BILL ANALYSIS
SB 118
Page 1
Date of Hearing: July 2, 2003
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Darrell Steinberg, Chair
SB 118 (Bowen) - As Amended: June 19, 2003
Policy Committee: Utilities and
Commerce Vote: 13-0
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill:
1)Requires a Public Utilities Commission (PUC) commissioner to
forfeit their office if they voluntarily acquire a financial
interest in a corporation or person that the commissioner
knows or should have known is subject to PUC regulation.
2)Requires the PUC to adopt an updated Conflict of Interest Code
and Statement of Incompatible Activities, consistent with the
above, by February 28, 2004.
FISCAL EFFECT
Minor absorbable special fund costs to the PUC. [Public
Utilities Reimbursement Account]
COMMENTS
Purpose . In April 2002, a San Francisco Superior Court judge
fined then PUC Commissioner Henry Duque $5,000 and ordered him
removed from the PUC after finding Duque invested $27,000 in
Nextel, a mobile phone company regulated by the PUC.
On January 3, 2003, the First Appellate District of the
California Court of Appeals overturned that order, ruling that
that because of a "critical gap" in the wording of the current
statute governing this subject, the law doesn't specify any
penalty for commissioners who voluntarily invest in a regulated
company.
(The law only provides for forfeiture of office if a
SB 118
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commissioner involuntarily acquires an interest in a regulated
company and fails to divest of this financial interest within a
reasonable period of time.)
This bill is intended to address the Appellate Court Decision
and close the gap in the current statute.
Analysis Prepared by : Chuck Nicol / APPR. / (916) 319-2081