PRINTER'S NO. 2396
No. 1837 Session of 1984
INTRODUCED BY KUKOVICH, LAUGHLIN, DeLUCA, FREEMAN, BLAUM AND
LLOYD, JANUARY 23, 1984
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, JANUARY 23, 1984
AN ACT
1 Amending Title 66 (Public Utilities) of the Pennsylvania
2 Consolidated Statutes, further providing for the terms of
3 office and appointment of public utility commissioners; and
4 providing for retention election of appointed commissioners.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 301(a) of Title 66 of the Pennsylvania
8 Consolidated Statutes is amended and subsections are added to
9 read:
10 § 301. Establishment, members, qualifications and chairman.
11 (a) Appointment and terms of members.--The Pennsylvania
12 Public Utility Commission, established by the act of March 31,
13 1937 (P.L.160, No.43), as an independent administrative
14 commission, is hereby continued as such and shall consist of
15 five members who shall be appointed by the Governor, by and with
16 the advice and consent of two-thirds of all the members of the
17 Senate, for a term of [ten] five years. No commissioner upon the
18 expiration of his term shall continue to hold office until his
1 successor shall be duly appointed or shall be qualified.
2 * * *
3 (h) Commissioners.--The commissioners shall be selected from
4 a list of qualified persons submitted to the Governor by the
5 Public Utility Commission Nominating Council.
6 (i) Public Utility Commission Nominating Council.--There
7 shall be a Public Utility Commission Nominating Council,
8 hereafter referred to as the council, whose purpose shall be the
9 selection of a number of qualified persons from which the
10 Governor shall appoint members of the commission.
11 (j) Members of council.--The council shall include the
12 following persons:
13 (1) A representative from the Governor's Energy Council.
14 (2) A representative of the business community appointed
15 annually by the Governor.
16 (3) A representative of labor appointed annually by the
17 Governor.
18 (4) A senior citizen 60 years of age or older appointed
19 annually by the Governor.
20 (5) A representative of consumer interests appointed
21 annually by the chairman of the Consumer Affairs Committee of
22 the House of Representatives.
23 (6) A representative of consumer interests appointed
24 annually by the minority chairman of the Consumer Affairs
25 Committee of the House of Representatives.
26 (7) A representative of consumer interests appointed
27 annually by the chairman of the Consumer Protection and
28 Professional Licensure Committee of the Senate.
29 (8) A representative of consumer interests appointed
30 annually by the minority chairman of the Consumer Protection
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1 and Professional Licensure Committee of the Senate.
2 (9) A representative of the agricultural community
3 appointed annually by the Governor.
4 (10) Two representatives of consumer organizations
5 appointed annually by the Governor.
6 A list of the members of the council so appointed shall be
7 submitted to the General Assembly for its information. Members
8 of the council shall receive no compensation, but shall be
9 entitled to reimbursement for actual expenses incurred in the
10 performance of their duties under this section, which expenses
11 shall be paid by the Office of Administration of the Governor.
12 (k) Function of council.--The council shall:
13 (1) Organize, select a chairman and adopt bylaws to
14 govern its activities.
15 (2) Review and evaluate potential appointees for the
16 office of commissioner.
17 (3) Furnish a list of at least three potential
18 appointees to the Governor no later than 60 days prior to the
19 expiration of the term of any commissioner, or within 30 days
20 of the death, resignation or termination of service of any
21 commissioner. The list shall, at the same time, also be
22 submitted to the General Assembly for its information.
23 (l) Action by Governor.--Within 30 days of receipt of the
24 council's recommendation, the Governor shall select and nominate
25 to the Senate one of the persons recommended by the council to
26 fill a vacancy occurring in the office of commissioner. If the
27 Governor does not, within the prescribed 30-day period, nominate
28 to the Senate for its consent the name of one of the persons so
29 recommended, an action of mandamus may be immediately commenced
30 against the Governor to compel performance of his official duty.
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1 (m) Retention election of commissioners.--A member of the
2 commission may file a declaration of candidacy for retention
3 election with the Secretary of the Commonwealth on or before the
4 first Monday of January of the year preceding the year in which
5 his term of office expires. If no declaration is filed, a
6 vacancy shall exist upon the expiration of the term the member
7 of the commission is then serving, to be filled by appointment
8 by the Governor. If a member of the commission files a
9 declaration, his name shall be submitted to the electors without
10 party designation, on a separate ballot or in a separate column
11 on voting machines, at the November election in the year in
12 which the declaration is filed to determine only the question
13 whether he shall be retained in office. If a majority is against
14 retention, a vacancy shall exist upon the expiration of his term
15 of office, to be filled by appointment by the Governor as
16 provided in this section. The Governor shall not have the power
17 to appoint any person as a member of the commission who has
18 previously been appointed as a member of the commission. If a
19 majority favors retention, the member of the commission shall
20 serve for the regular term of office provided in this section.
21 At the expiration of each term, a member of the commission shall
22 be eligible for retention as provided in this section.
23 (n) Donation limits.--No commissioner seeking retention
24 election shall accept donations of more than $250 from any
25 person or political committee.
26 Section 2. This act shall take effect in 60 days.
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