§ 8-1.5-3-9.5 — Return of utility to commission jurisdiction following removal

Indiana § 8-1.5-3-9.5

• Jurisdiction: Indiana
• Art. 1.5: MUNICIPAL UTILITIES
• Ch. 3: Operation of Municipally Owned Utilities Generally

Text

5. (a) This section applies to municipally
owned utilities that are withdrawn from commission jurisdiction under
section 9 of this chapter, including a municipally owned utility
described in section 9(a) of this chapter.
(b) A municipal legislative body that wants to return a municipally
owned utility to the jurisdiction of the commission for approval of rates
and charges and of the issuance of stocks, bonds, notes, or other
evidence of indebtedness may submit the following public question to
the registered voters of the municipality at the next election in the form
prescribed by IC 3-10-9-4:
"Shall the municipally owned utility be returned to the jurisdiction
of the utility regulatory commission for approval of rates and
charges and of the issuance of stocks, bonds, notes, or other
evidence of indebtedness?".
(c) A municipal legislative body shall certify the public question to
the county election board of the county that contains the greatest
percentage of population of the municipality under IC 3-10-9-3. The
county election board shall submit the question under subsection (b) if
it receives a petition that:
(1) is signed by at least the number of the registered voters of the
municipality required under IC 3-8-6-3 to place a candidate on the
ballot; and
(2) requests that the municipally owned utility be returned to the
jurisdiction of the commission for approval of rates and charges
and of the issuance of stocks, bonds, notes, or other evidence of
indebtedness.
(d) If a majority of those voting favor returning the municipally
owned utility to the jurisdiction of the commission, the utility is
returned to the jurisdiction of the commission for approval of rates and
charges and of the issuance of stocks, bonds, notes, or other evidence
of indebtedness. If a majority of those voting disapprove of returning
the municipally owned utility to the jurisdiction of the commission, an
election may not be conducted on the public question of returning to
the jurisdiction of the commission for four (4) years from the date of
the last election on that public question.
(e) The public question of returning to the jurisdiction of the
commission may not be submitted to the registered voters of the
municipality at an election conducted within four (4) years after the
date the municipally owned utility was last withdrawn from
commission jurisdiction.
(f) If a municipally owned utility is returned to the jurisdiction of the
commission under this section, the municipal legislative body shall
mail written notice to the commission.

Legislative History

As added by P.L.82-1988, SEC.7. Amended by P.L.12-1995, SEC.103.