Bill Text: IN HB1352 | 2011 | Regular Session | Introduced


Bill Title: Utility regulatory commission membership.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-01-18 - First reading: referred to Committee on Elections and Apportionment [HB1352 Detail]

Download: Indiana-2011-HB1352-Introduced.html


Introduced Version






HOUSE BILL No. 1352

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 2-5-1.5-5; IC 3-5-2-48; IC 3-8-1; IC 3-10; IC 3-11-2-12; IC 4-1-6-1; IC 4-2; IC 4-3-6-2; IC 5-8-3.5-1; IC 5-14-3-3.5; IC 5-24-1-2; IC 8-1-1; IC 8-1-1.5.

Synopsis: Utility regulatory commission membership. Provides for the election of the members of the Indiana utility regulatory commission beginning with the 2012 general election. Makes technical changes. Repeals the statute establishing the utility regulatory commission nominating committee.

Effective: July 1, 2011; January 1, 2013.





Pelath




    January 18, 2011, read first time and referred to Committee on Elections and Apportionment.







Introduced

First Regular Session 117th General Assembly (2011)


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 2010 Regular Session of the General Assembly.

HOUSE BILL No. 1352



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

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

SOURCE: IC 2-5-1.5-5; (11)IN1352.1.1. -->     SECTION 1. IC 2-5-1.5-5, AS AMENDED BY P.L.127-2008, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 5. As used in this chapter, "public officer" refers to any of the following:
        (1) The governor.
        (2) The lieutenant governor.
        (3) The secretary of state.
        (4) The auditor of state.
        (5) The treasurer of state.
        (6) The attorney general.
        (7) The state superintendent of public instruction.
         (8) Beginning January 1, 2013, the chair of the Indiana utility regulatory commission.
        (9) Beginning January 1, 2013, a member of the Indiana utility regulatory commission other than the chair.

        (8) (10) A justice of the supreme court of Indiana.
        (9) (11) A judge of the court of appeals of Indiana.
        (10) (12) A judge of the Indiana tax court.
        (11) (13) A judge of a circuit, superior, probate, or county court.
        (12) (14) A member of the general assembly.
SOURCE: IC 3-5-2-48; (11)IN1352.1.2. -->     SECTION 2. IC 3-5-2-48 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 48. "State office" refers to the following offices:
        (1) The
governor.
         (2) The lieutenant governor.
         (3) The secretary of state.
         (4) The auditor of state.
         (5) The treasurer of state.
         (6) The superintendent of public instruction.
         (7) The attorney general.
         (8) A justice of the supreme court.
         (9) A judge of the court of appeals. and
         (10) A judge of the tax court.
         (11) The chair of the Indiana utility regulatory commission.
        (12) A member of the Indiana utility regulatory commission other than the chair.

SOURCE: IC 3-8-1-10.7; (11)IN1352.1.3. -->     SECTION 3. IC 3-8-1-10.7 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 10.7. A candidate for the office of the chair of the Indiana utility regulatory commission must satisfy the following:
        (1) The candidate must have resided in Indiana for at least two (2) years before the election.
        (2) The candidate must have been admitted to the practice of law in Indiana for at least five (5) years before the election.
        (3) The candidate must satisfy IC 8-1-1-2(i) before the election.

SOURCE: IC 3-8-1-10.9; (11)IN1352.1.4. -->     SECTION 4. IC 3-8-1-10.9 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 10.9. A candidate for the office of member of the Indiana utility regulatory commission other than the chair must satisfy the following:
        (1) The candidate must have resided in Indiana for at least two (2) years before the election.
        (2) The candidate must satisfy IC 8-1-1-2(i) before the election.

SOURCE: IC 3-8-1-33; (11)IN1352.1.5. -->     SECTION 5. IC 3-8-1-33, AS AMENDED BY P.L.2-2005, SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 33. (a) A candidate for an office listed in subsection (b) must file a statement of economic interests.
    (b) Whenever a candidate for any of the following offices is also required to file a declaration of candidacy or is nominated by petition, the candidate shall file a statement of economic interests before filing the declaration of candidacy or declaration of intent to be a write-in candidate, before the petition of nomination is filed, before the certificate of nomination is filed, or before being appointed to fill a candidate vacancy under IC 3-13-1 or IC 3-13-2:
        (1) Governor, lieutenant governor, secretary of state, auditor of state, treasurer of state, attorney general, chair of the Indiana utility regulatory commission, member of the Indiana utility regulatory commission (other than the chair of the Indiana utility regulatory commission), and state superintendent of public instruction, in accordance with IC 4-2-6-8.
        (2) Senator and representative in the general assembly, in accordance with IC 2-2.1-3-2.
        (3) Justice of the supreme court, judge of the court of appeals, judge of the tax court, judge of a circuit court, judge of a superior court, judge of a county court, judge of a probate court, and prosecuting attorney, in accordance with IC 33-23-11-14 and IC 33-23-11-15.
SOURCE: IC 3-10-1-4; (11)IN1352.1.6. -->     SECTION 6. IC 3-10-1-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 4. (a) At a primary election each political party subject to section 2 of this chapter shall nominate its candidates for the following offices to be voted for at the general election:
        (1) United States Senator.
        (2) Governor.
        (3) United States Representative.
        (4) Legislative offices.
         (5) The chair of the Indiana utility regulatory commission.
        (6) The members of the Indiana utility regulatory commission other than the chair.

