PRINTER'S NO. 728
No. 639 Session of 1985
INTRODUCED BY TRELLO, BELARDI, TIGUE, ANGSTADT, DALEY, KOSINSKI, MORRIS, PHILLIPS, DAWIDA, RUDY, CIVERA, GAMBLE, OLASZ, LINTON, BELFANTI, BOWSER, HALUSKA, PERZEL, CIMINI, DeLUCA, MICOZZIE, KASUNIC, HOWLETT AND FREEMAN, MARCH 25, 1985
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, MARCH 25, 1985
AN ACT 1 Amending Title 66 (Public Utilities) of the Pennsylvania 2 Consolidated Statutes, providing for the election of public 3 utility commissioners and for their campaign expenses. 4 The General Assembly of the Commonwealth of Pennsylvania 5 hereby enacts as follows: 6 Section 1. Section 301 of Title 66 of the Pennsylvania 7 Consolidated Statutes is amended to read: 8 § 301. Establishment, members, qualifications and chairman. 9 (a) [Appointment] Election and terms of members.-- 10 (1) The Pennsylvania Public Utility Commission, 11 established by the act of March 31, 1937 (P.L.160, No.43), as 12 an independent administrative commission, is hereby continued 13 as such and shall consist of [five members who shall be 14 appointed by the Governor, by and with the advice and consent 15 of two-thirds of all the members of the Senate, for a term of 16 ten years. No commissioner upon the expiration of his term 17 shall continue to hold office until his successor shall be
1 duly appointed or shall be qualified.] five elected members. 2 Three of the members shall be elected for four-year terms and 3 two of the members shall be elected for two-year terms. 4 Thereafter, all terms shall be for four years. Terms shall 5 begin January 1 following their election. In the event of a 6 vacancy, the Governor shall appoint a person to fill the 7 unexpired term. This Commonwealth shall be divided into five 8 utility districts of equal population and one commissioner 9 shall be elected from each district. 10 (2) The nomination and election of a candidate for the 11 office of commissioner of the Public Utility Commission shall 12 be governed by the act of June 3, 1937 (P.L.1333, No.320), 13 known as the Pennsylvania Election Code. Nominating petitions 14 shall contain 2,000 signatures of the electorate registered 15 with the candidate's party and residing in the candidate's 16 district. If the district contains two or more counties or if 17 the candidates are elected from this Commonwealth-at-large, 18 not more than 50% of the signatures shall be from one county. 19 (b) Qualifications and restrictions.--Each commissioner, at 20 the time of his [appointment] election and qualification, shall 21 be a resident of this Commonwealth and shall have been a 22 qualified elector therein for a period of at least one year next 23 preceding his appointment, and shall also be not less than 30 24 years of age. No person shall be [appointed] elected a member of 25 the commission or hold any place, position or office under it, 26 who occupies any official relation to any public utility or who 27 holds any other appointive or elected office of the Commonwealth 28 or any political subdivision thereof. Commencing July 1, 1977, 29 commissioners shall devote full time to their official duties. 30 No commissioner shall hold any office or position, the duties of 19850H0639B0728 - 2 -
1 which are incompatible with the duties of his office as
2 commissioner, or be engaged in any business, employment or
3 vocation, for which he shall receive any remuneration, except as
4 provided in this chapter. No employee, appointee or official
5 engaged in the service of or in any manner connected with, the
6 commission shall hold any office or position, or be engaged in
7 any employment or vocation, the duties of which are incompatible
8 with his employment in the service of or in connection with the
9 work of the commission. No commissioner shall be paid or accept
10 for any service connected with the office, any fee or emolument
11 other than the salary and expenses provided by law. No
12 commissioner shall participate in any hearing or proceeding in
13 which he has any direct or indirect pecuniary interest. Within
14 90 days of confirmation, each commissioner shall disclose, at
15 that time and thereafter annually, the existence of all security
16 holdings in any public utility or its affiliates held by such
17 commissioner, his or her spouse and any minor or unemancipated
18 children and must either divest or place in a blind trust such
19 securities. As used in this part, blind trust means a trust over
20 which neither the commissioners, their spouses, nor any minor or
21 unemancipated children shall exercise any managerial control,
22 and from which neither the commissioners, their spouses, nor any
23 minor or unemancipated children shall receive any income from
24 the trust during the commissioner's tenure of office. Such
25 disclosure statement shall be filed with the secretary of the
26 commission and shall be open to inspection by the public during
27 the normal business hours of the commission during the tenure of
28 the commissioner. Every commissioner, and every individual or
29 official, elected, employed or appointed to office under, in the
30 service of, or in connection with, the work of the commission,
