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Bill Watch, March 4, 2014: Current Government Practice Legislation of Note - Government Practice News

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Government Practice News


Posted on: Mar 6, 2014

The IndyBar Legislative Committee is currently monitoring the following government practice related legislation. IndyBar members can request that the Legislative Committee track specific legislation by contacting committee chair Mindy Westrick at mindy.westrick@faegrebd.com.

Click here to view the full Bill Watch reports.

HB1009 SURVEILLANCE AND PRIVACY (KOCH E)
Requires a law enforcement officer to obtain a search warrant in order to use an unmanned aerial vehicle, with certain exceptions. Exempts electronic or video toll collection activities and facilities from certain restrictions relating to video and electronic surveillance and data collection. Provides that a law enforcement officer may not compel a person to provide a passkey, password, or keycode to any electronic communication service, electronic device, or electronic storage, or any form of stored electronic user data without a valid search warrant issued by a judge. Prohibits a law enforcement officer or law enforcement agency from using a real time tracking instrument that is capable of obtaining geolocation information concerning a cellular device or a device connected to a cellular network unless certain conditions are met. Provides that, except for a law enforcement officer or governmental entity who has obtained a search warrant, a person who knowingly or intentionally places a camera or electronic surveillance equipment that records images or data of any kind while unattended on the private property of another person without the consent of the owner or tenant of the private property commits a Class A misdemeanor. Establishes a procedure to use electronic mail to apply for a warrant. Provides immunity from civil and criminal liability for certain entities that provide information pursuant to certain court orders. Provides certain procedures for the issuance of search warrants concerning electronic communication service or remote computing service that affect the law concerning a journalist's privilege against disclosure of an information source. Urges the legislative council to assign to a study committee during the 2014 legislative interim the topic of digital privacy, including: (1) issues related to searches of electronic devices, compelling the disclosure of electronic user data, the collection and use of geolocation information, and the collection and use of biometric information by government agencies; and (2) any other issue concerning digital privacy and related subjects.

Current Status: 3/4/2014 - Third reading Passed (Y: 48, N: 0)

HB1187 MUNICIPAL UTILITY SERVICE (BACON R)
Provides that a municipal utility's offering or providing of water or wastewater service in an area outside the corporate boundaries of the utility's municipality is under the jurisdiction of the Indiana utility regulatory commission (IURC). Provides that if a municipality, after December 31, 2012, adopts an ordinance asserting exclusive authority to provide utility service in an area outside the municipality's corporate boundaries (a "regulatory ordinance") and the municipality's utility has filed a petition seeking review of the rate and charges for "wholesale sewage service" provided to or by the utility: (1) the municipality shall petition the IURC for approval of the regulatory ordinance; (2) the IURC shall encourage the utilities potentially affected by the regulatory ordinance to reach a mutual agreement about service in the area, and shall assume jurisdiction if the utilities are unable to reach a mutual agreement; (3) the IURC, after assuming jurisdiction and upon considering certain factors, shall issue an order resolving the issues presented by the petition concerning the regulatory ordinance; and (4) the municipality may enforce the regulatory ordinance if there is a final judgment concluding all administrative and judicial proceedings on the petition concerning wholesale sewage service rates. Provides that if a municipality, after December 31, 2012, adopts a regulatory ordinance and the municipality's utility has not filed a petition with the IURC concerning "wholesale sewage service": (1) the municipality shall petition the IURC for approval of the regulatory ordinance; (2) the IURC, upon considering certain factors, shall issue an order resolving all issues presented in the petition, including the enforceability of the ordinance; (3) if the IURC order approves the municipality's regulatory ordinance, the municipality may enforce the regulatory ordinance; and (4) if the IURC does not approve the municipality's petition, the municipality may modify and resubmit the petition, and if the IURC does not approve the resubmitted petition the regulatory ordinance is void, but the municipality may petition the IURC to rescind or modify its order on the resubmitted petition after five years. Provides for the IURC to resolve any other sort of dispute between municipal utilities as to which municipal utility will provide utility service in an area outside the corporate boundaries of the utilities' municipalities, either through mutual agreement of the utilities or IURC order, and establishes a procedure and criteria for the IURC's resolution of these disputes. Also addresses an ordinance of a municipality expanding the municipality's authority to provide utility service in an area outside the municipality's corporate boundaries. Provides that the IURC may recover from a municipal utility costs associated with an investigation concerning utility service in unregulated territories.

Current Status: 3/4/2014 - House Bills on Third Reading

HB1246 SOLID WASTE COLLECTION AND DISPOSAL CONTRACTS (CARBAUGH M)
Authorizes a city other than Indianapolis or a town to enter into a contract for the collection and disposal of solid waste through a request for proposals process instead of a bidding process.

Current Status: 2/4/2014 - Referred to Senate Local Government

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