        (5) (7) Local offices.
    (b) In addition, each political party subject to section 2 of this chapter shall:
        (1) vote on candidates for nomination as President of the United States;
        (2) elect delegates from each county to the party's state convention; and
        (3) elect a precinct committeeman for each precinct in the county if precinct committeemen are to be elected under section 4.5 of this chapter.
SOURCE: IC 3-10-2-6; (11)IN1352.1.7. -->     SECTION 7. IC 3-10-2-6, AS AMENDED BY P.L.230-2005, SECTION 38, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 6. The following public officials shall be elected in 2008 2012 and every four (4) years thereafter:
        (1) Governor.
        (2) Lieutenant governor.
        (3) Attorney general.
        (4) Superintendent of public instruction.
         (5) Two (2) members of the Indiana utility regulatory commission other than the chair.
SOURCE: IC 3-10-2-7; (11)IN1352.1.8. -->     SECTION 8. IC 3-10-2-7, AS AMENDED BY P.L.230-2005, SECTION 39, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 7. The following public officials shall be elected in 2006 2014 and every four (4) years thereafter:
        (1) Secretary of state.
        (2) Auditor of state.
        (3) Treasurer of state.
         (4) The chair of the Indiana utility regulatory commission.
        (5) Two (2) members of the Indiana utility regulatory commission other than the chair.

SOURCE: IC 3-10-2-7.3; (11)IN1352.1.9. -->     SECTION 9. IC 3-10-2-7.3 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 7.3. (a) Notwithstanding sections 6 and 7 of this chapter, the following public officials shall be elected at the 2012 general election:
        (1) The chair of the Indiana utility regulatory commission.
        (2) The four (4) members of the Indiana utility regulatory commission other than the chair.
    (b) This section expires January 1, 2014.

SOURCE: IC 3-11-2-12; (11)IN1352.1.10. -->     SECTION 10. IC 3-11-2-12, AS AMENDED BY P.L.146-2008, SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 12. The following offices shall be placed on the general election ballot in the following order:
        (1) Federal and state offices:
            (A) President and Vice President of the United States.
            (B) United States Senator.
            (C) Governor and lieutenant governor.
            (D) Secretary of state.
            (E) Auditor of state.
            (F) Treasurer of state.
            (G) Attorney general.
            (H) Superintendent of public instruction.
             (I) Chair of the Indiana utility regulatory commission.
            (J) Member of the Indiana utility regulatory commission other than the chair.

