SB 560-3_ Filed 03/18/2013, 11:03 Dvorak


Text Box


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    WITHDRAWN        Noes _______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


[

HOUSE MOTION ____

]

MR. SPEAKER:

    I move that Engrossed Senate Bill 560 be amended to read as follows:

SOURCE: Page 2, line 24; (13)MO056023.2. -->     Page 2, between lines 24 and 25, begin a new paragraph and insert:
SOURCE: IC 8-1-1-5; (13)MO056023.2. -->     "SECTION 2. IC 8-1-1-5, AS AMENDED BY P.L.30-2006, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 5. (a) The commission shall in all controversial proceedings heard by it be an impartial fact-finding body and shall make its orders in such cases upon the facts impartially found by it. The commission shall in no such proceeding, during the hearing, act in the role either of a proponent or opponent on any issue to be decided by it. All evidence given in any such proceeding shall be offered on behalf of the respective parties to, or appearing in, the proceeding and not in the name or behalf of the commission itself.
    (b) Any report, audit, examination, or analysis prepared by the commission staff at the request or direction of the commission may be made a part of the record of the proceeding, subject to cross-examination by any party of the person who performed or directed the preparation of the report, audit, examination, or analysis.
    (c) If in any such proceeding the public interest is not otherwise adequately represented by counsel, in the opinion of the commission, it shall be the duty of the utility consumer counselor, if requested by the commission, to make adequate preparation for the presentation of the interests of the public in such proceeding and the utility consumer counselor shall at the hearing represent the public interests therein involved.
    (d) However, nothing in this section prevents the commission from

instituting, prosecuting, hearing, or determining any investigation or proceeding which it is authorized to do, or make, on its own motion by any law with the administration of which it is charged.
    (e) Except as otherwise provided in this chapter, no A member or employee of the commission, including the chair of the commission or an administrative law judge, assigned to make findings of fact and conclusions of law in a formally docketed evidentiary proceeding may not knowingly or intentionally communicate or permit communication in connection with any issue of fact or law disputed involved in that proceeding with any party or any party's representative, except as follows:
        (1)
On notice and with opportunity for all parties to participate.
        (2) With written consent of all parties.
        (3) For purposes of obtaining the written advice of a disinterested expert on the law applicable to the proceeding, if advance notice is given to all parties of the expert to be consulted and the subject matter of the advice solicited, with an opportunity to object and respond to the notice and to the advice given.
        (4) If specifically authorized by law.
If a member or employee of the commission communicates in connection with a proceeding in violation of this subsection, the member or employee shall immediately notify all parties to the proceeding of the substance of the communication and provide the parties with an opportunity to respond.

    (f) In addition to holding an executive session in the instances described in IC 5-14-1.5-6.1(b), the commission may hold an executive session to deliberate on a proposed order if all the following are satisfied:
        (1) All evidence on the matter has been received by the commission.
        (2) The deliberations are preparatory to taking final action on an order subject to judicial review.
        (3) Only the following are permitted to participate in the executive session:
            (A) Commission members.
            (B) Commission employees who are formally assigned to advise or assist in preparing the order, including the commission's technical staff and attorneys.
IC 5-14-1.5-5, IC 5-14-1.5-6.1, and IC 5-14-1.5-7 apply to an executive session held under this subsection.
    (g) Except as provided in subsection (h), a person who violates this section commits a Class C infraction.
    (h) A person who violates subsection (e) commits a Class A misdemeanor.
".
    Renumber all SECTIONS consecutively.


    (Reference is to ESB 560 as printed March 15, 2013.)

________________________________________

Representative Dvorak


MO056023/DI 103     2013