BILL NUMBER: SB 204	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Bowen

                        FEBRUARY 10, 2005

   An act to add Section 303.5 to the Public Utilities Code, relating
to the Public Utilities Commission.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 204, as introduced, Bowen.   Public Utilities Commission:
commission membership.
   Existing law prohibits members of the Public Utilities Commission
from holding an official relationship with, or having a financial
interest in, any person or corporation subject to commission
regulation.
   This bill would additionally preclude membership on the commission
by any person who, during the 2 years preceding appointment,
received a substantial portion of his or her income from any person
or corporation subject to commission regulation. The bill would
prohibit commission members from being employed by a person or
corporation subject to commission regulation, while a member of the
commission or within 2 years thereafter. The bill would prohibit
commission members from holding any other public office or position.
The bill would require commission members to comply with provisions
governing conflicts of interest of officers and employees appointed
within the state civil service. The bill would prohibit members and
employees of the commission from participating personally and
substantially in matters in which the person knows that the person,
his or her spouse or minor child, partner, any organization he or she
serves or has served as an officer, director, trustee, partner, or
employee has a direct or indirect financial interest or has had such
an interest during the two years prior to his or her appointment as a
member of the commission. The bill would prohibit any person who is
a partner, employer, or employee of a member or employee of the
commission from acting as an attorney, agent, or employee for any
person other than the state in connection with any matter in which
the commission is a party or has a direct and substantial interest.

   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 303.5 is added to the Public Utilities Code, to
read:
   303.5.  (a) No person shall be a member of the commission who,
during the two years prior to appointment to the commission, received
any substantial portion of his or her income directly or indirectly
from any person or corporation subject to regulation by the
commission. No member of the commission shall be employed by any
person or corporation subject to regulation by the commission during
the term he or she is a member of the commission, or within two years
after he or she ceases to be a member of the commission.(b) The
members of the commission shall not hold any other elected or
appointed public office or position.
   (c) The members of the commission and all employees of the
commission shall comply with all applicable provisions of Section
19990 of the Government Code.
   (d) No person who is a member or employee of the commission shall
participate personally and substantially as a member or employee of
the commission, in any matter in which, to his or her knowledge, he
or she, his or her spouse, minor child, or partner, or any
organization in which he or she is serving, or has served as officer,
director, trustee, partner, or employee while serving as a member or
employee of the commission or within two years prior to her or his
appointment as a member of the commission, has a direct or indirect
financial interest.
   (e) No person who is a partner, employer, or employee of a member
or employee of the commission shall act as an attorney, agent, or
employee for any person other than the state in connection with any
matter in which the commission is a party or has a direct and
substantial interest.