Introduced Version
HOUSE BILL No. 1017
_____
DIGEST OF INTRODUCED BILL
Citations Affected:
IC 8-1-2.
Synopsis: IURC enforcement authority. Gives the Indiana utility
regulatory commission (IURC) authority to impose certain penalties on
a utility that violates Indiana utility law or fails to comply with an order
of the commission or a division of the commission. Provides for
imposition of the following penalties: (1) Not more than $25,000 for
each violation. (2) A cease and desist order. (3) An order that the utility
take corrective action to remedy the violation. (4) Revocation or
modification of the utility's certificate of territorial authority, certificate
of public convenience and necessity, or other permit issued by the
commission. Authorizes the attorney general to bring an action to
enforce a commission penalty. Provides for the deposit of a monetary
penalty in the public utility fund account. Authorizes the commission
or a division of the commission to order a utility to provide service
within 24 hours if the commission or division determines that the
provision of service is necessary to prevent injury to any person or to
alleviate an emergency. Provides that each day a utility fails to provide
service after ordered by the commission or a division is a separate
violation for purposes of the commission's authority to impose
monetary penalties. Repeals a superseded statute relating to the
commission's enforcement powers.
Effective: July 1, 2001.
Crooks
January 8, 2001, read first time and referred to Committee on Commerce, Economic
Development and Technology.
Introduced
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
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Additions: Whenever a new statutory provision is being enacted (or a new constitutional
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NEW will appear in that style type in the introductory clause of each SECTION that adds
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HOUSE BILL No. 1017
A BILL FOR AN ACT to amend the Indiana Code concerning
utilities.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 8-1-2-115.1; (01)IN1017.1.1. -->
SECTION 1.
IC 8-1-2-115.1
IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2001]:
Sec. 115.1. (a) As used in this section, "order" refers to an
order, a decision, a decree, a rule, a direction, a demand, or a
requirement of the commission or a division of the commission.
(b) As used in this section, "utility" refers to a public utility over
which the commission has jurisdiction.
(c) If after notice and hearing the commission finds that a utility
has:
(1) violated a provision of this title over which the commission
has jurisdiction; or
(2) failed to comply with any part of an order;
the commission may act as provided in subsection (d).
(d) The commission may issue an order that does any of the
following if the commission makes a finding under subsection (c):
(1) Impose a civil penalty of not more than twenty-five
thousand dollars ($25,000) for each violation or
noncompliance.
(2) Issue an order that the utility cease and desist from the
violation or noncompliance.
(3) Issue an order mandating corrective action to alleviate the
violation or noncompliance.
(4) Revoke or modify the terms of the utility's certificate of
territorial authority, certificate of public convenience and
necessity, or other permit issued by the commission.
(e) The attorney general may bring an action in the name of the
state of Indiana to enforce an order of the commission under
subsection (d), including the collection of an unpaid civil penalty
imposed by the commission under subsection (d)(1). The attorney
general may bring the action in a court that has jurisdiction.
(f) The secretary of the commission shall deposit any civil
penalties collected under this section in the commission public
utility fund account established under
IC 8-1-6.
(g) The authority granted under this section is in addition to,
and may be exercised independently of, any other authority
granted under this article.
SOURCE: IC 8-1-2-128; (01)IN1017.1.2. -->
SECTION 2.
IC 8-1-2-128
IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2001]: Sec. 128. (a) As used in this section, "utility" refers to a
public utility over which the commission has jurisdiction.
(b) If the commission or a division of the commission:
(1) determines that the provision of utility service is necessary
to prevent injury to any person or to alleviate an emergency;
and
(2) directs a utility to provide utility service;
the utility shall provide utility service within twenty-four (24)
hours after receiving direction from the commission or division of
the commission.
(c) If the commission finds a utility has violated subsection (b),
each day that the utility fails to provide service as directed by the
commission or a division of the commission is considered a
separate violation for purposes of imposing civil penalties under
section 115.1 of this chapter.
SOURCE: IC 8-1-2-115; (01)IN1017.1.3. -->
SECTION 3.
IC 8-1-2-115
IS REPEALED [EFFECTIVE JULY 1,
2001].