SB 43-6_ Filed 02/26/2008, 06:44 Battles


Text Box


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    WITHDRAWN        Noes _______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


[

HOUSE MOTION ____

]

MR. SPEAKER:

    I move that Engrossed Senate Bill 43 be amended to read as follows:

SOURCE: Page 1, line 1; (08)MO004310.1. -->     Page 1, between the enacting clause and line 1, begin a new paragraph and insert:
SOURCE: IC 8-1-38; (08)MO004310.1. -->     "SECTION 1. IC 8-1-38 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]:
     Chapter 38. Electric Utility Tree Trimming Practices
    Sec. 1. (a) As used in this chapter, "affected property owner" means the record owner of real property on which a utility plans to perform tree trimming.
    (b) The term does not include a property owner that is a governmental unit.
    Sec. 2. As used in this chapter, "tree trimming" means:
        (1) the trimming or pruning of one (1) or more trees; or
        (2) the cutting down and removal of one (1) or more trees.
    Sec. 3. As used in this chapter, "utility" refers to any of the following:
        (1) A public utility (as defined in IC 8-1-2-1(a)).
        (2) A municipally owned utility (as defined in IC 8-1-2-1(h)).
        (3) A corporation organized under IC 8-1-13.
        (4) A corporation organized under IC 23-17 that:
            (A) is an electric cooperative; and
            (B) has at least one (1) member that is a corporation organized under IC 8-1-13.
    Sec. 4. A utility shall, not more than ninety (90) days before and

not less than seventy-five (75) days before a planned tree trimming, notify each affected property owner of the exact date and estimated time when the utility will perform the planned tree trimming.
    Sec. 5. (a) The utility shall attempt to resolve any issues raised by an affected property owner before the planned tree trimming.
    (b) The utility shall inform the affected property owner of alternatives to the planned tree trimming.
".
    Renumber all SECTIONS consecutively.
    (Reference is to ESB 43 as printed February 22, 2008.)

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Representative Battles


MO004310/DI 75     2008