatory
422422 22 commission.
423423 23 (8) The director of the department of natural resources or, if
424424 24 designated by the director, the deputy director who manages the
425425 25 bureau of administration.
426426 26 (9) The chief information officer of the office of technology.
427427 27 (10) The speaker of the house of representatives or the speaker's
428428 28 designee.
429429 29 (11) The president pro tempore of the senate or the president pro
430430 30 tempore's designee.
431431 31 (12) The minority leader of the house of representatives or the
432432 32 minority leader's designee.
433433 33 (13) The minority leader of the senate or the minority leader's
434434 34 designee.
435435 35 (b) The members of the council described in subsection (a)(10)
436436 36 through (a)(13) are nonvoting members.
437437 2024 IN 218—LS 6508/DI 149