Reprinted
February 27, 2001
HOUSE BILL No. 1779
_____
DIGEST OF HB 1779
(Updated February 26, 2001 11:25 PM - DI 71)
Citations Affected: IC 8-1; noncode.
Synopsis: Deputy consumer counselors. Creates the positions of
deputy consumer counselor for small business and deputy consumer
counselor for senior citizens within the office of utility consumer
counselor. Provides that the governor shall appoint each deputy
consumer counselor for a term of four years. Provides that the deputy
consumer counselor for small business is responsible for the following:
(1) Representing the interests of small business utility customers in
Indiana. (2) Educating small business utility customers about the
functions and duties of the deputy consumer counselor for small
business. (3) Soliciting the opinions, comments, and needs of small
business utility customers. (4) Educating small business utility
customers about utility conservation matters. (5) Notifying small
business utility customers about proceedings affecting or potentially
affecting small business utility customers. (6) Maintaining a telephone
hotline for inquiries, comments, and suggestions from small business
utility customers. Provides that the deputy consumer counselor for
senior citizens is responsible for the following: (1) Representing the
interests of senior citizen utility customers in Indiana. (2) Educating
senior citizen utility customers about the functions and duties of the
deputy consumer counselor for senior citizens. (3) Soliciting the
opinions, comments, and needs of senior citizen utility customers. (4)
Educating senior citizen utility customers about utility conservation
matters. (5) Notifying senior citizen utility customers about
proceedings affecting or potentially affecting senior citizen utility
customers. (6) Maintaining a telephone hotline for inquiries,
comments, and suggestions from senior citizen utility customers.
Effective: July 1, 2001.
Harris, Pelath
January 17, 2001, read first time and referred to Committee on Commerce, Economic
Development and Technology.
February 19, 2001, amended, reported _ Do Pass.
February 26, 2001, read second time, amended, ordered engrossed.
Reprinted
February 27, 2001
First Regular Session 112th General Assembly (2001)
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
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Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in
this style type. Also, the
word
NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in
this style type or
this style type reconciles conflicts
between statutes enacted by the 2000 General Assembly.
HOUSE BILL No. 1779
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 8-1-1.1-1; (01)HB1779.2.1. -->
SECTION 1. IC 8-1-1.1-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 1. As used in this
chapter:
"Council" means the advisory council to the office of utility
consumer counselor created under section 7 of this chapter.
"Counselor" means the consumer counselor established under
section 2 of this chapter.
"Deputy consumer counselor" means the deputy consumer
counselor for Washington affairs that may be established under section
9.1 of this chapter.
"Utility" means any public utility, municipally owned utility or
subscriber owned utility under the jurisdiction of the commission.
SOURCE: IC 8-1-1.1-9.2; (01)HB1779.2.2. -->
SECTION 2. IC 8-1-1.1-9.2 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2001]:
Sec. 9.2. (a) As used in this section, "advocate" refers to
the deputy consumer counselor for small business appointed under
subsection (d).
(b) As used in this section, "small business" means a business
that:
(1) is independently owned and operated;
(2) is not dominant in its field of operation; and
(3) satisfies the following criteria:
(A) If the business is a wholesale business, its annual sales
for its most recently completed fiscal year do not exceed
four million dollars ($4,000,000).
(B) If the business is a construction business, its average
annual receipts for the preceding three (3) fiscal years do
not exceed four million dollars ($4,000,000).
(C) If the business is a retail business or a business selling
services, its annual sales and receipts do not exceed five
hundred thousand dollars ($500,000).
(D) If the business is a manufacturing business, it employs
one hundred (100) or fewer employees.
(c) As used in this section, "small business utility customer"
means a small business that pays a public utility or a municipally
owned utility for gas, electric, telecommunications, water, or
sanitary sewer service.
(d) The governor may appoint a deputy consumer counselor for
small business. The utility consumer counselor may advise the
governor in the appointment of the deputy consumer counselor for
small business.
(e) The deputy consumer counselor for small business shall
serve for a term of four (4) years at a salary to be fixed by the
governor. The advocate shall serve at the pleasure of the governor.
The advocate must be a practicing attorney and qualified by
knowledge and experience to practice in utility regulatory agency
proceedings. The advocate shall apply full efforts to the duties of
the office and may not be actively engaged in any other occupation,
practice, profession, or business.
(f) The deputy consumer counselor for small business shall do
the following:
(1) Represent, protect, and promote the interests of small
business utility customers in Indiana.
