MR. PRESIDENT:
The Senate Committee on Judiciary, to which was referred Senate Bill No. 57, has had the
same under consideration and begs leave to report the same back to the Senate with the
recommendation that said bill be AMENDED as follows:
SOURCE: Page 140, line 5; (02)CR005701.140. -->
Page 140, line 5, delete "(c)".
Page 173, line 10, delete "IC 32-35-8" and insert " IC 32-34-8".
Page 173, line 30, delete "IC 32-35-8-18" and insert " IC
32-34-8-18".
Page 174, line 16, delete "IC 32-35-8," and insert " IC 32-34-8,".
Page 174, line 20, delete "IC 32-35-8." and insert " IC 32-34-8.".
Page 262, between lines 32 and 33, begin a new paragraph and
insert:
" Sec. 20. The court's approval of a receiver's partial account or
report, as provided in section 14 of this chapter, releases and
discharges the receiver and the surety on the receiver's bond for all
matters and things related to or contained in the partial account or
report.
Sec. 21. Upon the:
(1) court's approval of the receiver's final account or report,
as provided in section 14 of this chapter; and
(2) receiver's performance and compliance with the court's
order made on the final report;
the receiver and the surety on the receiver's bond shall be fully and
finally discharged and the court shall declare the receivership
estate finally settled and closed subject to the right of appeal of the
receiver or any creditor, shareholder, or other interested party
who has filed objections or exceptions as provided in section 18 of
this chapter.
Sec. 22. (a) This section applies to any action, proceeding, or
matter relating to or involving a receivership estate.
(b) Except as provided in subsections (c) and (d), a party to a
proceeding described in subsection (a) is entitled to a change of
judge or a change of venue from the county for the same reasons
and upon the same terms and conditions under which a change of
judge or a change of venue from the county is allowed in any civil
action.
(c) This section does not authorize a change of venue from the
county:
(1) concerning expenses allowed by the court incidental to the
operation, management, or administration of the receivership
estate;
(2) upon any petition or proceeding to remove a receiver; or
(3) upon the objections or exceptions to any partial or final
account or report of any receiver.
(d) A change of venue is not allowed from the county of the
administration of any receivership estate, or upon any petition or
proceeding to remove a receiver, or upon objections or exceptions
to a partial or final account or report of a receiver.".
Page 287, line 37, delete "9." and insert " 10.".
Page 288, line 3, delete "10." and insert " 11.".
Page 288, line 8, delete "11." and insert " 12.".
Page 288, line 11, delete "12." and insert " 13.".
Page 288, line 13, delete "13." and insert " 14.".
Page 288, line 15, delete "14." and insert " 15.".
Page 288, line 18, delete "15." and insert " 16.".
Page 288, line 23, delete "16." and insert " 17.".
Page 288, line 25, delete "17." and insert " 18.".
Page 288, line 35, delete "18." and insert " 19.".
Page 289, line 23, delete "19." and insert " 20.".
Page 300, delete lines 28 through 39.
Delete pages 301 through 319.
Page 320, delete lines 1 through 9.
Page 320, line 10, delete "IC 32-33" and insert "IC 32-32".
subject public utility:
(A) in compliance with law and the commission's orders; and
(B) to remedy any deficiencies found by the commission.
(c) Before making an order under subsection (b), the commission
shall give notice of the hearing to the following:
(1) The subject utility company.
(2) Other utility companies in Indiana.
(3) Appropriate public agencies and political subdivisions,
including all municipalities, located in the subject utility
company's service territory.
(d) An order under subsection (b)(1) must provide:
(1) that the person acquiring the subject utility company must pay
the fair market value of the subject utility company at the time of
acquisition; and
(2) the specific accounting methods and appraisal procedures and
terms by which the fair market value of the subject utility
company is to be determined.
(e) An order under subsection (b)(1) may provide cost recovery
mechanisms for costs associated with improvements to the acquired
system that are immediate and necessary to remedy deficiencies,
including any of the following:
(1) A mechanism for expediting any adjustments to the rate base
and rates of the person acquiring the subject utility company.
(2) Surcharges on customers of the acquired utility company
system to pay for extraordinary costs.