            (I) (K) United States Representative.
        (2) Legislative offices:
            (A) State senator.
            (B) State representative.
        (3) Circuit offices and county judicial offices:
            (A) Judge of the circuit court, and unless otherwise specified under IC 33, with each division separate if there is more than one (1) judge of the circuit court.
            (B) Judge of the superior court, and unless otherwise specified under IC 33, with each division separate if there is more than one (1) judge of the superior court.
            (C) Judge of the probate court.
            (D) Judge of the county court, with each division separate, as required by IC 33-30-3-3.
            (E) Prosecuting attorney.
            (F) Clerk of the circuit court.
        (4) County offices:
            (A) County auditor.
            (B) County recorder.
            (C) County treasurer.
            (D) County sheriff.
            (E) County coroner.
            (F) County surveyor.
            (G) County assessor.
            (H) County commissioner.
            (I) County council member.
        (5) Township offices:
            (A) Township assessor (only in a township referred to in IC 36-6-5-1(d)).
            (B) Township trustee.
            (C) Township board member.
            (D) Judge of the small claims court.
            (E) Constable of the small claims court.
        (6) City offices:
            (A) Mayor.
            (B) Clerk or clerk-treasurer.
            (C) Judge of the city court.
            (D) City-county council member or common council member.
        (7) Town offices:
            (A) Clerk-treasurer.
            (B) Judge of the town court.
            (C) Town council member.
SOURCE: IC 4-1-6-1; (11)IN1352.1.11. -->     SECTION 11. IC 4-1-6-1, AS AMENDED BY P.L.2-2007, SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1. As used in The following definitions apply throughout this chapter: the term:
        (a) (1) "Personal information system" means any recordkeeping process, whether automated or manual, containing personal information and the name, personal number, or other identifying particulars of a data subject.
        (b) (2) "Personal information" means any information that describes, locates, or indexes anything about an individual or that affords a basis for inferring personal characteristics about an individual including, but not limited to, his the individual's education, financial transactions, medical history, criminal or employment records, finger and voice prints, photographs, or his the individual's presence, registration, or membership in an organization or activity or admission to an institution.
        (c) (3) "Data subject" means an individual about whom personal information is indexed or may be located under his the individual's name, personal number, or other identifiable particulars, in a personal information system.
        (d) (4) "State agency" means every agency, board, commission, department, bureau, or other entity of the administrative branch of Indiana state government, except those which are the responsibility of any of the following:
            (A)
The auditor of state.
             (B) The treasurer of state.
             (C) The secretary of state.
             (D) The attorney general.
             (E) The superintendent of public instruction. and excepting
             (F) Beginning January 1, 2013, the Indiana utility regulatory commission.
            (G)
The department of state police and department.
            (H) The
state educational institutions.
        (e) (5) "Confidential" means information which has been so designated by statute or by promulgated rule or regulation based on statutory authority.
SOURCE: IC 4-2-1-1.5; (11)IN1352.1.12. -->     SECTION 12. IC 4-2-1-1.5, AS ADDED BY P.L.43-2007, SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1.5. (a) Subject to subsection (b), the salary of the

state elected officials other than the governor is as follows:
        (1) For the lieutenant governor, seventy-six thousand dollars ($76,000) per year. However, the lieutenant governor is not entitled to receive per diem allowance for performance of duties as president of the senate.
        (2) For the secretary of state, sixty-six thousand dollars ($66,000) per year.
        (3) For the auditor of state, sixty-six thousand dollars ($66,000) per year.
        (4) For the treasurer of state, sixty-six thousand dollars ($66,000) per year.
        (5) For the attorney general, seventy-nine thousand four hundred dollars ($79,400) per year.
        (6) For the state superintendent of public instruction, seventy-nine thousand four hundred dollars ($79,400) per year.
         (7) Beginning January 1, 2013, for the chair of the Indiana utility regulatory commission, one hundred seven thousand five hundred dollars ($107,500).
        (8) Beginning January 1, 2013, for a member of the Indiana utility regulatory commission other than the chair, one hundred five thousand dollars ($105,000).

    (b) Beginning January 1, 2008, the part of the total salary of a state elected official is increased on January 1 of each year after a year in which the general assembly does not amend this section to provide a salary increase for the state elected official. Beginning January 1, 2013, the part of the total salary of a member of the Indiana utility regulatory commission is increased as provided in this section for other state elected officials.
    (c) The percentage by which salaries are increased under this section is equal to the statewide average percentage, as determined by the budget director, by which the salaries of state employees in the executive branch who are in the same or a similar salary bracket exceed, for the current state fiscal year, the salaries of executive branch state employees in the same or a similar salary bracket that were in effect on January 1 of the immediately preceding year.
    (d) The amount of a salary increase under this section is equal to the amount determined by applying the percentage increase for the particular year to the salary of the state elected official, as previously adjusted under this section, that is in effect on January 1 of the immediately preceding year.
    (e) A state elected official is not entitled to receive a salary increase under this section on January 1 of a state fiscal year in which state

employees described in subsection (c) do not receive a statewide average salary increase.
    (f) If a salary increase is required under this section, an amount sufficient to pay for the salary increase is appropriated from the state general fund.

