Chapter 1102 Oregon Laws 1999

Session Law

AN ACT

HB 3615

Relating to Public Utility Commission; creating new provisions; and amending ORS 756.014 and 756.036.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 756.014 is amended to read:

756.014. (1) There is created the Public Utility Commission of Oregon. The commission shall be composed of three members appointed by the Governor, subject to confirmation by the Senate pursuant to section 4, Article III of the Oregon Constitution. No more than two of such members shall be of the same political party.

(2) Each commissioner shall hold office for the term of four years. A commissioner shall hold office until a successor has been appointed and qualified. The chairperson shall be designated by the [commission, to serve for a term of two years] Governor and shall serve as chairperson at the pleasure of the Governor.

(3) Any vacancy occurring in the office of commissioner shall be filled by appointment by the Governor to hold office for the balance of the unexpired term.

(4) The Governor may at any time remove a commissioner for any cause deemed by the Governor sufficient. Before such removal the Governor shall give the commissioner a copy of the charges, and shall fix a time when the commissioner can be heard, which shall not be less than 10 days thereafter. The hearing shall be open to the public. If the commissioner is removed, the Governor shall file in the office of the Secretary of State a complete statement of all charges made against the commissioner, and the findings thereon with a record of the proceedings. Such power of removal is absolute, and there is no right of review of the same in any court.

SECTION 2. ORS 756.036 is amended to read:

756.036. (1) The Public Utility Commission may:

[(1)] (a) Organize and reorganize the office of the Public Utility Commission in the manner that it considers necessary to properly discharge the responsibilities of the Public Utility Commission.

[(2) Appoint and employ all subordinate officers and employees, including, but not limited to, deputies, assistants, engineers, examiners, accountants, auditors, inspectors and clerical personnel and prescribe their duties and fix their compensation, subject to the State Personnel Relations Law. Subject to any applicable law regulating travel and other expenses of state officers and employees, the commissioners and the officers and employees of the commission shall be reimbursed for such reasonable and necessary travel and other expenses incurred in the performance of their official duties.]

[(3)] (b) Contract for or procure on a fee or part-time basis, or both, such experts, technical or other professional services as it may require for the discharge of its duties.

[(4)] (c) Obtain such other services as it considers necessary or desirable.

[(5)] (d) Participate in organizations of regional and national utility commissions.

[(6)] (e) Appoint advisory committees. A member of an advisory committee so appointed shall receive no compensation for services as a member; but, subject to any applicable law regulating travel and other expenses of state officers and employees, the member shall receive actual and necessary travel and other expenses incurred in the performance of official duties.

(2) Subject to any applicable law regulating travel and other expenses of state officers and employees, the commissioners and the officers and employees of the commission shall be reimbursed for such reasonable and necessary travel and other expenses incurred in the performance of their official duties.

(3) The chairperson of the commission appointed under ORS 756.014 shall serve as the administrative head of the commission and has the power to:

(a) With the consent of one or more of the other members of the commission, appoint and employ all subordinate officers and employees, including, but not limited to, deputies, assistants, engineers, examiners, accountants, auditors, inspectors and clerical personnel, prescribe their duties and fix their compensation, subject to the State Personnel Relations Law.

(b) Prescribe internal policies and procedures for the government of the commission, the conduct of its employees, the assignment and performance of its business and the custody, use and preservation of its records, papers and property in a manner consistent with applicable law.

SECTION 3. (1) The Governor shall appoint an interim task force to study the structure of the Public Utility Commission and determine whether changes to the structure of the commission are necessary or advisable. The task force shall report its findings to the Seventy-first Legislative Assembly in the manner provided in ORS 192.245.

(2) The task force is subject to the provisions of ORS 171.605 to 171.635 and has the authority contained in ORS 171.505 and 171.510. The Public Utility Commission shall provide staff necessary to the performance of the functions of the task force.

(3) Members of the Legislative Assembly appointed to the task force shall be entitled to an allowance as authorized by ORS 171.072 from funds appropriated to the Legislative Assembly. Other members of the task force are entitled to compensation and expenses under ORS 292.495. Claims for expenses incurred in performing functions of the task force shall be paid out of funds available for that purpose.

(4) All agencies, departments and officers of this state are directed to assist the task force in the performance of its functions and to furnish such information and advice as the members of the task force consider necessary to perform their functions.

Approved by the Governor September 3, 1999

Filed in the office of the Secretary of State September 3, 1999

Effective date October 23, 1999

__________