Reference is to Introduced Version.
Amend the bill, as and if amended, by striking all after the enacting language and inserting:
/ SECTION 1. This act is known and may be cited as the "South Carolina Ratepayer Protection Act of 2019".
SECTION 2. Chapter 27, Title 8 of the 1976 Code is amended by adding:
"Section 8-27-70.
For purposes of Sections 8-27-80 and 8-27-90:
(1) 'Public utility'
means public utility as defined in Sections 58-3-5(6) and
58-33-20 (6), the South Carolina Public Service Authority, and
electric cooperatives.
(2) 'Employee' means an
employee of a public utility.
(3) 'Appropriate
authority' means, respectively, the public utility that employs
the person making the report or the Office of Regulatory Staff.
If a report is made to the Office of Regulatory Staff, the
employing public utility must be notified as soon as practicable
by the entity that received the report.
(4)
'Report' means:
(a)
a written or oral allegation of waste or wrongdoing that
contains the following information:
(i)
the date of disclosure;
(ii)
the name of the employee making the report; and
(iii)
the nature of the wrongdoing and the date or range of
dates on which the wrongdoing allegedly occurred. A report must
be made within one hundred eighty days of the date the reporting
employee first learns of the alleged wrongdoing; or
(b)
sworn testimony regarding wrongdoing, regardless of when
the wrongdoing allegedly occurred, given to any standing
committee, subcommittee of a standing committee, oversight
committee, oversight subcommittee, or study committee of the
Senate or the House of Representatives.
(5) 'Wrongdoing' means
action by a public utility which results in substantial abuse,
misuse, destruction, or loss of substantial public utility funds
or public utility resources. 'Wrongdoing' also includes an
allegation that a public utility has intentionally violated
federal or state statutory law or regulations or other political
subdivision ordinances or regulations or a code of ethics, which
violation is not merely technical or of a minimum nature.
Section 8-27-80. (A)
A public utility may not dismiss, suspend
from employment, demote, or decrease the compensation of an
employee of a public utility because the employee files a report
with an appropriate authority of wrongdoing. If the appropriate
authority determines the employee's report is unfounded, or
amounts to a mere technical violation, and is not made in good
faith, the public utility may take disciplinary action including
termination. Any public utility covered by this chapter may
impose disciplinary sanctions, in accordance with its internal
disciplinary procedures, against any of its direct line
supervisory employees who retaliate against another employee for
having filed a good faith report under this chapter.
(B) Notwithstanding the
filing of a report pursuant to this chapter, a public utility
may dismiss, suspend, demote, or decrease the compensation of an
employee for causes independent of the filing of a protected
report as described in this section.
Section 8-27-90. (A)
If an employee is dismissed, suspended from
employment, demoted, or receives a decrease in compensation,
within one year after having timely reported an alleged
wrongdoing under this chapter, the employee may institute a
nonjury civil action against the employing public utility
for:
(1)
reinstatement to his former position;
(2)
lost wages;
(3)
actual damages not to exceed fifteen thousand dollars;
and
(4)
reasonable attorney's fees as determined by the court.
This award of attorney's fees may not exceed ten thousand
dollars for a trial and five thousand dollars for an appeal. The
action must be brought in the court of common pleas of the
county in which the employment action occurred. An action may
not be brought under this chapter unless the employee has
exhausted all available grievance or other administrative
remedies, and any previous proceedings have resulted in a
finding that the employee would not have been disciplined but
for the reporting of alleged wrongdoing.
(B) An action under
this chapter must be commenced within one year after the accrual
of the cause of action or exhaustion of all available grievance
or other administrative and judicial remedies or is forever
barred."
SECTION 3. Part 6, Chapter 6, Title 37 of the 1976 Code is amended by adding:
"Section 37-6-610. For purposes of Sections 37-6-611 and 37-6-612, 'business with which he is associated' means a business of which the person or a member of his immediate family is a director, an officer, owner, employee, a compensated agent, or holder of stock worth one hundred thousand dollars or more at fair market value and which constitutes five percent or more of the total outstanding stock of any class.
Section 37-6-611.