SOURCE: IC 4-2-6-1; (11)IN1352.1.13. -->     SECTION 13. IC 4-2-6-1, AS AMENDED BY P.L.2-2007, SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1. (a) As used in this chapter, and unless the context clearly denotes otherwise:
        (1) "Advisory body" means an authority, a board, a commission, a committee, a task force, or other body designated by any name of the executive department that is authorized only to make nonbinding recommendations.
        (2) "Agency" means an authority, a board, a branch, a bureau, a commission, a committee, a council, a department, a division, an office, a service, or other instrumentality of the executive, including the administrative, department of state government. The term includes a body corporate and politic set up as an instrumentality of the state and a private, nonprofit, government related corporation. The term does not include any of the following:
            (A) The judicial department of state government.
            (B) The legislative department of state government.
            (C) A state educational institution.
            (D) A political subdivision.
        (3) "Appointing authority" means the chief administrative officer of an agency. The term does not include a state officer.
        (4) "Assist" means to:
            (A) help;
            (B) aid;
            (C) advise; or
            (D) furnish information to;
        a person. The term includes an offer to do any of the actions in clauses (A) through (D).
        (5) "Business relationship" includes the following:
            (A) Dealings of a person with an agency seeking, obtaining, establishing, maintaining, or implementing:
                (i) a pecuniary interest in a contract or purchase with the agency; or
                (ii) a license or permit requiring the exercise of judgment or discretion by the agency.
            (B) The relationship a lobbyist has with an agency.
            (C) The relationship an unregistered lobbyist has with an agency.
        (6) "Commission" refers to the state ethics commission created under section 2 of this chapter.
        (7) "Compensation" means any money, thing of value, or financial benefit conferred on, or received by, any person in return for services rendered, or for services to be rendered, whether by that person or another.
        (8) "Employee" means an individual, other than a state officer, who is employed by an agency on a full-time, a part-time, a temporary, an intermittent, or an hourly basis. The term includes an individual who contracts with an agency for personal services.
        (9) "Employer" means any person from whom a state officer or employee or the officer's or employee's spouse received compensation. For purposes of this chapter, a customer or client of a self-employed individual in a sole proprietorship or a professional practice is not considered to be an employer.
        (10) "Financial interest" means an interest:
            (A) in a purchase, sale, lease, contract, option, or other transaction between an agency and any person; or
            (B) involving property or services.
        The term includes an interest arising from employment or prospective employment for which negotiations have begun. The term does not include an interest of a state officer or employee in the common stock of a corporation unless the combined holdings in the corporation of the state officer or the employee, that individual's spouse, and that individual's unemancipated children are more than one percent (1%) of the outstanding shares of the common stock of the corporation. The term does not include an interest that is not greater than the interest of the general public or any state officer or any state employee.
        (11) "Information of a confidential nature" means information:
            (A) obtained by reason of the position or office held; and
            (B) which:
                (i) a public agency is prohibited from disclosing under IC 5-14-3-4(a);
                (ii) a public agency has the discretion not to disclose under IC 5-14-3-4(b) and that the agency has not disclosed; or
                (iii) is not in a public record, but if it were, would be confidential.
        (12) "Person" means any individual, proprietorship, partnership, unincorporated association, trust, business trust, group, limited

liability company, or corporation, whether or not operated for profit, or a governmental agency or political subdivision.
        (13) "Political subdivision" means a county, city, town, township, school district, municipal corporation, special taxing district, or other local instrumentality. The term includes an officer of a political subdivision.
        (14) "Property" has the meaning set forth in IC 35-41-1-23.
        (15) "Represent" means to do any of the following on behalf of a person:
            (A) Attend an agency proceeding.
            (B) Write a letter.
            (C) Communicate with an employee of an agency.
        (16) "Special state appointee" means a person who is:
            (A) not a state officer or employee; and
            (B) elected or appointed to an authority, a board, a commission, a committee, a council, a task force, or other body designated by any name that:
                (i) is authorized by statute or executive order; and
                (ii) functions in a policy or an advisory role in the executive (including the administrative) department of state government, including a separate body corporate and politic.
        (17) "State officer" means any of the following:
            (A) The governor.
            (B) The lieutenant governor.
            (C) The secretary of state.
            (D) The auditor of state.
            (E) The treasurer of state.
            (F) The attorney general.
            (G) The superintendent of public instruction.
             (H) Beginning January 1, 2013, the chair of the Indiana utility regulatory commission.
            (I) Beginning January 1, 2013, a member of the Indiana utility regulatory commission other than the chair.

        (18) The masculine gender includes the masculine and feminine.
        (19) The singular form of any noun includes the plural wherever appropriate.
    (b) The definitions in IC 4-2-7 apply throughout this chapter.

SOURCE: IC 4-2-6-8; (11)IN1352.1.14. -->     SECTION 14. IC 4-2-6-8, AS AMENDED BY P.L.89-2006, SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 8. (a) The following persons shall file a written financial disclosure statement:
        (1) The following:
            (A)
The governor.
             (B) The lieutenant governor.
             (C) The secretary of state.
             (D) The auditor of state.
             (E) The treasurer of state.
             (F) The attorney general. and
             (G) The state superintendent of public instruction.
             (H) Beginning January 1, 2013, the chair of the Indiana utility regulatory commission.
            (I) Beginning January 1, 2013, a member of the Indiana utility regulatory commission other than the chair.

