HB 1164 IN

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Became Law

Exempts a contract for the lease of state property under which no state expenditures are required from provisions: (1) requiring certain disclosures and certifications by a prospective state contractor regarding violations of Indiana telephone solicitation and automated calling statutes; (2) regarding cancellation of public purchasing contracts due to lack of funds; (3) regarding state contractor use of the E-Verify program; and (4) prohibiting state contractor employment of unauthorized aliens. Establishes a calculation for determining nondiscriminatory, just, and reasonable rental fees charged by: (1) rural electric cooperatives; and (2) municipalities providing electric service; that own or control electric distribution poles for attachments to those poles by cable operators. Sets forth rights and duties of pole owners and attaching entities with respect to: (1) unauthorized pole attachments; and (2) pole attachment transfers and relocations. Provides that the Indiana utility regulatory commission (IURC) may not require a communications service provider to: (1) file a tariff; or (2) report to the IURC any information that is: (A) available to the public on the communications service provider's Internet web site; (B) filed with the FCC; or (C) otherwise available to the public; except as required by the IURC to respond to consumer complaints or information requests from the general assembly. Makes the following changes to the statute concerning permits for wireless service providers: (1) Amends the factors that must exist for a permit authority to prohibit the placement of a new utility pole or wireless support structure in connection with the construction, placement, or use of a small cell facility in areas designated strictly for underground or buried utilities. (2) Provides that neighborhood associations, homeowners associations, and homeowners may request to be notified of applications by communications service providers for certain permitted uses of the rights-of-way in those designated areas, in addition to requesting notice of applications for new utility poles or new wireless support structures (as provided under current law). (3) Sets forth a procedure by which a permit authority may elect to collaborate with a neighborhood association or a homeowners association to adopt neighborhood specific guidelines on the preferred location and reasonable aesthetics of new utility poles or new wireless support structures within the neighborhood association's or homeowners association's jurisdiction. (4) Provides that a permit authority may not impose: (A) a restriction on maximum height of a wireless support structure, subject to certain federal regulations and state laws; or (B) a requirement regarding minimum separation distances between wireless support structures. Provides that a tariff filed with the IURC by a communications service provider is effective upon filing. Provides that a communications service provider may access public rights-of-way under the control of a county or municipality to the same extent as a public utility. Provides that a video service provider is not required to provide the IURC with information describing the provider's programming, including the provider's channel lineups or channel guides. Exempts a political subdivision's disposal of property by sale, exchange, transfer, or lease of the property to a public utility or a communications service provider from certain provisions regarding disposal of property by a political subdivision. Provides an exemption to the public works law for certain work done by the employees of a conservancy district established for the purpose of water or sewage treatment.

• Ethan Manning Republican · author
• Eric Koch Republican · sponsor
• Erin Houchin · sponsor
• Mark Messmer · sponsor

1. Jan 7, 2021 Authored by Representative Manning · lower
2. Jan 7, 2021 First reading: referred to Committee on Utilities, Energy and Telecommunications · lower
3. Feb 15, 2021 Committee report: amend do pass, adopted · lower
4. Feb 17, 2021 Second reading: ordered engrossed · lower
5. Feb 18, 2021 Representative Lauer added as coauthor · lower
6. Feb 18, 2021 Representative Soliday added as coauthor · lower
7. Feb 22, 2021 Senate sponsors: Senators Messmer, Koch, Houchin · lower
8. Feb 22, 2021 Cosponsor: Senator Donato · lower
9. Feb 22, 2021 Third reading: passed; Roll Call 227: yeas 54, nays 39 · lower
10. Feb 23, 2021 Referred to the Senate · lower
11. Feb 24, 2021 First reading: referred to Committee on Utilities · upper
12. Apr 8, 2021 Committee report: amend do pass, adopted · upper
13. Apr 12, 2021 Amendment #9 (Messmer) prevailed; voice vote · upper
14. Apr 12, 2021 Amendment #2 (Ford J.D.) failed; Roll Call 396: yeas 13, nays 37 · upper
15. Apr 12, 2021 Amendment #3 (Ford J.D.) failed; Roll Call 397: yeas 11, nays 39 · upper
16. Apr 12, 2021 Amendment #5 (Qaddoura) failed; Roll Call 398: yeas 12, nays 38 · upper
17. Apr 12, 2021 Amendment #6 (Qaddoura) failed; Roll Call 399: yeas 15, nays 35 · upper
18. Apr 12, 2021 Amendment #8 (Qaddoura) failed; Roll Call 400: yeas 16, nays 34 · upper
19. Apr 12, 2021 Amendment #7 (Qaddoura) failed; Roll Call 401: yeas 14, nays 36 · upper
20. Apr 12, 2021 Second reading: amended, ordered engrossed · upper
21. Apr 12, 2021 Amendment #1 (Ford J.D.) failed; Roll Call 395: yeas 11, nays 39 · upper
22. Apr 13, 2021 Third reading: passed; Roll Call 415: yeas 29, nays 19 · upper
23. Apr 14, 2021 Returned to the House with amendments · upper
24. Apr 15, 2021 Motion to concur filed · lower
25. Apr 20, 2021 House concurred in Senate amendments; Roll Call 472: yeas 55, nays 36 · lower
26. Apr 22, 2021 Signed by the Speaker · lower
27. Apr 23, 2021 Signed by the President Pro Tempore · upper
28. Apr 28, 2021 Signed by the President of the Senate · upper
29. Apr 29, 2021 Public Law 177 · lower
30. Apr 29, 2021 Signed by the Governor · executive

The published texts of this bill as it moves through the legislature. Each links to the official document on the state legislature site. Data from OpenStates.

• Enrolled House Bill (H) · Apr 20, 2021 · PDF
• Introduced House Bill (H) · Jan 5, 2021 · PDF
• House Bill (H) · Feb 15, 2021 · PDF
• House Bill (S) · Apr 8, 2021 · PDF
• Engrossed House Bill (S) · Apr 13, 2021 · PDF