(A) Unless otherwise provided by
law, a person may not serve as the Consumer Advocate if the
Public Service Commission regulates a business with which that
person is associated.
(B)(1) The Consumer
Advocate may not interview or seek employment with a public
utility while serving as the Consumer Advocate. The Consumer
Advocate may not represent a public utility or appear on behalf
of a public utility in a proceeding before the Public Service
Commission in a matter within the commission's jurisdiction for
a period of one year after the termination of his service as the
Consumer Advocate.
(2)
A person who violates the provisions of this subsection is
guilty of a misdemeanor and, upon conviction, must be fined not
more than five thousand dollars or be imprisoned for not more
than one year, or both.
Section 37-6-612. (A)
An employee of the Department of Consumer
Affairs may not solicit, receive, or accept anything of value
from a person or entity that is regulated by the public service
commission.
(B) A person or entity
that is regulated by the public service commission may not
offer, facilitate, or provide anything of value to a department
employee.
(C) A person may not be
an employee of the department if the public service commission
regulates a business with which that person is associated.
(D) For purposes of
this section, 'anything of value' has the same meaning as
provided in Section 8-13-100(1).
(E) A person who
violates the provisions of this section is guilty of a
misdemeanor and, upon conviction, must be fined not more than
five thousand dollars or be imprisoned not more than one year,
or both."
SECTION 4. Section 58-3-20 of the 1976 Code is amended to read:
"Section 58-3-20.
(A) The commission is composed of
seven members to be elected by the General Assembly in the
manner prescribed by this chapter. Each member must have:
(1)
a baccalaureate or more advanced degree from:
(a)
a recognized institution of higher learning requiring
face-to-face contact between its students and instructors prior
to completion of the academic program;
(b)
an institution of higher learning that has been accredited
by a regional or national accrediting body; or
(c)
an institution of higher learning chartered before 1962;
and
(2)
a background of substantial duration and an expertise in
at least one of the following:
(a)
energy issues;
(b)
telecommunications issues;
(c)
consumer protection and advocacy issues;
(d)
water and wastewater issues;
(e)
finance, economics, and statistics;
(f)
accounting;
(g)
engineering; or
(h)
law.
(B) The review
committee may find a candidate qualified although the candidate
does not have a background of substantial duration and expertise
in one of the eight enumerated areas contained in subsection
(A)(2) of this section if three-fourths of the review committee
vote to qualify the candidate and provide written justification
of their decision in the report as to the qualifications of the
candidates.
(C)
The qualification provisions of subsection (A) of
this section do not apply to the reelection of a commissioner
elected by the General Assembly on March 3, 2004, so long as
there is no break in service.
(D)(1)
Beginning in 2004, the members of the Public
Service Commission must be elected to staggered terms. In 2004,
the members representing the Second, Fourth, and Sixth
Congressional Districts must be elected for terms ending on June
30, 2006, and until their successors are elected and qualify.
Thereafter, members representing the Second, Fourth, and Sixth
Congressional Districts must be elected to terms of four years
and until their successors are elected and qualify. In 2004,
the members representing the First, Third, and Fifth
Congressional Districts and the State at large must be elected
for terms ending on June 30, 2008, and until their successors
are elected and qualify. Thereafter, members representing the
First, Third, and Fifth Congressional Districts and the State at
large must be elected to terms of four years and until their
successors are elected and qualify. Notwithstanding the
provisions of this section, members representing the First,
Third, and Fifth Congressional Districts shall serve until the
expiration of their terms, and in 2013, members representing the
First, Third, and Fifth Congressional Districts must be elected
for terms ending on June 30, 2016, and until their successors
are elected and qualified.
(2)
In the event there are Seven Congressional Districts, the
member elected from the State at large shall serve until the
expiration of his term, and in 2013, a member representing the
Seventh Congressional District must be elected for a term ending
on June 30, 2016, and until his successor is elected and
qualified. Thereafter, the member representing the Seventh
Congressional District must be elected to terms of four years
and until his successor is elected and qualified. Upon the
election and qualification of the member representing the
Seventh Congressional District, the at large member elected to
satisfy the requirements of subsection (E) immediately shall
cease to be a member of the commission.
