HOUSE BILL No. 1363
DIGEST OF INTRODUCED BILL
Citations Affected: IC 8-1-8.3.
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.
First Regular Session 114th General Assembly (2005)
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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)IN1363.1.1. -->
SECTION 1. IC 8-1-8.3-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 3. As used in this
"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)IN1363.1.2. -->
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
(1) is declared to exist within the meaning of 49 CFR 390.23
public utility service employer receives:
(A) notice of or a request to respond to an outage or a service
(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;
(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)IN1363.1.3. -->
SECTION 3. IC 8-1-8.3-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 6. An individual
(1) is the holder of a commercial driver's license;
(A) an employee;
(B) an employee of a contractor; or
(C) an employee of a subcontractor;
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)IN1363.1.4. -->
SECTION 4. An emergency is declared for this act.