(3) A plan for deferring certain improvement costs and recovering
costs in phases.
(4) A plan for equalizing rates of the subject utility company with
the rates of the person acquiring the subject utility company, if
necessary.
(5) Other incentives to the person acquiring the subject utility
company, including adjustments to the allowed rate of return.
(f) If the commission makes an order under subsection (b)(2), the
attorney general shall file an action in a court with jurisdiction on
behalf of the commission for the appointment of a receiver under
IC 34-48.
IC 32-30-5.
The receiver appointed by the court:
(1) has the same rights and duties under Indiana law as a utility
company providing water or sewer service; and
obligations owed to depositors, or when a licensee refuses to submit the
licensee's records or property to lawful inspection, the director may
give notice to the licensee to do any of the following:
(1) Cover the shortage with grain that is fully paid for.
(2) Give additional bond, letter of credit, or cash deposit as
required by the director.
(3) Submit to inspection as the director may deem necessary.
(b) If the licensee fails to comply with the terms of the notice within
five (5) business days from the date of its issuance, or within an
extension of time that the director may allow, the director may petition
the circuit court of the Indiana county where the licensee's principal
place of business is located seeking the appointment of a receiver. If
the court determines in accordance with IC 34-48-1
IC 32-30-5
that a
receiver should be appointed, upon the request of the licensee the court
may appoint the agency or its representative to act as receiver. The
agency or its representative shall not be appointed as receiver except
upon the request of the licensee. If the agency or its representative is
appointed, any person interested in an action as described in
IC 34-48-1-2
IC 32-30-5-2
may after twenty (20) days request that the
agency or its representative be removed as receiver. If the agency or its
representative is not serving as receiver, the receiver appointed shall
meet and confer with representatives of the agency regarding the
licensee's grain related obligations and, before taking any actions
regarding those obligations, the receiver and the court shall consider
the agency's views and comments.".
SOURCE: Page 465, line 4; (02)CR005701.465. -->
Page 465, line 4, delete "IC 32-35-1." and insert " IC 32-34-1.".
Page 470, between lines 26 and 27, begin a new paragraph and
insert:
SOURCE: IC 27-5-9-21; (02)CR005701.85. -->
"SECTION 85.
IC 27-5-9-21
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 21. (a) A receiver may
be appointed for any such corporation under IC 34-48-1. In the event
of the appointment of
IC 32-30-5.
(b) If a receiver is appointed for any such corporation, such the
receiver shall be is entitled to receive all securities of such the
company deposited with the insurance commissioner. And
(c) Receivers may be appointed by the courts of this state for foreign
corporations doing business in this state Indiana under this chapter.
and such The receivers shall have the right to the possession of any
securities of such the corporation in the hands of the commissioner.
And
(d) Receivers appointed under the provisions of this chapter shall
collect or dispose of securities and pay out the funds realized therefrom
from the securities as the courts appointing them the receivers may
direct.".
SOURCE: Page 472, line 35; (02)CR005701.472. -->
Page 472, between lines 35 and 36, begin a new paragraph and
insert:
SOURCE: IC 34-6-2-103; (02)CR005701.91. -->
"SECTION 91.
IC 34-6-2-103
, AS AMENDED BY P.L.95-2001,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 103. (a) "Person", for purposes of IC 34-14, has
the meaning set forth in
IC 34-14-1-13.
(b) "Person", for purposes of IC 34-19-2, has the meaning set forth
in IC 35-41-1.
(c) (b) "Person", for purposes of
IC 34-24-4
, means:
(1) an individual;
(2) a governmental entity;
(3) a corporation;
(4) a firm;
(5) a trust;
(6) a partnership; or
(7) an incorporated or unincorporated association that exists
under or is authorized by the laws of this state, another state, or a
foreign country.
(d) (c) "Person", for purposes of
IC 34-26-2
, includes individuals at
least eighteen (18) years of age and emancipated minors.
(e) (d) "Person", for purposes of
IC 34-26-4
, has the meaning set
forth in
IC 35-41-1-22.
(f) (e) "Person", for purposes of
IC 34-30-5
, means any of the
following:
(1) An individual.
