Senate Bill No. 102–Senator Townsend

 

February 12, 2003

____________

 

Referred to Committee on Commerce and Labor

 

SUMMARY—Revises provisions relating to the Public Utilities Commission of Nevada. (BDR 58‑968)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: Yes.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to the Public Utilities Commission of Nevada; requiring the Governor to appoint a person to serve on the Commission as an Acting Commissioner under certain circumstances; authorizing a Deputy Commissioner of the Commission to serve on the Commission as an Acting Commissioner under certain circumstances; requiring the confirmation of each appointment by the Governor of a person to serve as a Commissioner or as an Acting Commissioner; repealing the prospective increase in the number of Commissioners who serve on the Commission; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1. Chapter 703 of NRS is hereby amended by adding

1-2  thereto the provisions set forth as sections 2 and 3 of this act.

1-3  Sec. 2.  1.  A majority of the Commissioners has full power

1-4  to act in all matters within the jurisdiction of the Commission.

1-5  2.  Before the Commission may enter a final order on a

1-6  matter, there must be at least two Commissioners who are able to

1-7  act on the matter. If there are fewer than two Commissioners who

1-8  are able to act on the matter because of disqualifications, illnesses,

1-9  incapacities, vacancies that have not yet been filled, or any other

1-10  reason, the Governor shall appoint the requisite number of

1-11  persons to serve as Acting Commissioners in the place of the

1-12  Commissioners who are unable to act on the matter so that there

2-1  are at least two persons who are able to act on the matter, whether

2-2  serving as a Commissioner or an Acting Commissioner. If there

2-3  are fewer than two Commissioners who are able to act on the

2-4  matter because of disqualifications, illnesses, incapacities,

2-5  vacancies that have not yet been filled, or any other reason, and

2-6  the Governor has not appointed the requisite number of persons to

2-7  serve as Acting Commissioners pursuant to this subsection, the

2-8  Deputy Commissioner appointed pursuant to subsection 1 of NRS

2-9  703.130 may serve as an Acting Commissioner.

2-10      3.  Before the Governor may appoint a person to serve as an

2-11  Acting Commissioner in the place of a Commissioner who is

2-12  unable to act on the matter, the person must be qualified to serve

2-13  in the office of that Commissioner as if the Governor were

2-14  appointing the person to fill a vacancy in that office.

2-15      4.  A person who is appointed or authorized to serve as an

2-16  Acting Commissioner shall be deemed to be a Commissioner and

2-17  is entitled to exercise the powers of a Commissioner only in

2-18  proceedings before the Commission that involve the matter or

2-19  matters for which the person is appointed or authorized to serve as

2-20  an Acting Commissioner.

2-21      5.  A person who is appointed to serve as an Acting

2-22  Commissioner:

2-23      (a) Is subject to all legal requirements and restrictions and

2-24  enjoys all legal protections and immunities that apply to a

2-25  Commissioner and to state officers generally while the person is

2-26  engaged in the business of the Commission as an Acting

2-27  Commissioner; and

2-28      (b) Is entitled to receive, for each day the person is engaged in

2-29  the business of the Commission as an Acting Commissioner, a

2-30  salary of $80 and the per diem allowance and travel expenses

2-31  provided for state officers and employees generally. The person is

2-32  not entitled to receive any other compensation for serving as an

2-33  Acting Commissioner.

2-34      6.  A person who is appointed to serve as an Acting

2-35  Commissioner serves at the pleasure of the Governor. The

2-36  appointment of the person expires:

2-37      (a) On the date that the Governor declares that the

2-38  appointment has expired; or

2-39      (b) On the date that the matter or matters for which the person

2-40  was appointed are no longer pending before the

2-41  Commission,

2-42  whichever date occurs earlier.

2-43      7.  The Governor may reappoint a person to serve as an

2-44  Acting Commissioner.

3-1  Sec. 3.  1.  The appointment by the Governor of a person to

3-2  serve as a Commissioner pursuant to NRS 703.030 or as an Acting

3-3  Commissioner pursuant to section 2 of this act must first be

3-4  confirmed:

3-5  (a) If the Legislature is in session, by a majority vote of the

3-6  Assembly and a majority vote of the Senate; or

3-7  (b) If the Legislature is not in session, by a majority vote of the

3-8  Legislative Commission.

3-9  2.  Before voting upon a person proposed for appointment by

3-10  the Governor to serve as a Commissioner or as an Acting

3-11  Commissioner, the Legislative Commission shall consider:

3-12      (a) The qualifications of the person;

3-13      (b) The testimony of the public; and

3-14      (c) Any information provided by the person or by the

3-15  Governor.

3-16      3.  A person proposed for appointment by the Governor to

3-17  serve as a Commissioner or as an Acting Commissioner may not

3-18  serve until confirmed pursuant to this section.

3-19      4.  If a person is not confirmed after a vote as required

3-20  pursuant to this section, the Governor may not again propose that

3-21  person for appointment to serve as a Commissioner or as an

3-22  Acting Commissioner before the beginning of the next regular

3-23  session of the Legislature.

3-24      Sec. 4.  NRS 703.080 is hereby amended to read as follows:

3-25      703.080  1.  The Chairman and the other Commissioners ,

3-26  including any Acting Commissioners, are in the unclassified

3-27  service of the State.

