February 9, 2005





HOUSE BILL No. 1363

_____


DIGEST OF HB 1363 (Updated February 2, 2005 5:48 pm - DI 96)



Citations Affected: IC 8-1.

Synopsis: Working hours for utility service employees. Exempts an employee of a utility service employer or an employee of a subcontractor or contractor of a utility service employer from the maximum hours of service that the employee is permitted to work under federal regulations if the employee: (1) holds a commercial driver's license; and (2) is engaged in intrastate maintenance or repair work during a utility service interruption emergency.

Effective: Upon passage.





Stevenson, Lutz J




    January 13, 2005, read first time and referred to Committee on Employment and Labor.
    February 8, 2005, reported _ Do Pass.






February 9, 2005

First Regular Session 114th General Assembly (2005)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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HOUSE BILL No. 1363



    A BILL FOR 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 8-1-8.3-3; (05)HB1363.1.1. -->     SECTION 1. IC 8-1-8.3-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 3. As used in this chapter, "public "utility service" has the meaning set forth in IC 8-1-2-1(a). IC 6-2.3-1-14.
SOURCE: IC 8-1-8.3-4; (05)HB1363.1.2. -->     SECTION 2. IC 8-1-8.3-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: 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 service employer 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.
SOURCE: IC 8-1-8.3-6; (05)HB1363.1.3. -->     SECTION 3. IC 8-1-8.3-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: 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 service employer 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 et seq.
SOURCE: ; (05)HB1363.1.4. -->     SECTION 4. An emergency is declared for this act.