Indiana 2020 Regular Session Status: In Committee 1 R cosponsors

SB 447 — Underground utility facilities.

Last action — First reading: referred to Committee on Utilities

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2020 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Provides that if an operator owning underground utility facilities and meeting other specified criteria has failed: (1) on more than three occasions in any six month period to provide, in the time prescribed by the state's 811 statute for the locating of underground utility facilities, the information or temporary facility markings required under the statute; or (2) to relocate any facilities as requested by a county executive or other local official in connection with a planned road, highway, or bridge construction project; the utility regulatory commission (IURC) may order the operator to appear before the IURC at a public hearing to present evidence and explain why the operator has failed to take the applicable action. Provides that at the hearing, the operator shall have the opportunity to present evidence and the testimony of witnesses as to why the operator has failed to take the action. Provides that if, after the hearing, the IURC determines that there is not a good faith basis for the operator's failure to take the applicable action, the IURC may issue an order placing the operator on probationary status for a period of six months, beginning with the date of the IURC's order. Provides that if at the end of the six month probationary period, the operator has failed: (1) on more than three occasions to provide, in the time prescribed by the state's 811 statute, the information or temporary markings required under the statute with respect to any underground facilities of the operator in a project area; or (2) to relocate any facilities as requested by a county executive or other local official in connection with a planned road, highway, or bridge construction project (if the initial request was made before the start date of the operator's probationary status); the IURC may require the carrier to post a performance bond in an amount not to exceed $1,000,000. Provides that the performance bond shall be posted to cover the anticipated costs of the operator's: (1) facility locating activities; or (2) relocation activities requested in connection with a planned county road, highway, or bridge construction project; during the six month period beginning on the day after the date on which the operator's probationary status ends. Provides that if during the six month period for which a performance bond is required, the operator fails to: (1) locate any underground facility of the operator in accordance with the state's 811 statute; or (2) relocate any underground facility of the operator as requested by a county executive or other local official in connection with a planned road, highway, or bridge construction project (if the initial request is made before the start date of the six month period covered by the performance bond); the IURC may order the use of the performance bond in the performance of the applicable action, to be undertaken on behalf of the operator by any lawful agent.

Bill Text

We don't have the full text on file for this bill yet.

Read SB 447 on the official Indiana source →

Action History

  1. First reading: referred to Committee on Utilities

  2. Authored by Senator Donato

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 149 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (149)

149 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

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Frequently asked questions

What does SB 447 do?
Provides that if an operator owning underground utility facilities and meeting other specified criteria has failed: (1) on more than three occasions in any six month period to provide, in the time prescribed by the state's 811 statute for the locating of underground utility facilities, the information or temporary facility markings required under the statute; or (2) to relocate any facilities as requested by a county executive or other local official in connection with a planned road, highway, or bridge construction project; the utility regulatory commission (IURC) may order the operator to appear before the IURC at a public hearing to present evidence and explain why the operator has failed to take the applicable action. Provides that at the hearing, the operator shall have the opportunity to present evidence and the testimony of witnesses as to why the operator has failed to take the action. Provides that if, after the hearing, the IURC determines that there is not a good faith basis for the operator's failure to take the applicable action, the IURC may issue an order placing the operator on probationary status for a period of six months, beginning with the date of the IURC's order. Provides that if at the end of the six month probationary period, the operator has failed: (1) on more than three occasions to provide, in the time prescribed by the state's 811 statute, the information or temporary markings required under the statute with respect to any underground facilities of the operator in a project area; or (2) to relocate any facilities as requested by a county executive or other local official in connection with a planned road, highway, or bridge construction project (if the initial request was made before the start date of the operator's probationary status); the IURC may require the carrier to post a performance bond in an amount not to exceed $1,000,000. Provides that the performance bond shall be posted to cover the anticipated costs of the operator's: (1) facility locating activities; or (2) relocation activities requested in connection with a planned county road, highway, or bridge construction project; during the six month period beginning on the day after the date on which the operator's probationary status ends. Provides that if during the six month period for which a performance bond is required, the operator fails to: (1) locate any underground facility of the operator in accordance with the state's 811 statute; or (2) relocate any underground facility of the operator as requested by a county executive or other local official in connection with a planned road, highway, or bridge construction project (if the initial request is made before the start date of the six month period covered by the performance bond); the IURC may order the use of the performance bond in the performance of the applicable action, to be undertaken on behalf of the operator by any lawful agent.
Who sponsors SB 447?
SB 447 is sponsored by Stacey Donato (Republican).
What is the current status of SB 447?
This bill died with 2020 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 447?
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