(E)(C)
The General Assembly must provide for the election
of the seven-member commission and elect its members based upon
the congressional districts established by the General Assembly
pursuant to the latest official United States Decennial Census.
If the number of congressional districts is less than seven,
additional members must be elected at large to provide for a
seven-member commission. In the event the congressional
districts established by the General Assembly are under review
by a court for compliance with statutory or constitutional
requirements, an election scheduled pursuant to this section
shall not be held until a final determination is made by the
courts regarding the congressional districts. The inability to
hold an election due to judicial review of the congressional
districts does not constitute a vacancy on the commission and
the commissioners serve until their successors are elected and
qualify.
(F)(D)
The Governor may fill vacancies in the office of
commissioner until the successor in the office for a full term
or an unexpired term, as applicable, has been elected by the
General Assembly. In cases where a vacancy occurs on the
commission when the General Assembly is not in session, the
Governor may fill the vacancy by an interim appointment. The
Governor must report the interim appointment to the General
Assembly and must forward a formal appointment at its next
ensuing regular session."
SECTION 5. Article 1, Chapter 3, Title 58 of the 1976 Code is amended by adding:
"Section 58-3-21. While hearing cases or any other matter within the commission's jurisdiction or on other official business outside the county in which he resides, within fifty miles of his residence, a public service commissioner is entitled to a subsistence allowance in the amount of thirty-five dollars per day plus such mileage allowance for travel as is provided for other employees of the State. While hearing cases or any other matter within the commission's jurisdiction or on other official business at a location fifty miles or more from his residence, a public service commissioner is entitled to a subsistence allowance in the amount as provided for members of the General Assembly plus such mileage allowance for travel as is provided for other employees of the State.
Section 58-3-22. Members of the Public Service Commission are not prohibited from consulting with commission-retained experts and attorneys in closed session and are not prohibited from deliberating together in closed session in a manner consistent with the appellate courts in this State."
SECTION 6. Section 58-3-25 of the 1976 Code is amended to read:
"Section 58-3-25.
(A) Unless otherwise provided by law,
no a person may not serve as a
member of the commission if the commission regulates any
business with which that person is associated.
(B) If the
commission regulates a business with which an employee of the
commission is associated, the employee must annually file a
statement of economic interests notwithstanding the provisions
of Section 8-13-1110.
(C)
No A person may not be an
employee of the commission if the commission regulates a
business with which the employee is associated, and this
relationship creates a continuing or frequent conflict with the
performance of his official responsibilities.
(C)(1) A
commission employee may not solicit, receive, or accept anything
of value from a person or entity that is regulated by the
commission.
(2)
A person or entity that is regulated by the
commission may not offer, facilitate, or provide anything of
value to a commission employee.
(D) For
purposes of this section, 'anything of value' has the same
meaning as provided in Section 8-13-100(1)."
SECTION 7. Section 58-3-30 of the 1976 Code is amended to read:
"Section 58-3-30.
(A) The commissioners shall take the
oath of office provided by the Constitution and the oaths
prescribed by law for state officers.
(B) The commissioners
and commission employees are bound by the Code of Judicial
Conduct, as contained in Rule 501 of the South Carolina
Appellate Court Rules, except as provided in Section 58-3-260,
and the State Ethics Commission must enforce and administer
those rules pursuant to Section 8-13-320. In addition,
commissioners and commission employees must comply with the
applicable requirements of Chapter 13,
of Title 8.
(C)(1) Each
year, the commissioners and their employees must attend a
workshop of at least six contact hours concerning ethics and the
Administrative Procedures Act. This workshop must be developed
with input from the review committee. Also, each year, the
commissioners and their employees must attend at least six hours
of continuing education curriculum which directly relates to the
subject matter for which the commission is responsible. The
continuing education curriculum must be approved by the Public
Utilities Review Committee.
(2)
In meeting the requirements of this
subsection:
(a)
Commissioners and commission employees may
receive reimbursement of expenses for the extra-judicial
activities permitted by the Code of Judicial Conduct, if the
source of such payments does not give the appearance of
influencing the commissioners and commission employees'
performance of duties or otherwise give the appearance of
impropriety.