(2) A corporation.
(3) A partnership.
(4) An unincorporated association.
(5) The state (as defined in
IC 34-6-2-140
).
(6) A political subdivision (as defined in
IC 34-6-2-110
).
(7) Any other entity recognized by law.
(g) (f) "Person", for purposes of
IC 34-30-6
, means an individual, a
corporation, a limited liability company, a partnership, an
unincorporated association, or a governmental entity that:
(1) has qualifications or experience in:
(A) storing, transporting, or handling a hazardous substance or
compressed gas;
(B) fighting fires;
(C) emergency rescue; or
(D) first aid care; or
(2) is otherwise qualified to provide assistance appropriate to
remedy or contribute to the remedy of the emergency.
(h) (g) "Person", for purposes of
IC 34-30-18
, includes:
(1) an individual;
(2) an incorporated or unincorporated organization or association;
(3) the state of Indiana;
(4) a political subdivision (as defined in
IC 36-1-2-13
);
(5) an agency of the state or a political subdivision; or
(6) a group of such persons acting in concert.
(i) (h) "Person", for purposes of sections 42, 43, 69, and 95 of this
chapter, means an individual, an incorporated or unincorporated
organization or association, or a group of such persons acting in
concert.
(j) (i) "Person" for purposes of
IC 34-30-10.5
, means the following:
(1) A political subdivision (as defined in
IC 36-1-2-13
).
(2) A volunteer fire department (as defined in
IC 36-8-12-2
).
(3) An employee of an entity described in subdivision (1) or (2)
who acts within the scope of the employee's responsibilities.
(4) A volunteer firefighter (as defined in
IC 36-8-12-2
) who is
acting for a volunteer fire department.".
SOURCE: Page 473, line 30; (02)CR005701.473. -->
Page 473, between lines 30 and 31, begin a new paragraph and
insert:
SOURCE: IC 34-26-1-1; (02)CR005701.94. -->
"SECTION 94.
IC 34-26-1-1
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 1. In addition to the
injunctions and restraining orders discussed in this article, the
following statutes also contain provisions concerning injunctions or
restraining orders:
(1) IC 34-19-1
IC 32-30-6
(governing nuisance actions).
(2) IC 34-19-2
IC 32-30-7
(governing actions for indecent
nuisance).
crime, based on the actual cost of repair (or replacement if repair
is inappropriate);
(2) medical and hospital costs incurred by the victim (before the
date of sentencing) as a result of the crime;
(3) earnings lost by the victim (before the date of sentencing) as
a result of the crime including earnings lost while the victim was
hospitalized or participating in the investigation or trial of the
crime; and
(4) funeral, burial, or cremation costs incurred by the family or
estate of a homicide victim as a result of the crime.
(b) A restitution order under subsection (a) or (i) is a judgment lien
that:
(1) attaches to the property of the person subject to the order;
(2) may be perfected;
(3) may be enforced to satisfy any payment that is delinquent
under the restitution order by the person in whose favor the order
is issued or the person's assignee; and
(4) expires;
in the same manner as a judgment lien created in a civil proceeding.
(c) When a restitution order is issued under subsection (a), the
issuing court may order the person to pay the restitution, or part of the
restitution, directly to the victim services division of the Indiana
criminal justice institute in an amount not exceeding:
(1) the amount of the award, if any, paid to the victim under
IC 5-2-6.1
; and
(2) the cost of the reimbursements, if any, for emergency services
provided to the victim under
IC 16-10-1.5
(before its repeal) or
IC 16-21-8.
The victim services division of the Indiana criminal justice institute
shall deposit the restitution received under this subsection in the
violent crime victims compensation fund established by
IC 5-2-6.1-40.
(d) When a restitution order is issued under subsection (a) or (i), the
issuing court shall send a certified copy of the order to the clerk of the
circuit court in the county where the felony or misdemeanor charge was
filed. The restitution order must include the following information:
(1) The name and address of the person that is to receive the
restitution.
(2) The amount of restitution the person is to receive.
and when so amended that said bill do pass.
Committee Vote: Yeas 8, Nays 0.
Bray
CR005701/DI 69 2002