        (2) Any candidate for one (1) of the offices in subdivision (1) who is not the holder of one (1) of those offices.
        (3) Any person who is the appointing authority of an agency.
        (4) The director of each division of the department of administration.
        (5) Any purchasing agent within the procurement division of the department of administration.
        (6) Any agency employee, special state appointee, former agency employee, or former special state appointee with final purchasing authority.
        (7) An employee required to do so by rule adopted by the inspector general.
    (b) The statement shall be filed with the inspector general as follows:
        (1) Not later than February 1 of every year, in the case of the state officers and employees enumerated in subsection (a).
        (2) If the individual has not previously filed under subdivision (1) during the present calendar year and is filing as a candidate for a state office listed in subsection (a)(1), before filing a declaration of candidacy under IC 3-8-2 or IC 3-8-4-11, petition of nomination under IC 3-8-6, or declaration of intent to be a write-in candidate under IC 3-8-2-2.5, or before a certificate of nomination is filed under IC 3-8-7-8, in the case of a candidate for one (1) of the state offices (unless the statement has already been filed when required under IC 3-8-4-11).
        (3) Not later than sixty (60) days after employment or taking office, unless the previous employment or office required the filing of a statement under this section.
        (4) Not later than thirty (30) days after leaving employment or office, unless the subsequent employment or office requires the filing of a statement under this section.
The statement must be made under affirmation.
    (c) The statement shall set forth the following information for the preceding calendar year or, in the case of a state officer or employee who leaves office or employment, the period since a previous statement was filed:
        (1) The name and address of any person known:
            (A) to have a business relationship with the agency of the state officer or employee or the office sought by the candidate; and
            (B) from whom the state officer, candidate, or the employee, or that individual's spouse or unemancipated children received a gift or gifts having a total fair market value in excess of one hundred dollars ($100).
        (2) The location of all real property in which the state officer, candidate, or the employee or that individual's spouse or unemancipated children has an equitable or legal interest either amounting to five thousand dollars ($5,000) or more or comprising ten percent (10%) of the state officer's, candidate's, or the employee's net worth or the net worth of that individual's spouse or unemancipated children. An individual's primary personal residence need not be listed, unless it also serves as income property.
        (3) The names and the nature of the business of the employers of the state officer, candidate, or the employee and that individual's spouse.
        (4) The following information about any sole proprietorship owned or professional practice operated by the state officer, candidate, or the employee or that individual's spouse:
            (A) The name of the sole proprietorship or professional practice.
            (B) The nature of the business.
            (C) Whether any clients are known to have had a business relationship with the agency of the state officer or employee or the office sought by the candidate.
            (D) The name of any client or customer from whom the state officer, candidate, employee, or that individual's spouse received more than thirty-three percent (33%) of the state officer's, candidate's, employee's, or that individual's spouse's nonstate income in a year.
        (5) The name of any partnership of which the state officer, candidate, or the employee or that individual's spouse is a member and the nature of the partnership's business.
        (6) The name of any corporation (other than a church) of which

the state officer, candidate, or the employee or that individual's spouse is an officer or a director and the nature of the corporation's business.
        (7) The name of any corporation in which the state officer, candidate, or the employee or that individual's spouse or unemancipated children own stock or stock options having a fair market value in excess of ten thousand dollars ($10,000). However, if the stock is held in a blind trust, the name of the administrator of the trust must be disclosed on the statement instead of the name of the corporation. A time or demand deposit in a financial institution or insurance policy need not be listed.
        (8) The name and address of the most recent former employer.
        (9) Additional information that the person making the disclosure chooses to include.
Any such state officer, candidate, or employee may file an amended statement upon discovery of additional information required to be reported.
    (d) A person who:
        (1) fails to file a statement required by rule or this section in a timely manner; or
        (2) files a deficient statement;
upon a majority vote of the commission, is subject to a civil penalty at a rate of not more than ten dollars ($10) for each day the statement remains delinquent or deficient. The maximum penalty under this subsection is one thousand dollars ($1,000).
    (e) A person who intentionally or knowingly files a false statement commits a Class A infraction.

