PRINTER'S NO. 1239
No. 1081 Session of 1975
INTRODUCED BY HASAY, McCLATCHY, McGINNIS AND NOYE,
APRIL 21, 1975
REFERRED TO COMMITTEE ON CONSUMER PROTECTION, APRIL 22, 1975
AN ACT
1 Amending the act of March 31, 1937 (P.L.160, No.43), entitled
2 "An act creating a commission to be known as the Pennsylvania
3 Public Utility Commission; defining in part the powers and
4 duties of such commission; abolishing The Public Service
5 Commission of the Commonwealth of Pennsylvania, terminating
6 the terms of the members thereof, and transferring to the
7 Pennsylvania Public Utility Commission the records, employes,
8 property, and equipment of The Public Service Commission of
9 the Commonwealth of Pennsylvania; authorizing the
10 Pennsylvania Public Utility Commission to appear in and
11 complete all pending proceedings, legal or otherwise,
12 instituted before, by or against The Public Service
13 Commission of the Commonwealth of Pennsylvania; providing
14 that all certificates of public convenience, contracts,
15 orders, and rules and regulations of the latter commission
16 shall remain effective until repealed, changed or modified by
17 the Pennsylvania Public Utility Commission, and transferring
18 and appropriating to the Pennsylvania Public Utility
19 Commission any unexpended balance of any existing
20 appropriation to The Public Service Commission of the
21 Commonwealth of Pennsylvania," changing the length of term
22 and providing for the election of commissioners by districts.
23 The General Assembly of the Commonwealth of Pennsylvania
24 hereby enacts as follows:
25 Section 1. Subsections (a) and (b) of section 1, act of
26 March 31, 1937 (P.L.160, No.43), entitled "An act creating a
27 commission to be known as the Pennsylvania Public Utility
28 Commission; defining in part the powers and duties of such
1 commission; abolishing The Public Service Commission of the
2 Commonwealth of Pennsylvania, terminating the terms of the
3 members thereof, and transferring to the Pennsylvania Public
4 Utility Commission the records, employes, property, and
5 equipment of The Public Service Commission of the Commonwealth
6 of Pennsylvania; authorizing the Pennsylvania Public Utility
7 Commission to appear in and complete all pending proceedings,
8 legal or otherwise, instituted before, by or against The Public
9 Service Commission of the Commonwealth of Pennsylvania;
10 providing that all certificates of public convenience,
11 contracts, orders, and rules and regulations of the latter
12 commission shall remain effective until repealed, changed or
13 modified by the Pennsylvania Public Utility Commission, and
14 transferring and appropriating to the Pennsylvania Public
15 Utility Commission any unexpended balance of any existing
16 appropriation to The Public Service Commission of the
17 Commonwealth of Pennsylvania," subsection (a) amended March 31,
18 1943 (P.L.32, No.17), are amended to read:
19 Section 1. (a) A commission to be known as the Pennsylvania
20 Public Utility Commission is hereby created. The commission
21 shall consist of five members who shall be [appointed by the
22 Governor, by and with the advice and consent of two-thirds of
23 all the members of the Senate] elected as hereinafter provided.
24 The present commissioners [first appointed under this act,]
25 shall continue in office for [terms of two, four, six, eight,
26 and ten years, respectively, from the effective day of this act]
27 the balance of the terms for which they have been appointed, but
28 their successors shall each be [appointed] elected for a term of
29 [ten] four years. [No commissioner, upon the expiration of his
30 term as aforesaid, shall continue to hold office until his
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1 successor shall be duly appointed or shall be qualified. Each
2 commissioner, at the time of his appointment and qualification,
3 shall be a resident of the Commonwealth of Pennsylvania, and
4 shall have been a qualified elector therein for a period of at
5 least one year next preceding his appointment, and shall also be
6 not less than thirty years of age.]
7 At the first municipal election after a vacancy occurs in the
8 present membership a commissioner shall be elected from the 1st
9 district for a term of four years. Upon the occurrence of
10 additional vacancies commissioners shall be elected from the
11 2nd, 3rd, 4th and 5th districts in that order. Upon the
12 expiration of the term of an elected commissioner the electors
13 in that district shall elect a commissioner for a term of four
14 years. Each commissioner shall be a resident of the district and
15 shall have been a qualified elector therein for a period of at
16 least one year next preceding his nomination. Each commissioner
17 shall be at least twenty-five years old.
18 The 1st district shall consist of Senate districts 21, 25,
19 30, 33, 34, 35, 41, 47, 49 and 50. The 2nd district shall
20 consist of Senate districts 32, 37, 38, 39, 40, 42, 43, 44, 45
21 and 46. The 3rd district shall consist of Senate districts 1, 2,
22 3, 4, 5, 6, 7, 8, 26 and 36. The 4th district shall consist of
23 Senate districts 9, 10, 11, 12, 13, 16, 17, 18, 19 and 24. The
24 5th district shall consist of Senate districts 14, 15, 20, 22,
25 23, 27, 28, 29, 31 and 48.
26 (b) [A member designated by the Governor shall be the
27 chairman of the commission during such member's term of office.]
28 A chairman of the commission shall be elected annually by the
29 commissioners at their first January meeting. When present, the
30 chairman shall preside at all meetings, but in his absence a
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1 member, designated by the chairman, shall preside and shall
2 exercise, for the time being, all the powers of the chairman.
3 * * *
4 Section 2. Section 2 of the act is amended to read:
5 Section 2. When a vacancy shall occur in the office of any
6 commissioner, [a commissioner shall, in the manner aforesaid, be
7 appointed for the residue of the term. If the Senate shall not
8 be in session when any vacancy occurs, any appointment made by
9 the Governor to fill the vacancy shall be subject to the
10 approval of the Senate, when convened. No vacancy in the
11 commission shall impair the right of a quorum of the
12 commissioners to exercise all the rights and perform all the
13 duties of the commission.] the Governor shall issue a writ of
14 election to fill such vacancy with a person from the same
15 district for the remainder of the term.
16 Section 3. This act shall take effect immediately.
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