(b)
Reimbursement shall not exceed a reasonable
amount nor shall it exceed what a person who is not a
commissioner or commission employee would receive for the same
activity.
(c)
Expense reimbursements are limited to the actual
cost of travel, food, and lodging reasonably incurred, pursuant
to Canon 4 contained in Rule 501 of the South Carolina Appellate
Court Rules, regardless of the source of the reimbursement.
(d)
Notwithstanding another provision of law or the
Code of Judicial Conduct, commissioners and commission employees
may only receive reimbursements reasonably related to obtaining
the continuing education required by this subsection.
(e)
Commissioners and commission employees shall
report the date, place, and nature of any activity for which the
commissioners or commission employees received reimbursement.
The commissioners and commission employees further shall report
the name of the payor and the amount of reimbursement received.
The report must be made at least annually and must be filed as a
public document with the State Ethics Commission.
(D)
Pursuant to the requirements enumerated in this
subsection, commissioners and commission employees may receive
reimbursement of expenses for the extra-judicial activities
permitted by the Code of Judicial Conduct.
(1)
The source of such payments does not give the
appearance of influencing the commissioners and commission
employees' performance of duties or otherwise give the
appearance of impropriety.
(2)
Reimbursement may not exceed a reasonable amount
nor may it exceed what a person who is not a commissioner or
commission employee would receive for the same activity.
(3)
Expense reimbursements are limited to the actual
costs of travel, food, and lodging reasonably incurred, pursuant
to Canon 4 contained in Rule 501 of the South Carolina Appellate
Court Rules, regardless of the source of the reimbursement.
(4)
Notwithstanding another provision of law or the
Code of Judicial Conduct, commissioners and commission employees
only may receive reimbursements reasonably related to obtaining
the continuing education required by this section.
(5)
Commissioners and commission employees shall
report the date, place, and nature of any activity for which the
commissioners or commission employees received reimbursement.
The commissioners and commission employees further shall report
the name of the payor and the amount of reimbursement received.
The report must be made at least annually and must be filed as a
public document with the State Ethics Commission."
SECTION 8. A. Section 58-3-60 of the 1976 Code is amended to read:
"Section 58-3-60.
(A) The commission is authorized and
empowered to employ: a chief clerk and deputy clerk; a
commission attorney and assistant commission attorneys; hearing
officers; hearing reporters; and such other professional,
administrative, technical, and clerical personnel as the
commission determines to be necessary in the proper discharge of
the commission's duties and responsibilities as provided by law.
The chairman must organize and direct the work of the commission
staff. The salaries of the chairman, the commissioners, and the
chief clerk shall not be construed as limiting the maximum
salary which may be paid to other employees of the Public
Service Commission. The commission staff shall not appear as a
party in commission proceedings and shall not offer testimony on
issues before the commission.
(B) Subject to Section
58-3-580, the commission must be staffed and equipped to perform
the functions set forth in this title except for those
responsibilities and functions reserved to the Office of
Regulatory Staff. The expenses must be paid from the assessments
collected pursuant to Section 58-3-100. The chairman, within
allowed budgetary limits and as otherwise allowed by law, must
authorize and approve travel, subsistence, and related expenses
of personnel incurred while traveling on official business.
(C) The commissioners
shall not supervise the Office of Regulatory Staff.
(D)
The commission shall not inspect, audit, or
examine public utilities. The inspection, auditing, and
examination of public utilities is solely the responsibility of
the Office of Regulatory Staff."
B. Section 58-3-190(C) of the 1976 Code is amended to read:
"(C) The
commission may request direct the Office
of Regulatory Staff to make, pursuant to Section 58-4-50(A)(2),
an inspection, audit, or examination of the persons or entities
referred to in subsection (A) regarding matters the commission
requires to be addressed in the reports referred to in
subsection (A)."
C. Section 58-3-200 of the 1976 Code is amended to read:
"Section 58-3-200.
In addition to any authority granted to the Office of
Regulatory Staff, the commission has the authority to
initiate inspections, audits, and examinations
of all persons and entities subject to its jurisdiction,
including a physical inspection of facilities. Such
inspections, audits, and examinations must
relate to matters within the commission's jurisdiction.
