BILL NUMBER: SB 33 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JULY 7, 1999
AMENDED IN SENATE MAY 20, 1999
AMENDED IN SENATE APRIL 5, 1999
AMENDED IN SENATE MARCH 17, 1999
INTRODUCED BY Senator Peace
DECEMBER 7, 1998
An act to amend Sections 307 and 308 of, to repeal and add Section
305 of, and to amend, repeal, and add Section 309.1 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. This bill
would specify that the attorney and executive director may be
directed in their duties by a vote of the commission, as prescribed.
The bill would require the president to preside at all
meetings and sessions of the commission. The bill, until January 1,
2003, would authorize the Governor to appoint up to 2 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 10. The bill would require the
commission to seek funding for staffing in accordance with that
appointment provision through the annual Budget Act.
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, who shall hold office during the
pleasure of the commission.
(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 president, except
as otherwise directed by vote of the commission, the attorney
shall intervene, if possible, in any action or proceeding in which
any such question is involved.
(c) The attorney shall commence, prosecute, and expedite the final
determination of all actions and proceedings directed or authorized
by the president, except as otherwise directed or authorized by
vote of the commission, 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 that the president , or vote of the
commission, 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.
(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
president , or vote of the commission, prescribes. The
president may authorize the executive director to dismiss complaints
or applications when all parties are in agreement thereto, in
accordance with rules that the commission may prescribe.
(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. (a) The Governor may appoint up to two 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
commission shall seek funding for staffing in accordance with this
section through the annual Budget Act. The total number of advisers
exempt from civil service may not exceed 10.
(b) This section shall remain in effect only until January 1, 2003,
and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, 2003, deletes or extends that date.
SEC. 6. Section 309.1 is added to the Public Utilities Code, to
read:
309.1. (a) The Governor may appoint one adviser 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 five.
(b) This section shall become operative on January 1, 2003.