Bill Text: MI SB1126 | 2017-2018 | 99th Legislature | Introduced

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Bill Title: Public utilities; public service commission; restrictions on Michigan public service commissioners or employees of the public service commission; enact. Amends secs. 1 & 3 of 1939 PA 3 (MCL 460.1 & 460.3).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-09-26 - Referred To Committee On Energy And Technology [SB1126 Detail]

Download: Michigan-2017-SB1126-Introduced.html

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SENATE BILL No. 1126

 

 

September 26, 2018, Introduced by Senator COLBECK and referred to the Committee on Energy and Technology.

 

 

 

     A bill to amend 1939 PA 3, entitled

 

"An act to provide for the regulation and control of public and

certain private utilities and other services affected with a public

interest within this state; to provide for alternative energy

suppliers; to provide for licensing; to include municipally owned

utilities and other providers of energy under certain provisions of

this act; to create a public service commission and to prescribe

and define its powers and duties; to abolish the Michigan public

utilities commission and to confer the powers and duties vested by

law on the public service commission; to provide for the powers and

duties of certain state governmental officers and entities; to

provide for the continuance, transfer, and completion of certain

matters and proceedings; to abolish automatic adjustment clauses;

to prohibit certain rate increases without notice and hearing; to

qualify residential energy conservation programs permitted under

state law for certain federal exemption; to create a fund; to

encourage the utilization of resource recovery facilities; to

prohibit certain acts and practices of providers of energy; to

allow for the securitization of stranded costs; to reduce rates; to

provide for appeals; to provide appropriations; to declare the

effect and purpose of this act; to prescribe remedies and

penalties; and to repeal acts and parts of acts,"

by amending sections 1 and 3 (MCL 460.1 and 460.3).

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. (1) A commission to be known and designated as the

 

"Michigan public service commission" is hereby created, which shall

 

consist The Michigan public service commission is created in the

 

department of licensing and regulatory affairs.

 

     (2) The commission consists of 3 members, not more than 2 of

 

whom shall be are members of the same political party, appointed by

 

the governor with the advice and consent of the senate.

 

     (3) Each member shall of the commission must be a citizen of

 

the United States , and of the this state. of Michigan, and no

 

member of said A member of the commission shall not be pecuniarily

 

interested in any public utility or public service person subject

 

to the jurisdiction and control of the commission. During his or

 

her term, no a member of the commission shall not serve as an

 

officer or committee member of any political party organization or

 

hold any office or be employed by any other commission, board,

 

department, or institution in this state. No commission

 

     (4) An individual is not eligible to be a member of the

 

commission if that individual has ever been retained or employed by

 

any public utility or person subject to the jurisdiction and

 

control of the commission. A member of the commission shall not be

 

retained or employed by any public utility or public service person

 

subject to the jurisdiction and control of the commission during

 

the time he or she is acting as such commissioner, and a member of

 

the commission or for 6 months thereafter, and no 1 year after that

 

time.

 

     (5) A member of the commission , who is a member of the bar

 

State Bar of the state of Michigan , shall not practice his

 

profession law or act as counselor or attorney in any court of this

 

state during the time while he or she is a member of said the

 

commission. : Provided, however, This shall

 

     (6) This section does not require any commissioner member of

 

the commission to retire from , or dissolve any partnership , of

 

which he or she is a member, but said the partnership , while he is

 

a member of the commission, shall not engage in public utility

 

practice while he or she is a member of the commission. Immediately

 

upon the taking effect of this act, the offices of the present

 

members of the Michigan public service commission are hereby

 

abolished, and the members of the Michigan public service

 

commission as herein created shall be appointed by the governor

 

with the advice and consent of the senate, for terms of 6 years

 

each: Provided, That of the members first appointed, 1 shall be

 

appointed for a term of 2 years, 1 for a term of 4 years, and 1 for

 

a term of 6 years. Upon the expiration of said terms successors

 

shall be appointed with like qualifications and in like manner for

 

terms of 6 years each, and until their successors are appointed and

 

qualified. Vacancies shall be filled in the same manner as is

 

provided for appointment in the first instance.

 

     (7) Members of the commission shall serve for terms of 6 years

 

or until a successor is appointed, whichever is later. If a vacancy

 

occurs on the commission, the governor shall make an appointment

 

for the unexpired term in the same manner as the original

 

appointment.

     Sec. 3. The legislature shall annually establish the salary of

 

the chairman chairperson of the commission, and the salary of each

 

of the other members of the commission, and the schedule for

 

reimbursement of expenses for members of the commission. shall be

 

established annually by the legislature. The commission may appoint

 

a secretary and the deputies, clerks, assistants, inspectors, heads

 

of divisions, and employees necessary for the proper exercise of

 

the powers and duties of the commission. All salaries and other

 

expenses incurred by the commission shall must be paid out of funds

 

appropriated by the legislature. All fees and other moneys money

 

received by the commission shall must be paid over at the end of

 

each month to the state treasurer. , taking a receipt therefor. The

 

commission may employ engineers and experts in public utilities and

 

public service matters and fix their compensation for services,

 

which may be paid out of the appropriation provided by the

 

legislature. The engineers, inspectors, and employees shall be are

 

entitled to their actual and necessary expenses incurred in the

 

performance of the work of the commission pursuant to under the

 

schedule established by the legislature. Each deputy, clerk,

 

assistant, engineer, inspector, or expert shall perform the duties

 

required by the commission. The commission shall not employ an

 

individual if that individual has been retained or employed by any

 

public utility or person subject to the jurisdiction and control of

 

the commission during the previous year. An employee of the

 

commission shall sign an agreement that he or she will not be

 

retained or employed by any public utility or person subject to the

 

jurisdiction and control of the commission for 1 year after leaving

employment with the commission. A public utility or person subject

 

to the jurisdiction and control of the commission shall not retain

 

or employ an individual who was employed by the commission for 1

 

year after that individual left employment with the commission.

 

Each member of the commission shall devote his or her entire time

 

to the performance of the duties of his or her office.