CSHB 183(URS): "An Act relating to the powers and duties of the chair of the Alaska Public Utilities Commission; relating to membership on the Alaska Public Utilities Commission; relating to political conduct by and removal of members of the Alaska Public Utilities Commission; relating to the annual report of the Alaska Public Utilities Commission; and providing for an effective date."
00CS FOR HOUSE BILL NO. 183(URS) 01 "An Act relating to the powers and duties of the chair of the Alaska Public 02 Utilities Commission; relating to membership on the Alaska Public Utilities 03 Commission; relating to political conduct by and removal of members of the 04 Alaska Public Utilities Commission; relating to the annual report of the Alaska 05 Public Utilities Commission; and providing for an effective date." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. AS 42.05.020(b) is amended to read: 08 (b) The governor shall designate one member of the commission as chair 09 [CHAIRMAN] of the commission. This member shall serve as chair [CHAIRMAN] 10 for a term of four years, but may be appointed for successive terms. The chair is 11 responsible for the administration of the commission and commission employees. 12 * Sec. 2. AS 42.05.035 is repealed and reenacted to read: 13 Sec. 42.05.035. Removal of commissioners. The governor may remove a 14 commissioner from office only for inefficiency, neglect of duty, or misconduct in
01 office, or because the member, while serving on the commission, is convicted of a 02 misdemeanor for violating a statute or regulation related to public utilities or is 03 convicted of a felony. The governor shall deliver to the commissioner a copy of the 04 charges against the commissioner. The commissioner shall have an opportunity to 05 present a defense in person or through counsel at a public hearing before the governor 06 or the governor's designee. The commissioner shall be informed of the hearing by 07 registered mail at least 10 days before the hearing date. At the hearing, the 08 commissioner may confront and cross-examine adverse witnesses. Upon removal of 09 the commissioner, the findings and a complete statement of all charges made against 10 the commissioner shall be filed in the Office of the Lieutenant Governor. 11 * Sec. 3. AS 42.05.040 is repealed and reenacted to read: 12 Sec. 42.05.040. Qualifications of members. (a) No more than two members 13 of the commission may be members of the same political party. A person may not be 14 appointed or reappointed to the commission for one year after changing political party 15 membership. 16 (b) A member of the commission may not participate in 17 (1) political management or in a political campaign for a candidate for 18 election to federal, state, or local office regardless of whether the campaign is partisan 19 or nonpartisan or for passage or defeat of a ballot measure of any type; 20 (2) the campaign of, or attend campaign fund-raising events for, a 21 candidate for governor or the legislature; 22 (3) a fund-raising event held on behalf of a political party or attend a 23 political party fund-raising event; or 24 (4) lobbying activities that would require a person to register as a 25 lobbyist. 26 * Sec. 4. AS 42.05.101(a) is amended to read: 27 (a) The chair of the commission shall establish for the commission a 28 principal office and branch offices necessary to discharge its business efficiently. For 29 the convenience of the public or of parties to a proceeding, the commission may hold 30 meetings, hearings, or other proceedings at other locations. 31 * Sec. 5. AS 42.05.111(b) is amended to read:
01 (b) The chair of the commission may employ temporary legal counsel for the 02 commission from time to time in proceedings before the commission in which the 03 attorney general is representing the public interest or a party before the commission. 04 * Sec. 6. AS 42.05.121 is amended to read: 05 Sec. 42.05.121. Employment of commission personnel. (a) The commission 06 may employ an executive director who shall have had at least five years of experience 07 in public utility management or regulation, law, accounting, engineering, or an allied 08 field. The executive director is responsible for directing the administrative functions 09 of the commission and carrying out the policies as set by the commission. The chair 10 of the commission may employ engineers, hearing officers, administrative law judges 11 to the extent provided by AS 42.06.140(b), experts, clerks, accountants, and other 12 agents and assistants considered [IT CONSIDERS] necessary by the commission . 13 Employees and agents of the commission who are not partially exempt under 14 AS 39.25.120, other than legal counsel, are in the classified service under 15 AS 39.25.100. 16 (b) In addition to the [ITS] staff of regular employees, the chair of the 17 commission may contract for and engage the services of consultants and experts the 18 commission considers necessary. 19 * Sec. 7. AS 42.05.211 is amended to read: 20 Sec. 42.05.211. Annual report. The commission shall, by February 1 [15] of 21 each year, publish an annual report reviewing its work and notify the legislature that 22 the report is available. The report must contain 23 (1) information and data that bear a significant relationship to the 24 development and regulation of public utility services in the state ; 25 (2) [AND INCLUDE] an outline of the commission's program for the 26 development and regulation of public utility services in the forthcoming year ; 27 (3) a summary of the activities of the commission during the 28 previous year; and 29 (4) a report on and evaluation of the timeliness of the commission's 30 action on dockets during the previous year . 31 * Sec. 8. AS 42.05.050 is repealed.
01 * Sec. 9. The provisions of AS 42.05.035, repealed and reenacted by sec. 2 of this Act, 02 apply to a member of the Alaska Public Utilities Commission serving on the effective date 03 of this Act. This Act is intended to extinguish any existing right of a sitting commissioner 04 to the removal procedure specified in former AS 42.05.035. 05 * Sec. 10. This Act takes effect immediately under AS 01.10.070(c).