SB 33 Senate Bill

BILL NUMBER: SB 33	AMENDED
	BILL TEXT

	AMENDED IN SENATE   APRIL 5, 1999
	AMENDED IN SENATE   MARCH 17, 1999

INTRODUCED BY   Senator Peace

                        DECEMBER 7, 1998

   An act to amend  Section 309.1   Sections
307, 308, and 309.1  of, and to repeal and add Section 305 of,
the Public Utilities Code, relating to public utilities.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 33, as amended, Peace.  Public Utilities Commission:
president: advisers.
   Existing law requires the members of the Public Utilities
Commission to elect one of their number president of the commission
and requires the president to preside at all meetings and sessions of
the commission.  Existing law authorizes the commission to appoint
an attorney and an executive director to the commission, as specified
 , and requires the attorney and executive director to perform
duties that the commission may require  .  Under existing law,
the executive director is responsible for the commission's executive
and administrative duties, including, but not limited to, directing
the operations and affairs of the commission.  Existing law
authorizes the Governor to appoint one adviser for each member of the
commission upon the request of the commission member and prohibits
the total number of advisers exempt from civil service from exceeding
5.
   This bill would require the Governor to designate the president of
the commission from among its members.  The bill would require the
president to direct the executive director, the attorney, and other
staff of the commission  , except for the staff of the division
which represents the interests of public utility customers and
subscribers in commission proceedings,  in the performance of
their duties, in accordance with commission policies and guidelines.
The bill would require the president to preside at all meetings and
sessions of the commission.  The bill would authorize the Governor to
appoint up to 4 advisers for each member of the commission upon the
request of the commission member and would prohibit the total number
of advisers exempt from civil service from exceeding 20.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  yes.
State-mandated local program:  no.


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


  SECTION 1.  Section 305 of the Public Utilities Code is repealed.

  SEC. 2.  Section 305 is added to the Public Utilities Code, to
read:
   305.  The Governor shall designate a president of the commission
from among the members of the commission.  The president shall direct
the executive director, the attorney, and other staff of the
commission  , except for the staff of the division described in
Section 309.5,  in the performance of their duties, in
accordance with commission policies and guidelines.  The president
shall preside at all meetings and sessions of the commission.
  SEC. 3.   Section 307 of the Public Utilities Code is amended
to read: 
   307.   (a)  The commission may appoint as attorney to the
commission an attorney at law of this  State 
state  , who shall hold office during the pleasure of the
commission.   The  
   (b) The  attorney shall represent and appear for the people
of the State of California and the commission in all actions and
proceedings involving any question under this part or under any order
or act of the commission.  If directed to do so by the 
commission   president  ,  he 
 the attorney  shall intervene, if possible, in any action
or proceeding in which any such question is involved.   The
 
   (c) The  attorney shall commence, prosecute, and expedite the
final determination of all actions and proceedings directed or
authorized by the  commission;   president,
 advise the commission and each commissioner, when so requested,
in regard to all matters in connection with the powers and duties of
the commission and the members thereof  ;   ,
 and generally perform all duties and services as attorney to
the commission  which   that  the 
commission   president  may require of him.   
  SEC. 4.  Section 308 of the Public Utilities Code is amended to
read: 
   308.   (a)  The commission shall appoint an executive
director, who shall hold office during its pleasure.  The executive
director shall be responsible for the commission's executive and
administrative duties and shall organize, coordinate, supervise, and
direct the operations and affairs of the commission and expedite all
matters within the commission's jurisdiction.   The 

   (b) The  executive director shall keep a full and true record
of all proceedings of the commission, issue all necessary process,
writs, warrants, and notices, and perform such other duties as the
 commission   president  prescribes.  The
 commission   president  may authorize the
executive director to dismiss complaints or applications when all
parties are in agreement thereto, in accordance with  such
 rules  as it   that the commission
 may prescribe.  
   The  
   (c) The  commission may appoint assistant executive directors
who may serve warrants and other process in any county or city and
county of this state.   
  SEC. 5.   Section 309.1 of the Public Utilities Code is
amended to read:
   309.1.  The Governor may appoint up to four advisers for each
member of the commission upon the request of the commission member.
Each adviser shall receive a salary fixed by the commission with the
approval of the Department of Personnel Administration.  The total
number of advisers exempt from civil service may not exceed 20.