HB 1206 IN

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Became Law

Amends as follows the statute setting forth the procedures by which certain small water or wastewater utilities may withdraw from and return to the jurisdiction of the Indiana utility regulatory commission (IURC): (1) Specifies that a sewage disposal company that is subject to the jurisdiction of the IURC for having been issued more than one enforcement order from the department of environmental management (department) may not seek to withdraw from the IURC's jurisdiction during the rate regulation period prescribed in the statute setting forth various requirements with respect to wastewater utilities that have been issued one or more enforcement orders by the department. (2) Authorizes a member or shareholder of the utility to cast a vote by secret absentee ballot on the question of the IURC's jurisdiction over the utility. (3) Provides that notice of the meeting on the question of the IURC's jurisdiction over the utility must be sent not less than 45 days (instead of 30 days, under current law) before the meeting and must include: (A) instructions regarding how a member or shareholder who wishes to cast a vote by absentee ballot may request an absentee ballot; (B) a statement that a request for an absentee ballot precludes a member or shareholder from voting in person at the meeting held on the question of withdrawal from the IURC's jurisdiction; (C) instructions for returning or delivering an absentee ballot; and (D) the deadline for returning an absentee ballot, which must be: (i) not earlier than 10 calendar days; and (ii) not later than five calendar days; before the meeting on the question, along with information as to when an absentee ballot will be considered received by the board. (4) Provides that the 5% quorum required for members or shareholders to transact business and to take official action regarding the question of the IURC's jurisdiction over the utility includes votes cast by absentee ballot. (5) Provides that if: (A) a utility successfully withdraws from the IURC's jurisdiction; (B) after the withdrawal, a referendum is held on the question of the utility returning to the IURC's jurisdiction; and (C) less than a majority of the votes cast are in favor of returning to the IURC's jurisdiction; another referendum on the question of returning to the IURC's jurisdiction may not be conducted for two years (instead of four years, under current law) following the date of the meeting at which the vote is conducted. (6) Makes conforming changes.

• Jennifer Meltzer Republican · author
• Eric Koch Republican · sponsor
• Jean Leising Republican · sponsor

1. Jan 9, 2024 Authored by Representative Meltzer · lower
2. Jan 9, 2024 First reading: referred to Committee on Utilities, Energy and Telecommunications · lower
3. Jan 18, 2024 Committee report: amend do pass, adopted · lower
4. Jan 22, 2024 Second reading: ordered engrossed · lower
5. Jan 22, 2024 Representative Zimmerman added as coauthor · lower
6. Jan 23, 2024 Third reading: passed; Roll Call 34: yeas 94, nays 1 · lower
7. Jan 23, 2024 Senate sponsor: Senator Koch · lower
8. Jan 24, 2024 Referred to the Senate · lower
9. Feb 5, 2024 First reading: referred to Committee on Utilities · upper
10. Feb 15, 2024 Committee report: do pass, adopted · upper
11. Feb 19, 2024 Second reading: ordered engrossed · upper
12. Feb 20, 2024 Senator Leising added as second sponsor · upper
13. Feb 20, 2024 Third reading: passed; Roll Call 170: yeas 49, nays 0 · upper
14. Feb 21, 2024 Returned to the House without amendments · upper
15. Feb 27, 2024 Signed by the Speaker · lower
16. Mar 4, 2024 Signed by the President Pro Tempore · upper
17. Mar 11, 2024 Public Law 60 · lower
18. Mar 8, 2024 Signed by the President of the Senate · upper
19. Mar 11, 2024 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) · PDF
• House Bill (H) · PDF
• House Bill (S) · PDF
• Introduced House Bill (H) · PDF