Bill Text: IN HB1201 | 2013 | Regular Session | Introduced

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Bill Title: Municipal street light contracts.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2013-01-10 - First reading: referred to Committee on Local Government [HB1201 Detail]

Download: Indiana-2013-HB1201-Introduced.html

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Introduced Version

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HOUSE BILL No. 1201

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DIGEST OF INTRODUCED BILL

Citations Affected: IC 36-9-9-7.

Synopsis: Municipal street light contracts. Requires a contract or an order for the operation and maintenance of municipal street lights that is entered into or amended after June 30, 2013, to establish a procedure for issuing a refund to the municipality and, if applicable, the county, for nonfunctioning street lights.

Effective: July 1, 2013.

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Errington

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    January 10, 2013, read first time and referred to Committee on Local Government.

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Introduced

First Regular Session 118th General Assembly (2013)

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 this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2012 Regular Session of the General Assembly.

HOUSE BILL No. 1201

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    A BILL FOR AN ACT to amend the Indiana Code concerning local government.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 36-9-9-7; (13)IN1201.1.1. -->     SECTION 1. IC 36-9-9-7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 7. (a) The municipality shall make to the utility operating the lighting system all payments required to be made to the utility for its service, in strict accordance with the terms of the contract or order under which the utility is operating. The municipality shall make the payments from its general fund or from a fund set aside for street lighting purposes, and shall be reimbursed for payments made in behalf of property owners by the collection of the assessments as provided in this chapter.
     (b) A contract or order described in subsection (a) that is entered into or amended after June 30, 2013, must establish a procedure for issuing a refund to the municipality for nonfunctioning street lights. The procedure must include the following:
        (1) A requirement that the municipality notify the utility in writing of the location of the nonfunctioning street lights.
        (2) A reasonable period of not more than thirty (30) days

during which the utility must repair the nonfunctioning street lights.
        (3) A formula to calculate the amount of the refund owed to the municipality, based on the number of nonfunctioning street lights and the number of days the street lights were nonfunctioning.
        (4) If a county pays for maintenance or operation of any or all of the nonfunctioning street lights under IC 36-9-10-4, a method to allocate to the county a proportionate share of the refund calculated under subdivision (3).