Notwithstanding any other provision of law, the
commission must not conduct such inspections, audits, and
examinations itself, but must request that they be conducted by
the Office of Regulatory Staff pursuant to Section
58-4-50(A)(2)."
SECTION 9. Article 1, Chapter 3, Title 58 of the 1976 Code is amended by adding:
"Section 58-3-65. The Public Service Commission may employ, through contract or otherwise, third-party consultants and experts in carrying out its duties if the commission determines it is in the best interests of ratepayers and it is approved by the Public Utilities Review Committee. Prior to employing any third-party consultants or experts, the commission shall apply to the Public Utilities Review Committee for authorization. The application is considered granted if not acted upon by the review committee within thirty days. The commission is exempt from complying with the State Procurement Code in the selection and hiring of third-party consultants or experts authorized by this subsection. The expenses must be paid from the assessments collected pursuant to Section 58-3-100."
SECTION 10. Section 58-3-225 of the 1976 Code is amended by adding an appropriately lettered subsection to read:
"( ) Before making a determination, the commissioners shall question the parties thoroughly during hearings of contested cases when appropriate."
SECTION 11. Section 58-3-260(C) of the 1976 Code is amended by adding an appropriately numbered item at the end to read:
"( ) a communication made by or to a member or staff of the Public Utilities Review Committee, or any other legislative committee charged with review of the commission, in the furtherance of the duties of the committees. The exemption contained in this item does not extend to any communication made regarding a pending matter."
SECTION 12. Article 1, Chapter 3, Title 58 of the 1976 Code is amended by adding:
"Section 58-3-281.
(A) A public utility which violates
any of the provisions of this title or refuses to conform to or
obey any rule, order, or regulation of the Office of Regulatory
Staff or Public Service Commission shall, in addition to the
other penalties prescribed in this chapter, forfeit and pay a
sum up to ten thousand dollars for each offense; and each day
the public utility continues to violate any provision of this
title or continues to refuse to obey or perform any rule, order,
or regulation prescribed by the commission must be a separate
offense.
(B) A public utility or
its officers or agents in charge that fail or refuses, upon the
written demand of the Office of Regulatory Staff or Public
Service Commission, to permit the Regulatory Staff or
Commission, its authorized representatives, or employees to
examine and inspect its books, records, accounts, and documents,
or its plant, property, or facilities, as provided by law, must
be punishable by a fine up to ten thousand dollars for each
offense and each day the violation occurs.
(C) Such action may be
instituted by the Public Service Commission or the Office of
Regulatory Staff and prosecuted by the Attorney General. The
procedure in such actions, the right of appeal, and the rules
regulating appeals must be the same as provided by law in other
civil actions.
Section 58-3-282. The wilful act of an officer, agent, or employee of a public utility acting within the scope of his official duties of employment, for the purpose of this article, must be considered to be the wilful act of the utility.
Section 58-3-283. If a public utility doing business in this State by its agents or employees is guilty of the violation of the rules and regulations provided and prescribed by the commission, and if after due notice of the violation given to the principal officer of the utility, if residing in the State, or, if not, to the manager or superintendent or secretary or treasurer if residing in the State, or, if not, then to any local agent of the utility, ample and full recompense for the wrong or injury done to a person as may be directed by the commission, must not be made within thirty days from the time of the notice, the public utility shall incur a civil penalty for each offense of not more than five thousand dollars.
Section 58-3-284. An officer, agent or employee of a public utility, who wilfully neglects or refuses to make and furnish any report required by the commission for the purposes of this chapter, or who wilfully or unlawfully hinder, delay or obstruct the commission in the discharge of the duties imposed upon it, shall forfeit and pay five thousand dollars for each offense. A delay of ten days to make and furnish the report shall raise the presumption that the same was wilful.
Section 58-3-285. (A)
A person, firm, or corporation operating
under the jurisdiction of the Office of Regulatory Staff or the
Public Service Commission or who is required by law to file
reports with the commission who knowingly or willfully file or
give false information to the Office of Regulatory Staff or the
Public Service Commission in a report, reply, response, or other
statement or document furnished to the commission is guilty of a
misdemeanor, and upon conviction, punishable by a fine of not
more than one thousand dollars or not more than thirty days
imprisonment, or both.