3-28      2.  Notwithstanding any other specific statute to the contrary

3-29  and regardless of the length of service, a person who is appointed

3-30  to serve as an Acting Commissioner pursuant to section 2 of this

3-31  act is not entitled because of that appointment to participate in any

3-32  programs or receive any benefits that are offered or provided to

3-33  state officers or employees in the unclassified service of the State

3-34  pursuant to chapter 284, 286 or 287 of NRS.

3-35      Sec. 5.  NRS 703.110 is hereby amended to read as follows:

3-36      703.110  [1.  The majority of the Commissioners have full

3-37  power to act in all matters within their jurisdiction.

3-38      2.  If two Commissioners are disqualified or if there are two

3-39  vacancies within the Commission, the remaining Commissioner

3-40  shall exercise all the powers of the Commission.

3-41      3.] Except as otherwise provided in this chapter, all hearings

3-42  and meetings conducted by the Commission must be open to the

3-43  public.

 

4-1  Sec. 6.  Section 112 of chapter 604, Statutes of Nevada 2001,

4-2  at page 3277, is hereby amended to read as follows:

4-3  Sec. 112. 1.  This section and sections 1 to 27,

4-4  inclusive, 30 to 94, inclusive, 96 to 111, inclusive, and 113 of

4-5  this act become effective upon passage and approval.

4-6  2.  Section 95 of this act becomes effective on July 1,

4-7  2001.

4-8  [3.  Sections 28 and 29 of this act become effective on

4-9  October 1, 2003.]

4-10      Sec. 7.  Sections 28, 29 and 107 of chapter 604, Statutes of

4-11  Nevada 2001, at pages 3237 and 3275, respectively, are hereby

4-12  repealed.

4-13      Sec. 8.  The provisions of section 3 of this act apply to any

4-14  person proposed by the Governor, on or after July 1, 2003, to serve

4-15  as a Commissioner pursuant to NRS 703.030 or as an Acting

4-16  Commissioner pursuant to section 2 of this act.

4-17      Sec. 9.  This act becomes effective on July 1, 2003.

 

4-18  TEXT OF REPEALED SECTIONS

 

4-19      Section 28 of chapter 604, Statutes of Nevada 2001:

4-20      Sec. 28. NRS 703.030 is hereby amended to read as

4-21  follows:

4-22      703.030  1.  The commission consists of [three] five

4-23  commissioners appointed by the governor . [for terms of]

4-24  After the initial terms, the term of each commissioner is 4

4-25  years.

4-26      2.  The governor shall appoint [as members of the

4-27  commission persons] :

4-28      (a) One commissioner to represent the general public.

4-29      (b) Four commissioners who have at least 2 years of

4-30  experience in one or more of the following fields:

4-31      [(a)] (1) Accounting.

4-32      [(b)] (2) Business administration.

4-33      [(c)] (3) Finance or economics.

4-34      [(d)] (4) Administrative law.

4-35      [(e)] (5) Professional engineering.

4-36  Not more than two of the commissioners appointed

4-37  pursuant to this paragraph may be from the same field of

4-38  experience.

4-39      3.  Not more than [two] three of the commissioners may

4-40  be [:

5-1  (a) Members] members of the same political party.

5-2  [(b) From the same field of experience.]

5-3  4.  A vacancy on the commission must be filled for the

5-4  remainder of the unexpired term in the same manner as the

5-5  original appointment.

5-6  Section 29 of chapter 604, Statutes of Nevada 2001:

5-7  Sec. 29. NRS 703.110 is hereby amended to read as

5-8  follows:

5-9  703.110  1.  [The] Except as otherwise provided in

5-10  subsection 2, a majority of the commissioners [have] has full

5-11  power to act in all matters within [their jurisdiction.] the

5-12  jurisdiction of the commission and shall exercise all the

5-13  powers of the commission.

5-14      2.  If [two] a majority of the commissioners are

5-15  disqualified or if there are [two] vacancies within the

5-16  [commission,] offices of a majority of the commissioners,

5-17  the remaining commissioners or, if only one commissioner is

5-18  remaining, the remaining commissioner [or] has full power

5-19  to act in all matters within the jurisdiction of the

5-20  commission and shall exercise all the powers of the

5-21  commission.

5-22      3.  Except as otherwise provided in this chapter, all

5-23  hearings and meetings conducted by the commission must be

5-24  open to the public.

5-25      Section 107 of chapter 604, Statutes of Nevada 2001:

5-26      Sec. 107.  1.  As soon as practicable after July 1, 2003,

5-27  the governor shall appoint two additional commissioners

5-28  to the public utilities commission of Nevada in accordance

5-29  with the provisions of section 28 of this act. For the initial

5-30  terms of those commissioners, the governor shall appoint:

5-31      (a) One commissioner whose term begins on October 1,

5-32  2003, and expires on September 30, 2005; and

5-33      (b) One commissioner whose term begins on October 1,

5-34  2003, and expires on September 30, 2006.

5-35      2.  The provisions of this act do not abrogate or affect the

5-36  term of office of any other commissioner of the public

5-37  utilities commission of Nevada.

 

5-38  H