BILL NUMBER: SCA 6	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Battin

                        FEBRUARY 18, 2003

   Senate Constitutional Amendment No. 6--A resolution to propose to
the people of the State of California an amendment to the
Constitution of the State, by amending Section 1 of Article XII
thereof, relating to public utilities.



	LEGISLATIVE COUNSEL'S DIGEST


   SCA 6, as introduced, Battin.  Public Utilities Commission:
election.
   Under the California Constitution, the Public Utilities Commission
consists of 5 members appointed by the Governor and approved by the
Senate, a majority of the membership concurring, for staggered 6-year
terms.  A vacancy is filled for the remainder of the term.  The
California Constitution authorizes the Legislature to remove a member
for incompetence, neglect of duty, or corruption,2/3 of the
membership of each house concurring.
   This measure would require the commission to consist of 5 members
selected for staggered 6-year terms at general elections.  The
measure would require the state to be divided into 5 districts with
the voters of each district selecting one member, and would provide
for the establishment and adjustment of district boundaries by the
Legislature. The measure would prohibit any member from serving more
than 2 terms.  The measure would provide for the filling of vacancies
and for initial terms to establish staggered terms.
   Vote:  2/3.  Appropriation:  no.  Fiscal committee:  yes.
State-mandated local program:  no.




   Resolved by the Senate, the Assembly concurring, That the
Legislature of the State of California at its 2003-04 Regular Session
commencing on the second day of December 2002, two-thirds of the
membership of each house concurring, hereby proposes to the people of
the State of California that the Constitution of the State be
amended by amending Section 1 of Article XII thereof, to read:
      SECTION 1.   (a)  The Public Utilities Commission
consists of 5 members  appointed by the Governor and approved
by the Senate, a majority of the membership concurring, 
 selected  for staggered 6-year terms  .  A vacancy
is filled for the remainder of the term.  The Legislature may remove
a member for incompetence, neglect of duty, or corruption, two thirds
of the membership of each house concurring   at general
elections.  The State shall be divided into 5 Public Utilities
Commission districts with the voters of each district selecting one
member.  No member may serve more than 2 terms.
   (b) The Legislature shall establish, and in the year following the
year in which the national census is taken under the direction of
Congress at the beginning of each decade, the Legislature shall
adjust, the boundary lines of the Public Utilities Commission
districts in conformance with the following standards:
   (1) Each member of the Public Utilities Commission shall be
selected from a single-member district.
   (2) The population of the districts shall be reasonably equal.
   (3) Districts shall be contiguous.
   (4) Districts shall be numbered consecutively, commencing at the
northern boundary of the state and ending at the southern boundary.
   (5) The geographical integrity of a city, county, or city and
county, or of a geographical region shall be respected to the extent
possible without violating the requirements of another paragraph of
this subdivision.
   (c) If there is a vacancy on the Public Utilities Commission, the
Governor shall nominate a person to fill the vacancy who shall take
office upon confirmation by a majority of the membership of the
Senate and a majority of the membership of the Assembly and who shall
hold office for the balance of the unexpired term.  If the nominee
is neither confirmed nor refused confirmation by both the Senate and
the Assembly within 90 days of the submission of the nomination, the
nominee shall take office as if he or she had been confirmed by a
majority of the Senate and Assembly.  However, if the 90-day period
ends during a recess of the Legislature, the period shall be extended
until the sixth day following the day on which the Legislature
reconvenes.
   (d) To establish staggered terms among the members of the Public
Utilities Commission, the following members shall be selected at the
first general election following January 1, 2004, as follows:
   (1) One member shall serve a 2-year term.
   (2) Two members shall each serve 4-year terms.
   (3) The remaining members shall serve full 6-year terms  .