(B) A person, firm, or
corporation operating under the jurisdiction of the utilities
commission or who is required by law to file reports with the
commission who wilfully withholds clearly specified and
reasonably obtainable information from the commission in any
report, response, reply, or statement filed with the commission
in the performance of the duties of the commission or who shall
fail or refuse to file a report, response, reply or statement
required by the commission in the performance of the duties of
the commission is guilty of a misdemeanor, and upon conviction,
punishable by a fine of not more than one thousand dollars or
not more than thirty days imprisonment, or both.
Section 58-3-286. The remedies provided by this chapter must be regarded as cumulative to the remedies otherwise provided by law against public utilities.
Section 58-3-287. (A)
The legislative purpose behind the
certification provisions of this section is to ensure that a
public utility's principal executive officer and principal
financial officer take a proactive role in their company's
submission and disclosure of data and calculations associated
with proceedings before the Public Service Commission, in order
to give the public more confidence in the accuracy, quality, and
reliability of a company's interaction with the Public Service
Commission.
(B) The principal
executive officer and principal financial officer of the public
utility will sign as individuals, powers of attorney are not
permitted, rather than for the company as an authorized
signer.
(C) Certifications from
the principal executive officer and principal financial officer
of the licensee will be required for submittals related to any
procedure specified by the Public Service Commission.
(D) The principal
executive officer and principal financial officer of licensee
will certify that:
(1)
they have reviewed the submittal;
(2)
based on their knowledge, the submittal does not contain
any untrue statement of a material fact or omit to state a
material fact necessary to make the submittal made not
misleading;
(3)
based on their knowledge, the calculations, data, and
other inputs and assumptions provided to the Public Service
Commission included with the submittal, fairly present in all
material respects the information used by the company in
performing the calculations and drawing the conclusions as
submitted to the Public Service Commission. Where a single data
point is required to be selected from a reasonable range, the
company has provided that range in addition to the single data
point that was ultimately utilized in the calculations;
(4)
based on their knowledge, the public utility has complied
with the timelines set out by the Public Service Commission
specified for the respective proceeding; and
(5)
they acknowledge that they are responsible for
establishing and maintaining controls and procedures over the
compiling of data, the ultimate calculations, and other
information submitted to the Public Service Commission for the
accompanying submittal of the public utility, and have designed
controls and procedures, or caused such controls and procedures
to be designed under their supervision, to provide reasonable
assurance regarding the reliability of the calculations, data,
and other information included in the submittal.
(F) Whoever:
(1)
certifies any submittal as set forth in this section
knowing that the submittal does not comport with all the
requirements set forth in this section is guilty of a felony and
upon conviction, must be fined not more than one hundred
thousand dollars or imprisoned not more than five years, or
both; or
(2)
wilfully certifies any submittal as set forth in this
section knowing that the submittal does not comport with all the
requirements set forth in this section is guilty of a felony and
upon conviction, must be fined not more than one hundred
thousand dollars or imprisoned not more than five years, or
both;
(E) The certification
from the principal executive officer and principal financial
officer of licensee must be in the form below:
I, _______________, certify that:
I have reviewed this submittal of __________ (the Company);
Based on my knowledge, this submittal does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the submittal made not misleading.
Based on my knowledge, the calculations, data, and other inputs and assumptions provided to the Public Service Commission included with this submittal, fairly present in all material respects the information used by the company in performing the calculations and drawing the conclusions as submitted to the Public Service Commission, and were provided to the Public Service Commission in a manner consistent with the timelines established by the Public Service Commission for this submittal. Where a single data point was required to be selected from a reasonable range, the company has provided that range in addition to the single data point that was ultimately utilized in the calculations.
The company's other certifying officer and I are responsible for establishing and maintaining controls and procedures over the compiling of data, the ultimate calculations utilized, and the other information submitted by the company to the Public Service Commission, and have designed controls and procedures, or caused such controls and procedures to be designed under our supervision, to provide reasonable assurance regarding the reliability of the compiling of data, the ultimate calculations utilized, and the other information submitted by the company to the Public Service Commission.