(2) Inform and educate small business utility customers about
the duties and functions of the deputy consumer counselor for
small business.
(3) Actively solicit the opinions, comments, and needs of small
business utility customers.
(4) Educate small business utility customers about available
utility conservation measures.
(5) Notify small business utility customers about proceedings
before the commission, the Federal Energy Regulatory
Commission, the Federal Communications Commission, the
courts, and other public bodies.
(6) Establish and maintain a toll free telephone number or
numbers that serve as a hotline for inquiries, comments, and
suggestions from small business utility customers. To the
extent available resources allow, the advocate shall promote
and advertise the hotline to small business utility customers.
The deputy consumer counselor for small business may satisfy the
requirements of subdivisions (2) through (5) by publishing or
soliciting information on the Internet through the computer
gateway administered by the intelenet commission under IC 5-21-2
and known as Access Indiana.
(g) Expenses incurred under subsection (f) shall be paid from an
appropriation made for that purpose by the general assembly, or
with the approval of the governor and the budget agency, from the
contingency fund established under IC 8-1-6-1.
(h) The deputy consumer counselor for small business may, with
the approval of the utility consumer counselor, appear on behalf of
small business utility customers in:
(1) hearings before the commission, the department of state
revenue, or the Indiana department of transportation;
(2) appeals from the orders of the commission, the
department of state revenue, or the Indiana department of
transportation; and
(3) other proceedings, suits, and actions in which the subject
matter of the action affects small business utility customers.
(i) The deputy consumer counselor for small business may, with
the approval of the consumer counselor, the governor, and the
budget agency, employ and fix the compensation of accountants,
utility economists, engineers, attorneys, stenographers, or other
assistants necessary to carry out the duties of the deputy consumer
counselor for small business. The compensation of the deputy
consumer counselor for small business and the staff shall be paid
from an appropriation made for that purpose by the general
assembly, or with the approval of the governor and the budget
agency, from the contingency fund established under IC 8-1-6-1.
(j) The deputy consumer counselor for small business may
employ, with the approval of the consumer counselor, the
governor, and the budget agency, additional stenographers,
examiners, experts, engineers, assistant counselors, accountants,
and consulting firms with expertise in utility, motor carrier, or
railroad economics or management, or both, at salaries and
compensation and for a length of time as the consumer counselor,
the governor, and the budget agency may approve for a particular
case or investigation. The compensation for additional personnel
and the cost of transportation, hotel, telegram, and telephone bills
while traveling on public business shall be paid from the expert
witness fee account or, with the approval of the governor and the
budget agency, from the contingency fund established under
IC 8-1-6-1 on warrants drawn by the auditor of state and sworn to
by the parties who incurred the expenses.
(k) Expenses incurred by the deputy consumer counselor for
small business and approved by the deputy consumer counselor for
small business shall be charged to and paid from the contingency
fund established under IC 8-1-6-1.
SOURCE: IC 8-1-1.1-9.3; (01)HB1779.2.3. -->
SECTION 3. IC 8-1-1.1-9.3 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2001]:
Sec. 9.3. (a) As used in this section, "advocate" refers to
the deputy consumer counselor for senior citizens appointed under
subsection (d).
(b) As used in this section, "senior citizen" means an Indiana
resident who is:
(1) at least sixty-five (65) years of age;
(2) retired; and
(3) not employed on a full-time basis.
(c) As used in this section, "senior citizen utility customer"
means a senior citizen who pays a public utility or a municipally
owned utility for gas, electric, telecommunications, water, or
sanitary sewer service for residential uses.
(d) The governor may appoint a deputy consumer counselor for
senior citizens. The utility consumer counselor may advise the
governor in the appointment of the deputy consumer counselor for
senior citizens.
(e) The deputy consumer counselor for senior citizens shall
serve for a term of four (4) years at a salary to be fixed by the
governor. The advocate shall serve at the pleasure of the governor.
The advocate must be a practicing attorney and qualified by
knowledge and experience to practice in utility regulatory agency
proceedings. The advocate shall apply full efforts to the duties of
the office and may not be actively engaged in any other occupation,
practice, profession, or business.
(f) The deputy consumer counselor for senior citizens shall do
the following:
(1) Represent, protect, and promote the interests of senior
citizen utility customers in Indiana.
(2) Inform and educate senior citizen utility customers about
the duties and functions of the deputy consumer counselor for
senior citizens.
(3) Actively solicit the opinions, comments, and needs of
senior citizen utility customers.
