BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 118
                                                                  Page  1

          SENATE THIRD READING
          SB 118 (Bowen)
          As Amended June 19, 2003
          Majority vote 

           SENATE VOTE  :37-0  
           
           UTILITIES AND COMMERCE     13-0 APPROPRIATIONS      23-0        
           
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          |Ayes:|Reyes, Richman, Calderon, |Ayes:|Steinberg, Bates, Berg,   |
          |     |Campbell, Diaz,           |     |Calderon, Corbett,        |
          |     |Longville, La Malfa, La   |     |Correa, Daucher, Diaz,    |
          |     |Suer, Levine, Maddox,     |     |Goldberg, Haynes, Leno,   |
          |     |Nunez, Ridley-Thomas,     |     |Maldonado, Nation,        |
          |     |Wolk                      |     |Negrete McLeod, Nunez,    |
          |     |                          |     |Pacheco, Pavley,          |
          |     |                          |     |Ridley-Thomas, Runner,    |
          |     |                          |     |Samuelian, Simitian,      |
          |     |                          |     |Wiggins, Yee              |
           ----------------------------------------------------------------- 

           1)SUMMARY :  Requires a California Public Utilities Commission  
            (PUC) Commissioner (Commissioner) to forfeit his or her office  
            if he or she voluntarily acquires a financial interest in a  
            corporation or person that the Commissioner knows or should  
            have known is subject to regulation by PUC.  Requires PUC to  
            adopt an updated Conflict of Interest Code (CIC) and Statement  
            of Incompatible Activities (SOIA) by February 28, 2004.

           EXISTING LAW  :
           
           1)Prohibits a Commissioner from holding a financial interest in  
            a person or corporation that is regulated by PUC.  

          2)Provides that if a Commissioner involuntarily acquires a  
            financial interest in a person or corporation that is  
            regulated by PUC, his or her office shall become vacant unless  
            he or she divest himself or herself of that interest within a  
            reasonable time.

          3)Requires PUC to adopt a CIC and SOIA.

           FISCAL EFFECT  :  Minor absorbable special fund costs to PUC.   
          [Public Utilities Reimbursement Account].








                                                                  SB 118
                                                                  Page  2


           COMMENTS  :  In April 2002, a San Francisco Superior Court judge  
          fined then PUC Commissioner Henry Duque $5,000 and ordered him  
          removed from PUC after finding Duque invested $27,000 in Nextel,  
          a mobile phone company that is regulated by PUC.  Commissioner  
          Duque had acquired the stock in 1999 believing that Nextel was  
          regulated by the Federal Communications Commission (FCC) and not  
          subject to PUC jurisdiction.  In fact, Nextel is subject to both  
          FCC and PUC jurisdiction.  Duque disclosed the stock ownership  
          on his 1999 and 2000 statements of economic interest.  Duque  
          sold the stock in 2000, after receiving a call from a reporter  
          about the stock.

          On January 3, 2003, the First Appellate District of the  
          California Court of Appeals overturned that order and ruled that  
          under the plain meaning of the statute 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 the Commissioner involuntarily acquires an interest in  
          a regulated company.  The court stated that "we must limit  
          ourselves to interpreting the law as written and leave for the  
          people and the Legislature the task of revising it as the deem  
          wise."  (  People v. Duque  , 105 Cal. App 4th 259, 266.)  This bill  
          is intended to address the Appellate Court Decision and close  
          the gap in the statute's wording.


           Analysis Prepared by  :    Edward Randolph / U. & C. / (916)  
          319-2083 


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