Dated:____________ /s/ Signed:____________________
Title:_______________________'"
SECTION 13. Article 1, Chapter 3, Title 58 of the 1976 Code is amended by adding:
"Section 58-3-290. The commission is empowered with the authority to require mediation or alternative dispute resolution related to matters or cases that are pending before the commission. The mediation or alternative dispute resolution ordered by the commission shall be conducted in accordance with the South Carolina Court-Annexed Alternative Dispute Resolution (ADR) Rules."
SECTION 14. Section 58-3-520 of the 1976 Code is amended to read:
"Section 58-3-520.
(A) The review committee
shall must be composed of
ten twelve members, three of whom
shall must be members of the House of
Representatives, including the Chairman of the Labor, Commerce
and Industry Committee, or his designee, three of whom
shall must be members of the Senate,
including the Chairman of the Judiciary Committee or his
designee, two one of whom
shall must be appointed by the Chairman
of the Senate Judiciary Committee from the general public at
large, and two one of whom must
be appointed by the Speaker of the House of Representatives
from the general public at large, and four of whom must be
appointed by the Governor from the general public at large.
The Speaker of the House of Representatives shall determine how
its legislative members shall must be
selected. The Chairman of the Senate Judiciary Committee will
select the members of the Senate. Provided, however, that in
making appointments to the joint committee, race, gender, and
other demographic factors should be considered to assure
nondiscrimination, inclusion, and representation to the greatest
extent possible of all segments of the population of the State.
The members of the general public appointed by the Speaker and
the Chairman of the Senate Judiciary Committee must be
representative of all citizens of this State and must not be
members of the General Assembly.
(B) The review committee must meet as soon
as practicable after appointment and organize itself by electing
one of its members as chairman and such other officers as the
review committee may consider necessary. Thereafter, the review
committee must meet at least annually and at the call of the
chairman or by a majority of the members. A quorum consists of
six seven members.
(C) Unless the review committee finds a
candidate qualified and nominates the candidate for a seat on
the Public Service Commission or for the Executive Director of
the Office of Regulatory Staff, the candidate must not be
elected to the Public Service Commission or appointed to serve
as Executive Director of the Office of Regulatory Staff.
(D) A person
may not be appointed to the review committee if that person has
made a political contribution to the appointing authority in the
appointing authority's applicable current election cycle or the
previous two election cycles. For purposes of this section,
'election cycle' has the same meaning as provided in Section
8-13-1300."
SECTION 15. Section 58-3-530(1) of the 1976 Code is amended to read:
"(1) to
nominate:
(a) no more
than three all candidates found qualified
for each seat on the Public Service Commission to be elected by
the General Assembly. In order to be nominated, a candidate
must be found qualified by meeting the requirements as provided
in Sections 58-3-20 and 58-3-560;,
and to appoint
(b) no more
than one qualified candidate for the Governor to consider in
appointing the Executive Director of the Office of
Regulatory Staff. In order to be nominated
appointed, a candidate must be found qualified by
meeting the minimum requirements as provided in Section
58-4-30. The review committee must give due
consideration to a candidate's experience and expertise in
matters related to public utilities. A person must not
be appointed to serve as Executive Director of the Office of
Regulatory Staff unless nominated by the review committee. If
the Governor rejects a person nominated for the position of
executive director by the review committee, the review committee
must nominate another candidate for the Governor to consider,
until the Governor makes an appointment The
Executive Director of the Office of Regulatory Staff must be an
attorney qualified to practice in all courts of this State with
a minimum of eight years' practice experience. The executive
director must be appointed for a term of six years and until his
successor is appointed. Notwithstanding the six-year term, the
executive director shall serve at the will of the committee and
may be removed by a majority vote of the review committee. Upon
removal, the committee shall appoint a permanent or interim
successor for the executive director;"
SECTION 16. Section 58-3-560 of the 1976 Code is amended to read:
"Section 58-3-560.
(A) Whenever an election is to be held
by the General Assembly in joint session to elect a person to
serve on the commission, the review committee must conduct its
screening pursuant to the provisions of Section 2-20-10, et
seq.; however, Section 2-20-40 is not applicable to a screening
by the review committee. Beginning with the 2020 election
for persons to serve on the commission, the election must be
held at least forty-five days after the screening and nomination
process is complete.
