Second Regular Session 113th General Assembly (2004)


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    HOUSE ENROLLED ACT No. 1190



     AN ACT to amend the Indiana Code concerning utilities and transportation.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 8-1-8.3; (04)HE1190.1.1. -->     SECTION 1. IC 8-1-8.3 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]:
    Chapter 8.3. Public Utility Employees; Utility Service Interruption Emergencies
    Sec. 1. As used in this chapter, "commercial driver's license" has the meaning set forth in IC 9-13-2-29.
    Sec. 2. As used in this chapter, "commercial motor vehicle" has the meaning set forth in IC 9-13-2-31.
    Sec. 3. As used in this chapter, "public utility" has the meaning set forth in IC 8-1-2-1(a).
    Sec. 4. As used in this chapter, "utility service interruption emergency" means an outage or interruption of utility service in Indiana, including a near term threat or occurrence of a meteorological or other condition reasonably likely to result in outages or service interruption. A utility service interruption emergency:
        (1) is declared to exist within the meaning of 49 CFR 390.23 when a public utility receives:
            (A) notice of or a request to respond to an outage or a service interruption; or
            (B) notice of the existence of conditions reasonably likely

to result in an outage or a service interruption; and
        (2) continues until:
            (A) the necessary maintenance or repair work is completed; and
            (B) personnel used to perform necessary maintenance or repair work have returned to their respective normal work routines.
    Sec. 5. As used in this chapter, "utility service vehicle" has the meaning set forth in 49 CFR 395.2.
    Sec. 6. An individual who:
        (1) is the holder of a commercial driver's license;
        (2) is:
            (A) an employee;
            (B) an employee of a contractor; or
            (C) an employee of a subcontractor;
        of a public utility in an employment capacity in which the commercial driver's license is used; and
        (3) operates a commercial motor vehicle as a utility service vehicle and engages in intrastate maintenance or repair work in response to a utility service interruption emergency;
is exempt from any regulation of the maximum hours of service that the employee may work under 49 CFR 395.

SOURCE: ; (04)HE1190.1.2. -->     SECTION 2. An emergency is declared for this act.


HEA 1190

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