HB 1181-3_ Filed 02/12/2001, 10:58


Text Box


    PREVAILED      Roll Call No. _______
    FAILED        Ayes _______
    WITHDRAWN        Noes _______
    RULED OUT OF ORDER


[
HOUSE MOTION ____

]

MR. SPEAKER:

    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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Representative LUTZ J


RH 118104/DI rs
2001