(B) In order to be
nominated for a seat on the commission, candidates must meet the
requirements of Section 58-3-20, and
this section, and Section 58-3-24. In screening
candidates for the commission and making its findings, the
review committee must seek to find the best qualified people by
giving due consideration to:
(1)
ability, dedication, compassion, common sense, and
integrity of the candidates; and
(2)
the race and gender of the candidates and other
demographic factors to assure nondiscrimination to the greatest
extent possible of all segments of the population of the
State."
SECTION 17. Article 5, Chapter 3, Title 58 of the 1976 Code is amended by adding:
"Section 58-3-565. (A)
A member of the review committee may not knowingly,
directly or indirectly, while serving in the position:
(1)
have a business relationship with or receive any form of
income or compensation from a public utility, an affiliate of a
public utility, an association representing a public utility, or
other person or entity whose business is regulated, whether
wholly or in part, by the Office of Regulatory Staff or the
Public Service Commission; or
(2)
ask, demand, solicit, seek, accept, receive, or agree to
receive a campaign contribution, lodging, transportation,
entertainment, food, meals, beverages, money, or anything of
value from a public utility, an affiliate of a public utility,
an association representing a public utility, or other person or
entity whose business is regulated, whether wholly or in part,
by the Office of Regulatory Staff or the Public Service
Commission.
(B) A public utility,
an affiliate of a public utility, an association representing a
public utility, or other person or entity whose business is
regulated, whether wholly or in part, by the Office of
Regulatory Staff or the Public Service Commission may not:
(1)
enter into a business relationship with or provide any
form of income or compensation to a member of the review
committee; or
(2)
offer, solicit, facilitate, or provide a campaign
contribution, lodging, transportation, entertainment, food,
meals, beverages, money, or anything of value to a member of the
review committee.
(C) For purposes of
this section:
(1)
'Person' has the same meaning as provided in Section
8-13-100(24).
(2)
'Public utility' has the same meaning as provided in
Section 58-3-5(6).
(D) A violation of this
section subjects the violator, upon conviction, to the penalties
provided in Article 15, Chapter 13, Title 8."
SECTION 18. Section 58-4-40 of the 1976 Code is amended to read:
"Section 58-4-40.
(A) Unless otherwise provided by law,
no a person may
not serve as the Executive Director of the Office of
Regulatory Staff if the commission regulates any business with
which that person is associated.
(B) If the
commission regulates a business with which an employee of the
Office of Regulatory Staff is associated, the employee must
annually file a statement of economic interests notwithstanding
the provisions of Section 8-13-1110.
(C)
No A person may not be an employee
of the Office of Regulatory Staff if the Public Service
Commission regulates a business with which he is associated
and this relationship creates a continuing or frequent
conflict with the performance of his official
responsibilities.
(C)(1) An
employee of the Office of Regulatory Staff may not solicit,
receive, or accept anything of value from a person or entity
that is regulated by the Office of Regulatory Staff or the
Public Service Commission.
(2)
A person or entity that is regulated by the
Office of Regulatory Staff or the Public Service Commission may
not offer, facilitate, or provide anything of value to an
employee of the Office of Regulatory Staff.
(D) For
purposes of this section, 'anything of value' has the same
meaning as provided in Section 8-13-100(1)."
SECTION 19. Chapter 4, Title 58 of the 1976 Code is amended by adding:
"Section 58-4-140. The Office of Regulatory Staff may employ, through contract or otherwise, third-party consultants and experts in carrying out its duties if it determines it is in the best interests of ratepayers and it is approved by the Public Utilities Review Committee. Prior to employing any third-party consultants or experts, the ORS shall apply to the Public Utilities Review Committee for authorization. The application is considered granted if not acted upon by the review committee within thirty days. The commission is exempt from complying with the State Procurement Code in the selection and hiring of third-party consultants or experts authorized by this subsection. The expenses must be paid from the assessments collected pursuant to Section 58-3-100."
SECTION 20. Section 58-4-30 of the 1976 Code is repealed.
SECTION 21. Unless otherwise stated, this act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.