Bill Summary – FastDemocracy

Enrolled Copy                                                                          S.B. 99
                      PUBLIC SERVICE COMMISSION AMENDMENTS
                                      2024 GENERAL SESSION
                                           STATE OF UTAH
                               Chief Sponsor: Wayne A. Harper
                                 House Sponsor: Jefferson Moss
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 LONG TITLE
 General Description:
        This bill modifies provisions relating to the appointment of members to a commission.
 Highlighted Provisions:
        This bill:
        < clarifies that a vacancy in the Public Service Commission shall be filled by
 appointment by the governor with the advice and consent of the Senate;
        < makes changes to the process for the governor to appoint a commissioner pro
 tempore to the Public Service Commission;
        < makes changes to the application period for an open appointed position; and
        < makes technical and conforming changes.
 Money Appropriated in this Bill:
        None
 Other Special Clauses:
        This bill provides a special effective date.
        This bill has retrospective operation.
 Utah Code Sections Affected:
 AMENDS:
        54-1-1.5, as last amended by Laws of Utah 2020, Chapters 352, 373
        54-1-1.6, as last amended by Laws of Utah 2011, Chapter 366
        63G-24-201, as enacted by Laws of Utah 2020, Chapter 373
        63G-24-202, as enacted by Laws of Utah 2020, Chapter 373
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       S.B. 99                                                                           Enrolled Copy
 Be it enacted by the Legislature of the state of Utah:
          Section 1. Section 54-1-1.5 is amended to read:
          54-1-1.5. Appointment of members -- Terms -- Qualifications -- Chairman --
 Quorum -- Removal -- Vacancies -- Compensation.
          (1) The commission shall be composed of three members appointed by the governor
 with the advice and consent of the Senate and in accordance with Title 63G, Chapter 24, Part 2,
 Vacancies.
          (2) The terms of the members shall be staggered so that one commissioner is appointed
 for a term of six years on March 1 of each odd-numbered year.
          (3) Not more than two members of the commission shall belong to the same political
 party.
          (4) One member of the commission shall be designated by the governor as chairman of
 the commission.
          (5) Any two commissioners constitute a quorum.
          (6) Any member of the commission may be removed for cause by the governor.
          (7) Vacancies in the commission shall be filled for unexpired terms by appointment of
 the governor with the advice and consent of the Senate.
          (8) Commissioners shall receive compensation as established by the governor within
 the salary range fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation,
 and all actual and necessary expenses incurred in attending to official business.
          (9) Each commissioner at the time of appointment and qualification shall be a resident
 citizen of the United States and of the state of Utah and shall be not less than 30 years of age.
          (10) Except as provided by law, no commissioner may hold any other office either
 under the government of the United States or of this state or of any municipal corporation
 within this state.
          (11) A commissioner shall comply with the conflict of interest provisions described in
 Title 63G, Chapter 24, Part 3, Conflicts of Interest.
          Section 2. Section 54-1-1.6 is amended to read:
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       Enrolled Copy                                                                                S.B. 99
         54-1-1.6. Pro tempore commissioner -- Appointment -- Qualifications.
         (1) If a commissioner has a temporary disability or is disqualified as a result of a
 conflict of interest from sitting as a commissioner, the governor may appoint a commissioner
 pro tempore [according to the procedures and requirements of Section 67-1-1.5.] for a period
 not to exceed 60 days.
         (2) Any person appointed as a commissioner pro tempore shall possess the
 qualifications required for public service commissioners in Section 54-1-1.5 and have previous
 utility regulatory experience or other comparable professional experience.
         (3) The governor may appoint a retired or resigned public service commissioner as a
 commissioner pro tempore in order to render findings, orders, or decisions on matters which
 the retired or resigned commissioner had fully heard before the commissioner's retirement or
 resignation.
         Section 3. Section 63G-24-201 is amended to read:
         63G-24-201. Notice.
         (1) A rulemaking board shall give public notice regarding a vacancy or expiring term
 on the rulemaking board on or before:
         (a) [90] 30 days before the day on which a departing appointed board member's or a
 continuing board member's term expires; or
         (b) 10 days after the day on which the rulemaking board chair or vice chair receives
 written notice of a current appointed board member's intent to leave the board.
         (2) (a) The governor's office shall post the notice described in Subsection (1) on the
 governor's website described in Subsection 67-1-2.5(4).
         (b) A rulemaking board may post the notice described in Subsection (1) on the
 rulemaking board's website.
         Section 4. Section 63G-24-202 is amended to read:
         63G-24-202. Application.
         (1) The application period for an appointed board member [position shall last no fewer
 than 60 days.] shall last for a period of at least:
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        S.B. 99                                                                         Enrolled Copy
        (a) 30 days for an open position due to an expiring term; or
        (b) 14 days for an open position due to a vacancy occurring for a reason other than the
 expiration of a term.
        (2) An applicant shall use the application feature on the governor's website described in
 Subsection 67-1-2.5(4) to apply for a vacant appointed board member position unless the
 notice described in Section 63G-24-201 specifies a different application process.
        (3) The application feature described in Subsection (2) shall require the applicant to
 provide information including:
        (a) the applicant's name;
        (b) the applicant's current employment; and
        (c) the applicant's affiliation with public and private entities, including employment, in
 the five years on or before the day on which the applicant submits the application.
        Section 5. Effective date.
        If approved by two-thirds of all the members elected to each house, this bill takes effect
 upon approval by the governor, or the day following the constitutional time limit of Utah
 Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
 the date of veto override.
        Section 6. Retrospective operation.
        This bill has retrospective operation to December 1, 2023.
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Statutes affected: 
Introduced: 54-1-1.5, 54-1-1.6, 63G-24-201, 63G-24-202
Amended: 54-1-1.5, 54-1-1.6, 63G-24-201, 63G-24-202
Enrolled: 54-1-1.5, 54-1-1.6, 63G-24-201, 63G-24-202