SOURCE: IC 4-3-6-2; (11)IN1352.1.15. -->     SECTION 15. IC 4-3-6-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 2. As used in The following definitions apply throughout this chapter:
        (1) "Agency" means any executive or administrative department, commission, council, board, bureau, division, service, office, officer, administration, or other establishment in the executive or administrative branch of the state government not provided for by the constitution. The term "Agency" does not include the following:
            (A) The
secretary of state.
             (B) The auditor of state.
             (C) The treasurer of state.
             (D) The lieutenant governor.
             (E) The state superintendent of public instruction. and
             (F) The attorney general. nor
             (G) Beginning January 1, 2013, the Indiana utility regulatory commission.
            (H)
The departments of which they any of the officers listed in clauses (A) through (F) are, by the statutes first adopted setting out their duties, the administrative heads.
        (2) "Reorganization" means:
            (A) the transfer of the whole or any part of any agency, or of the whole or any part of the functions thereof, to the jurisdiction and control of any other agency;
            (B) the abolition of all or any part of the functions of any agency;
            (C) the consolidation or coordination of the whole or any part of any agency, or of the whole or any part of the functions thereof, with the whole or any part of any other agency or the functions thereof;
            (D) the consolidation or coordination of any part of any agency or the functions thereof with any other part of the same agency or the functions thereof;
            (E) the authorization of any officer to delegate any of his the officer's functions; or
            (F) the abolition of the whole or any part of any agency which agency or part does not have, or upon the taking effect of a reorganization plan will not have, any functions.
SOURCE: IC 5-8-3.5-1; (11)IN1352.1.16. -->     SECTION 16. IC 5-8-3.5-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1. (a) An officer who wants to resign shall give written notice of the officer's resignation as follows:
        (1) The governor and lieutenant governor shall notify the principal clerk of the house of representatives and the principal secretary of the senate to act in accordance with Article 5, Section 10 of the Constitution of the State of Indiana. The clerk and the secretary shall file a copy of the notice with the office of the secretary of state.
        (2) A member of the general assembly shall notify the following, whichever applies:
            (A) A member of the senate shall notify the president pro tempore of the senate.
            (B) A member of the house of representatives shall notify the speaker of the house of representatives.
        (3) The following officers commissioned by the governor under IC 4-3-1-5 shall notify the governor:
            (A) An elector or alternate elector for President and Vice

President of the United States.
            (B) The following officers:
                (i) The
secretary of state.
                 (ii) The auditor of state.
                 (iii) The treasurer of state.
                 (iv) The superintendent of public instruction. or
                 (v) The attorney general.
                 (vi) Beginning January 1, 2013, the chair of the Indiana utility regulatory commission.
                (vii) Beginning January 1, 2013, a member of the Indiana utility regulatory commission other than the chair.

            (C) An officer elected by the general assembly, the senate, or the house of representatives.
            (D) A justice of the Indiana supreme court, judge of the Indiana court of appeals, or judge of the Indiana tax court.
            (E) A judge of a circuit, city, county, probate, superior, town, or township small claims court.
            (F) A prosecuting attorney.
            (G) A circuit court clerk.
            (H) A county auditor, county recorder, county treasurer, county sheriff, county coroner, or county surveyor.
        (4) An officer of a political subdivision (as defined by IC 36-1-2-13) other than an officer listed in subdivision (3) shall notify the circuit court clerk of the county containing the largest percentage of population of the political subdivision.
        (5) An officer not listed in subdivisions (1) through (4) shall notify the person or entity from whom the officer received the officer's appointment.
    (b) A person or an entity that receives notice of a resignation and does not have the power to fill the vacancy created by the resignation shall, not later than seventy-two (72) hours after receipt of the notice of resignation, give notice of the vacancy to the person or entity that has the power to:
        (1) fill the vacancy; or
        (2) call a caucus for the purpose of filling the vacancy.