(4) Educate senior citizen utility customers about available
utility conservation measures.
(5) Notify senior citizen utility customers about proceedings
before the commission, the Federal Energy Regulatory
Commission, the Federal Communications Commission, the
courts, and other public bodies.
(6) Establish and maintain a toll free telephone number or
numbers that serve as a hotline for inquiries, comments, and
suggestions from senior citizen utility customers. To the extent
available resources allow, the advocate shall promote and
advertise the hotline to senior citizen utility customers.
The deputy consumer counselor for senior citizens may satisfy the
requirements of subdivisions (2) through (5) by publishing or
soliciting information on the Internet through the computer
gateway administered by the intelenet commission under IC 5-21-2
and known as Access Indiana.
(g) Expenses incurred under subsection (f) shall be paid from an
appropriation made for that purpose by the general assembly, or
with the approval of the governor and the budget agency, from the
contingency fund established under IC 8-1-6-1.
(h) The deputy consumer counselor for senior citizens may, with
the approval of the utility consumer counselor, appear on behalf of
senior citizen utility customers in:
(1) hearings before the commission, the department of state
revenue, or the Indiana department of transportation;
(2) appeals from the orders of the commission, the
department of state revenue, or the Indiana department of
transportation; and
(3) other proceedings, suits, and actions in which the subject
matter of the action affects senior citizen utility customers.
(i) The deputy consumer counselor for senior citizens may, with
the approval of the consumer counselor, the governor, and the
budget agency, employ and fix the compensation of accountants,
utility economists, engineers, attorneys, stenographers, or other
assistants necessary to carry out the duties of the deputy consumer
counselor for senior citizens. The compensation of the deputy
consumer counselor for senior citizens and the staff shall be paid
from an appropriation made for that purpose by the general
assembly, or with the approval of the governor and the budget
agency, from the contingency fund established under IC 8-1-6-1.
(j) The deputy consumer counselor for senior citizens may
employ, with the approval of the consumer counselor, the
governor, and the budget agency, additional stenographers,
examiners, experts, engineers, assistant counselors, accountants,
and consulting firms with expertise in utility, motor carrier, or
railroad economics or management, or both, at salaries and
compensation and for a length of time as the consumer counselor,
the governor, and the budget agency may approve for a particular
case or investigation. The compensation for additional personnel
and the cost of transportation, hotel, telegram, and telephone bills
while traveling on public business shall be paid from the expert
witness fee account or, with the approval of the governor and the
budget agency, from the contingency fund established under
IC 8-1-6-1 on warrants drawn by the auditor of state and sworn to
by the parties who incurred the expenses.
(k) Expenses incurred by regular staff of the deputy consumer
counselor for senior citizens and approved by the deputy consumer
counselor for senior citizens shall be charged to and paid from the
contingency fund established under IC 8-1-6-1.
SOURCE: ; (01)HB1779.2.4. -->
SECTION 4. [EFFECTIVE JULY 1, 2001] (a) Notwithstanding
IC 8-1-1.1-9.2(d), as added by this act, the governor shall appoint
the deputy consumer counselor for small business before
September 1, 2001.
(b) This SECTION expires December 31, 2001.
SOURCE: ; (01)HB1779.2.5. -->
SECTION 5. [EFFECTIVE JULY 1, 2001]
(a) Notwithstanding
IC 8-1-1.1-9.2(f)(6), as added by this act, the deputy consumer
counselor for small business established under IC 8-1-1.1-9.2(d), as
added by this act, shall establish before December 31, 2001, a toll
free telephone number or numbers that serve as a hotline for
inquiries, comments, and suggestions from small business utility
customers.
(b) This SECTION expires January 2, 2002.
SECTION 6. [EFFECTIVE JULY 1, 2001]
(a) Notwithstanding
IC 8-1-1.1-9.3(d), as added by this act, the governor shall appoint
the deputy consumer counselor for senior citizens before
September 1, 2001.
(b) This SECTION expires December 31, 2001.
SOURCE: ; (01)HB1779.2.7. -->
SECTION 7. [EFFECTIVE JULY 1, 2001]
(a) Notwithstanding
IC 8-1-1.1-9.3(f)(7), as added by this act, the deputy consumer
counselor for senior citizens established under IC 8-1-1.1-9.3(d), as
added by this act, shall establish before December 31, 2001, a toll
free telephone number or numbers that serve as a hotline for
inquiries, comments, and suggestions from senior citizen utility
customers.
(b) This SECTION expires January 2, 2002.