I move that House Bill 1181 be amended to read as follows:
Page 1, delete lines 1 through 17.
Page 2, delete lines 1 through 18.
Page 2, between lines 18 and 19, begin a new subparagraph and
insert:
"SECTION 1. IC
8-1-2-109
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 109. A public utility
that violates this chapter, or fails to perform any duty enjoined upon
it, for which a penalty is not otherwise provided, commits a Class B
infraction.
is subject to a penalty of up to ten thousand dollars ($10,000) for
each violation found by the commission. For purposes fo this
subsection, the commission may consider each day a violation
occurs to be a separate violation.
(b) The attorney general may bring an action in the name of
the state of Indiana to recover penalties imposed under this section
in accordance with the procedure set forth in section 115 of this
chapter."
Page 2, line 19, delete "(e)" and insert "(c)".
Page 2, line 20, delete "or".
Page 2, delete lines 21 through 33.
Page 2, line 34, delete "(g)" and insert "(d)".
Page 2, line 40, delete "(h)" and insert "(e)".
Page 3, delete lines 35 through 42.
Page 4, delete lines 1 through 12.
Page 4, between lines 12 and 13, begin a new paragraph and
insert:
"SECTION 4. IC
8-1-2-115
IS AMENDED TO READ AS
FOLLOWS: Sec. 115. The commission shall inquire into any neglect
or violation of the statutes of this state or the ordinances of any city or
town by any public utility doing business therein, or by the officers,
agents, or employees thereof, or by any person operating the plant of
any public utility, and shall have the power, and it shall be its duty, to
enforce the provisions of this chapter, as well as all other laws, relating
to public utilities. Any forfeiture or penalty provided in this chapter
shall be recovered and suit therein shall be brought in the name of the
state of Indiana in the circuit or superior court where the public utility
has its principal place of business. by the attorney general in a court
that has jurisdiction. Complaint for the collection of any such
forfeiture may be made by the commission or any member thereof,
and, when so made, the action so commenced shall be prosecuted by
the general counsel. attorney general.
Page 4, line 31, delete "115.`1" and insert "115".
Renumber all SECTIONS consecutively.
(Reference is to HB1181 as printed February 12, 2001.)
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