SOURCE: IC 5-14-3-3.5; (11)IN1352.1.17. -->     SECTION 17. IC 5-14-3-3.5, AS AMENDED BY P.L.177-2005, SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 3.5. (a) As used in this section, "state agency" has the meaning set forth in IC 4-13-1-1. The term does not include the office of the following: elected state officials:
        (1) The office of the secretary of state.
        (2) The office of the auditor of state.
        (3) The office of the treasurer of state.
        (4) The office of the attorney general.
        (5) The office of the superintendent of public instruction.
         (6) Beginning January 1, 2013, the Indiana utility regulatory commission.
However, each state office described in subdivisions (1) through (5) (6) and the judicial department of state government may use the computer gateway administered by the office of technology established by IC 4-13.1-2-1, subject to the requirements of this section.
    (b) As an additional means of inspecting and copying public records, a state agency may provide enhanced access to public records maintained by the state agency.
    (c) If the state agency has entered into a contract with a third party under which the state agency provides enhanced access to the person through the third party's computer gateway or otherwise, all of the following apply to the contract:
        (1) The contract between the state agency and the third party must provide for the protection of public records in accordance with subsection (d).
        (2) The contract between the state agency and the third party may provide for the payment of a reasonable fee to the state agency by either:
            (A) the third party; or
            (B) the person.
    (d) A contract required by this section must provide that the person and the third party will not engage in the following:
        (1) Unauthorized enhanced access to public records.
        (2) Unauthorized alteration of public records.
        (3) Disclosure of confidential public records.
    (e) A state agency shall provide enhanced access to public records only through the computer gateway administered by the office of technology.
SOURCE: IC 5-24-1-2; (11)IN1352.1.18. -->     SECTION 18. IC 5-24-1-2, AS AMENDED BY P.L.2-2007, SECTION 107, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 2. Unless the supervising body of the branch, institution, or office elects to have this article apply and records the election with the state board of accounts, this article does not apply to the following:
        (1) The judicial branch.
        (2) The legislative branch.
        (3) A state educational institution.
        (4) The offices of the following:
            (A) The
secretary of state.
             (B) The auditor of state.
            (C) The
treasurer of state.
            (D) The
attorney general.
             (E) The superintendent of public instruction. and
            (F) The clerk of the supreme court.
         (5) Beginning January 1, 2013, the Indiana utility regulatory commission.
SOURCE: IC 8-1-1-2; (11)IN1352.1.19. -->     SECTION 19. IC 8-1-1-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 2. (a) There is created The Indiana utility regulatory commission which shall consist is created. The commission consists of five (5) members.
     (b) At least one (1) of whom shall commission member must be an attorney qualified to practice law before the supreme court of Indiana. and Not more than three (3) of whom commission members may belong to the same political party. This subsection expires January 1, 2013.
    (b) (c) The members of the commission and all vacancies occurring therein on the commission shall be appointed by the governor from among persons nominated by the nominating committee in accordance with the provisions of IC 8-1-1.5. This subsection expires January 1, 2013.
    (c) (d) The members may be removed at any time by the governor for cause. This subsection expires January 1, 2013.
    (d) (e) The governor shall appoint one (1) member as chairman. the commission's chair. This subsection expires January 1, 2013.
    (e) (f) The commission's chair and its members of the commission shall be appointed for serve a term of four (4) years, except when a member an individual is appointed to fill a vacancy, in which case such appointment shall be for such the individual serves only for the remainder of the unexpired term. only. The commission's chair and all commission members of said commission shall serve as such until their successors are duly appointed or elected and qualified. and while so serving
    (g) Beginning November 6, 2012, the commission's chair and members shall be elected as provided in IC 3.
    (h) The commission's chair and members:

         (1) shall devote full time to the commission's duties; of the commission and shall and
        (2)
shall not be actively engaged engage in any other occupation, profession, or business that constitutes a conflict of interest or otherwise interferes with carrying out their commission duties. as

commissioners.
    (f) (i) The commission's chair, a commission member, of the commission or any person appointed to any position or employed in any capacity to serve the commission, may not have any official or professional relationship or connection with, or hold any stock or securities or have any pecuniary interest in any public utility operating in Indiana.
    (g) (j) The commission's chair and each other commission member appointed to the Indiana utility regulatory commission shall take and subscribe to an oath in writing that he the individual will faithfully perform the duties of his the individual's office, and support and defend to the best of his the individual's ability the Constitution and laws of the state of Indiana and of the United States of America. and such The oath shall be filed with the secretary of state.
    (h) (k) The chairman of the commission commission's chair shall assign cases to the various commission members of the commission or to administrative law judges for hearings.

SOURCE: IC 8-1-1-2.3; (11)IN1352.1.20. -->     SECTION 20. IC 8-1-1-2.3 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 2.3. (a) Notwithstanding section 2 of this chapter, the following apply to the terms of the commission's chair and the commission members:
        (1) The term of the individual elected as the commission's chair at the 2012 general election expires January 1, 2015. The successor of the individual described in this subdivision shall be elected at the 2014 general election and serve a term of four (4) years, beginning January 1, 2015.
        (2) The term of each of the two (2) individuals who:
            (A) are elected as commission members at the 2012 general election; and
            (B) receive the least number of votes of the individuals elected as commission members at the 2012 general election;
        expires January 1, 2015. The successors of these commission members shall be elected at the 2014 general election and serve a term of four (4) years, beginning January 1, 2015.
        (3) The term of each of the individuals who:
            (A) are elected as commission members at the 2012 general election; and
            (B) are not described in subdivision (2);
        expires January 1, 2017. The successors of these commission members shall be elected at the 2016 general election and

serve a term of four (4) years, beginning January 1, 2017.
    (b) This section expires January 1, 2022.