19850H0639B0728 - 3 -
1 is forbidden, directly or indirectly, to solicit or request 2 from, or to suggest or recommend to any public utility, or to 3 any officer, attorney, agent or employee thereof, the 4 appointment of any individual to any office, place or position 5 in, or the employment of any individual in any capacity by, such 6 public utility. Every commissioner, every bureau director and 7 every administrative law judge elected, employed or appointed to 8 office under, in the service of or in connection with the work 9 of the commission, is prohibited from accepting employment with 10 any public utility subject to the rules and regulations of the 11 commission for a period of one year after terminating employment 12 or service with the commission. If any person elected, employed 13 or appointed in the service of the commission violates any 14 provision of this section, the commission shall forthwith remove 15 him from the office or employment held by him. 16 (c) Chairman.--A member designated by the [Governor] 17 commissioners shall be the chairman of the commission during 18 such member's term of office. When present, the chairman shall 19 preside at all meetings, but in his absence a member, designated 20 by the chairman, shall preside and shall exercise, for the time 21 being, all the powers of the chairman. The chairman shall have 22 such powers and duties as authorized by the commission as 23 provided in section 331(b) (relating to powers of commission and 24 administrative law judges). 25 (d) Quorum.--A majority of the members of the commission 26 serving in accordance with law shall constitute a quorum and 27 such majority, acting unanimously, shall be required for any 28 action, including the making of any order or the ratification of 29 any act done or order made by one or more of the commissioners. 30 No vacancy in the commission shall impair the right of a quorum 19850H0639B0728 - 4 -
1 of the commissioners to exercise all the rights and perform all 2 the duties of the commission. 3 (e) Compensation.--Each of the commissioners shall receive 4 an annual salary of [$35,000, as of January 1, 1977, and] 5 $40,000, [as of January 1, 1978,] except the chairman, who shall 6 receive an annual salary of [$37,500, as of January 1, 1977, 7 and] $42,500[, as of January 1, 1978]. 8 (f) Open proceedings.--The proceedings of the commission 9 shall be conducted in accordance with the provisions of the act 10 of July 19, 1974 (P.L.486, No.175), referred to as the Public 11 Agency Open Meeting Law. 12 (g) Monitoring cases.--Each commissioner shall be 13 responsible for monitoring specified cases as shall be assigned 14 to him in a manner determined by the commission. All proceedings 15 properly before the commission shall be assigned immediately 16 upon filing. 17 (h) Utility Election Committee.--The General Assembly shall 18 establish a Utility Election Committee composed of the Majority 19 Leaders of the Senate and the House of Representatives, the 20 Minority Leaders of the Senate and the House of Representatives 21 and a member appointed by the Governor from the League of Women 22 Voters or Common Cause. Members of the Utility Election 23 Committee shall be reimbursed for personal expenses incurred 24 conducting the committee's duties. Those duties shall be to 25 verify the candidates' eligibility for public funds and 26 expenditure of those funds. 27 (i) Political contributions.--Every utility bill and every 28 State income tax form shall contain a provision permitting 29 persons to contribute $1 for the campaign costs of candidates 30 for Public Utility Commission commissioner. Revenues accrued in 19850H0639B0728 - 5 -
1 this manner shall be placed into a special fund administered by 2 the Department of Revenue. 3 (j) Disbursement of funds to candidates.--Any candidate 4 seeking money from the special fund shall submit the information 5 concerning his campaign and election expenditures as the Utility 6 Election Committee shall require. The amount disbursed from the 7 special fund to any one candidate shall not exceed $25,000. 8 (k) Donation limits.--No candidate for the office of Public 9 Utility Commission commissioner shall accept more than $25 in 10 donations from any individual employee of utilities. Total 11 donations from employees of utilities shall not exceed $500. No 12 candidate for Public Utility Commission commissioner shall 13 accept donations of more than $100 from other individuals or 14 political committees. No candidate shall spend more than $25,000 15 for a primary election campaign and $50,000 for the general 16 election campaign. 17 (l) Moneys remaining in fund.--Moneys remaining in the 18 special fund at the close of an election shall be reserved for 19 subsequent Public Utility Commission elections and shall be 20 placed in an interest-bearing account. 21 Section 2. The terms of the Public Utility Commission 22 commissioners appointed before the effective date of this act 23 shall terminate on the election and qualification of elected 24 Public Utility Commission commissioners. 25 Section 3. This act shall take effect January 1, 1986. A21L66RAW/19850H0639B0728 - 6 -