HB 1181-5_ Filed 04/09/2001, 10:13

SENATE MOTION


MR. PRESIDENT:

    I move
that Engrossed House Bill 1181 be amended to read as follows:

SOURCE: Page 3, line 32; (01)MO118104.3. -->     Page 3, between lines 32 and 33, begin a new paragraph and insert:
SOURCE: IC 8-1-2.6-9; (01)MO118104.4. -->     “SECTION 4. IC 8-1-2.6-9 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 9. (a) A telephone company that provides local exchange service may not do either of the following:
        (1) By acting or failing to act, prevent or inhibit competition in the provision of local exchange service in Indiana.
        (2) Impose unreasonable requirements on other persons that offer or propose to offer local exchange service in Indiana.
    (b) The commission may:
        (1) on its own motion;
        (2) at the request of the utility consumer counselor;
        (3) at the request of one (1) or more telephone companies; or
        (4) at the request of any class satisfying the standing requirements of IC  8-1-2-54;
begin a proceeding to determine if a telephone company has violated subsection (a).
    (c) If, after notice and hearing, the commission determines that a telephone company has violated subsection (a), the commission may impose a civil penalty under IC 8-1-2-109.
    (d) The commission shall adopt rules under IC 4-22-2 to establish a procedure to expedite proceedings under this section. The procedure must provide that the initial hearing in a proceeding under this section must be set for a date not later than thirty (30) days after the motion or request is filed under subsection (b).
".
    Renumber all SECTIONS consecutively.
    (Reference is to EHB 1181 as printed April 6, 2001.)

________________________________________

Senator GARD


MO118104/DI 75     2001