exempt

                                                   (Reprinted with amendments adopted on June 1, 2003)

 

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.

 

~

 

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; 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

1-13  are at least two persons who are able to act on the matter, whether

1-14  serving as a Commissioner or an Acting Commissioner. If there

2-1  are fewer than two Commissioners who are able to act on the

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

2-3  vacancies that have not yet been filled, or any other reason, and

2-4  the Governor has not appointed the requisite number of persons to

2-5  serve as Acting Commissioners pursuant to this subsection, the

2-6  Deputy Commissioner appointed pursuant to subsection 1 of NRS

2-7  703.130 may serve as an Acting Commissioner.

2-8  3.  Before the Governor may appoint a person to serve as an

2-9  Acting Commissioner in the place of a Commissioner who is

2-10  unable to act on the matter, the person must be qualified to serve

2-11  in the office of that Commissioner as if the Governor were

2-12  appointing the person to fill a vacancy in that office.

2-13      4.  A person who is appointed or authorized to serve as an

2-14  Acting Commissioner shall be deemed to be a Commissioner and

2-15  is entitled to exercise the powers of a Commissioner only in

2-16  proceedings before the Commission that involve the matter or

2-17  matters for which the person is appointed or authorized to serve as

2-18  an Acting Commissioner.

2-19      5.  A person who is appointed to serve as an Acting

2-20  Commissioner:

2-21      (a) Is subject to all legal requirements and restrictions and

2-22  enjoys all legal protections and immunities that apply to a

2-23  Commissioner and to state officers generally while the person is

2-24  engaged in the business of the Commission as an Acting

2-25  Commissioner; and

2-26      (b) Is entitled to receive, for each day the person is engaged in

2-27  the business of the Commission as an Acting Commissioner, a

2-28  salary of $80 and the per diem allowance and travel expenses

2-29  provided for state officers and employees generally. The person is

2-30  not entitled to receive any other compensation for serving as an

2-31  Acting Commissioner.

2-32      6.  A person who is appointed to serve as an Acting

2-33  Commissioner serves at the pleasure of the Governor. The

2-34  appointment of the person expires:

2-35      (a) On the date that the Governor declares that the

2-36  appointment has expired; or

2-37      (b) On the date that the matter or matters for which the person

2-38  was appointed are no longer pending before the

2-39  Commission,

2-40  whichever date occurs earlier.

2-41      7.  The Governor may reappoint a person to serve as an

2-42  Acting Commissioner.

2-43      Sec. 3.  (Deleted by amendment.)

 

 

3-1  Sec. 4.  NRS 703.080 is hereby amended to read as follows:

3-2  703.080  1.  The Chairman and the other Commissioners ,

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

3-4  service of the State.

3-5  2.  Notwithstanding any other specific statute to the contrary

3-6  and regardless of the length of service, a person who is appointed

3-7  to serve as an Acting Commissioner pursuant to section 2 of this

3-8  act is not entitled because of that appointment to participate in any

3-9  programs or receive any benefits that are offered or provided to

3-10  state officers or employees in the unclassified service of the State

3-11  pursuant to chapter 284, 286 or 287 of NRS.

3-12      Sec. 5.  NRS 703.110 is hereby amended to read as follows:

3-13      703.110  [1.  The majority of the Commissioners have full

3-14  power to act in all matters within their jurisdiction.

3-15      2.  If two Commissioners are disqualified or if there are two

3-16  vacancies within the Commission, the remaining Commissioner

3-17  shall exercise all the powers of the Commission.

3-18      3.] Except as otherwise provided in this chapter, all hearings

3-19  and meetings conducted by the Commission must be open to the

3-20  public.

3-21      Sec. 6.  Section 112 of chapter 604, Statutes of Nevada 2001,

3-22  at page 3277, is hereby amended to read as follows:

3-23      Sec. 112. 1.  This section and sections 1 to 27,

3-24  inclusive, 30 to 94, inclusive, 96 to 111, inclusive, and 113 of

3-25  this act become effective upon passage and approval.

3-26      2.  Section 95 of this act becomes effective on July 1,

3-27  2001.

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

3-29  October 1, 2003.]

3-30      Sec. 7.  Sections 28, 29 and 107 of chapter 604, Statutes of

3-31  Nevada 2001, at pages 3237 and 3275, respectively, are hereby

3-32  repealed.

3-33      Sec. 8.  (Deleted by amendment.)

3-34      Sec. 9.  This act becomes effective on July 1, 2003.

 

3-35  TEXT OF REPEALED SECTIONS

 

3-36      Section 28 of chapter 604, Statutes of Nevada 2001:

3-37      Sec. 28. NRS 703.030 is hereby amended to read as

3-38  follows:

3-39      703.030  1.  The commission consists of [three] five

3-40  commissioners appointed by the governor . [for terms of]

4-1  After the initial terms, the term of each commissioner is 4

4-2  years.

4-3  2.  The governor shall appoint [as members of the

4-4  commission persons] :

4-5  (a) One commissioner to represent the general public.

4-6  (b) Four commissioners who have at least 2 years of

4-7  experience in one or more of the following fields:

4-8  [(a)] (1) Accounting.

4-9  [(b)] (2) Business administration.

4-10      [(c)] (3) Finance or economics.

4-11      [(d)] (4) Administrative law.

4-12      [(e)] (5) Professional engineering.

4-13  Not more than two of the commissioners appointed

4-14  pursuant to this paragraph may be from the same field of

4-15  experience.

4-16      3.  Not more than [two] three of the commissioners may

4-17  be [:

4-18      (a) Members] members of the same political party.

4-19      [(b) From the same field of experience.]

4-20      4.  A vacancy on the commission must be filled for the

4-21  remainder of the unexpired term in the same manner as the

4-22  original appointment.

4-23      Section 29 of chapter 604, Statutes of Nevada 2001:

4-24      Sec. 29. NRS 703.110 is hereby amended to read as

4-25  follows:

4-26      703.110  1.  [The] Except as otherwise provided in

4-27  subsection 2, a majority of the commissioners [have] has full

4-28  power to act in all matters within [their jurisdiction.] the

4-29  jurisdiction of the commission and shall exercise all the

4-30  powers of the commission.

4-31      2.  If [two] a majority of the commissioners are

4-32  disqualified or if there are [two] vacancies within the

4-33  [commission,] offices of a majority of the commissioners,

4-34  the remaining commissioners or, if only one commissioner is

4-35  remaining, the remaining commissioner [or] has full power

4-36  to act in all matters within the jurisdiction of the

4-37  commission and shall exercise all the powers of the

4-38  commission.

4-39      3.  Except as otherwise provided in this chapter, all

4-40  hearings and meetings conducted by the commission must be

4-41  open to the public.

4-42      Section 107 of chapter 604, Statutes of Nevada 2001:

4-43      Sec. 107.  1.  As soon as practicable after July 1, 2003,

4-44  the governor shall appoint two additional commissioners

4-45  to the public utilities commission of Nevada in accordance

5-1  with the provisions of section 28 of this act. For the initial

5-2  terms of those commissioners, the governor shall appoint:

5-3  (a) One commissioner whose term begins on October 1,

5-4  2003, and expires on September 30, 2005; and

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

5-6  2003, and expires on September 30, 2006.

5-7  2.  The provisions of this act do not abrogate or affect the

5-8  term of office of any other commissioner of the public

5-9  utilities commission of Nevada.

 

5-10  H