SOURCE: IC 8-1-1-3; (11)IN1352.1.21. -->     SECTION 21. IC 8-1-1-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 3. (a) The members of the commission shall meet and organize the commission. The commission may subject to the approval of the governor, appoint a secretary of the commission. Before January 1, 2013, the appointment of a secretary of the commission is subject to the approval of the governor.
    (b) The salaries of the members and secretary of the commission shall be fixed by the governor, subject to the approval of the budget agency; however, the salaries of the chairman and the members shall not be less than the following annual minimum amounts:
        (1) For the chairman, sixty-five thousand dollars ($65,000).
        (2) For the members, sixty thousand dollars ($60,000) each.
This subsection expires January 1, 2013.
    (c) The commission may appoint one (1) or more administrative law judges who shall be responsible to and serve at the will and pleasure of the commission. While serving, the administrative law judges shall devote full time to the duties of the commission and shall not be actively engaged in any other occupation, profession, or business that constitutes a conflict of interest or otherwise interferes with carrying out their duties as administrative law judges. The salary of each administrative law judge shall be fixed by the commission subject to the approval of the budget agency but may not be less than the following annual amounts:
        (1) For the chief administrative law judge, forty-five thousand dollars ($45,000).
        (2) For all other administrative law judges, forty thousand dollars ($40,000).
Before January 1, 2013, the salaries of the administrative law judges are subject to the approval of the budget agency.
    (d) A majority of the commission members shall constitute a quorum.
    (e) On order of the commission any one (1) member of the commission, or an administrative law judge, may conduct a hearing or investigation, and take evidence therein, at the hearing or investigation, and report the same evidence to the commission for its consideration and action, However, a hearing concerning a request for a general increase in the basic rates and charges of a utility in an amount exceeding twenty million dollars ($20,000,000) may only be conducted by one (1) or more commission members.
    (f) The commission's chair and each member of the commission shall give bond in the sum of ten thousand dollars ($10,000) for the faithful performance of his the individual's duties. Such The bond shall be filed with the secretary of state.
    (g) The commission shall formulate rules necessary or appropriate to carry out the provisions of implement this chapter, and shall perform the duties imposed by law upon them. the commission.
    (h) The commission may:
        (1) employ with the approval of the governor and the state budget agency, sufficient professional staff, including but not limited to specialists, technicians, and analysts, who are exempt from the job classifications and compensation schedules established under IC 4-15; and
        (2) purchase, lease, or otherwise acquire for its internal use sufficient technical equipment necessary for the commission to carry out its statutory duties.
Before January 1, 2013, the commission's actions under this subsection are subject to the approval of the governor and the budget agency.
SOURCE: IC 8-1-1-11; (11)IN1352.1.22. -->     SECTION 22. IC 8-1-1-11 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 11. The commission is authorized to may employ such counsel, or attorneys, engineers, administrative law judges, experts, clerks, accountants, and other assistants as it may deem the commission considers necessary, at such rates of compensation as it the commission may determine upon, subject, however, to the approval of the governor. determines. Before January 1, 2013, the commission's actions under this section are subject to the approval of the governor.
SOURCE: IC 8-1-1-14; (11)IN1352.1.23. -->     SECTION 23. IC 8-1-1-14 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 14. (a) The chairman of the commission commission's chair shall prepare an annual report and file it with the governor and the chairman of the legislative council before October 1 of each year. A report filed under this subsection with the chairman of the legislative council must be in an electronic format under IC 5-14-6. The chairman commission's chair shall include in the report information for the fiscal year ending June 30 of the year in which the report is due.
    (b) The annual report required under subsection (a) must include the following:
        (1) A statement of the commission's revenues by source and expenditures by purpose.
        (2) Statistics relevant to the workload and operations of the

commission.
        (3) A description of the commission's goals, legal responsibilities, and accomplishments.
        (4) Comments on the state of the commission and the various kinds of utilities that it regulates.
        (5) Suggestions for new legislation and the rationale for any proposals.
        (6) Any other matters that the chairman commission's chair wishes to bring to the attention of the governor and the general assembly.
        (7) Any comments or proposals that any member of the commission gives to the chairman commission's chair for inclusion in the annual report.

SOURCE: IC 8-1-1.5; (11)IN1352.1.24. -->     SECTION 24. IC 8-1-1.5 IS REPEALED [EFFECTIVE JANUARY 1, 2013].
SOURCE: ; (11)IN1352.1.25. -->     SECTION 25. [EFFECTIVE JULY 1, 2011] (a) As used in this SECTION, "commission" refers to the Indiana utility regulatory commission created by IC 8-1-1-2, as amended by this act.
    (b) Notwithstanding IC 8-1-1, as in effect July 1, 2012, the term of office of a commission member appointed under IC 8-1-1, as in effect July 1, 2012, expires January 1, 2013.
    (c) The successors of the commission members described in subsection (b) shall:
        (1) be elected at the 2012 general election; and
        (2) take office January 1, 2013;
as provided in this act.
    (d) This SECTION expires January 1, 2014.

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