1999 Legislation
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HOUSE BILL NO. 286 – PUC, salaries, pd from fees

HOUSE BILL NO. 286

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Daily Data Tracking History



H0286.....................................................by APPROPRIATIONS
PUBLIC UTILITIES COMMISSION - Amends and repeals existing law to provide
that Public Utilities Commissioners' salaries shall be paid from fees
assessed against utilities regulated by the Public Utilities Commission;
and to provide that the Legislature shall determine expenditures of the
Public Utilities Commission.

02/22    House intro - 1st rdg - to printing
02/23    Rpt prt - to 2nd rdg
02/24    2nd rdg - to 3rd rdg
02/26    3rd rdg - PASSED - 62-0-8
      AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Bruneel,
      Callister, Campbell, Chase, Clark, Crow, Cuddy, Deal, Denney,
      Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould, Hadley,
      Hammond, Hansen(23), Henbest, Hornbeck, Jaquet, Judd, Kempton,
      Kendell, Kunz, Lake, Limbaugh, Linford, Loertscher, Mader, Marley,
      McKague, Meyer, Montgomery, Mortensen, Moyle, Pischner, Pomeroy,
      Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer, Sellman, Smith,
      Smylie, Stevenson, Stone, Taylor(Taylor), Tilman, Tippets, Watson,
      Williams, Wood, Zimmermann
      NAYS -- None
      Absent and excused -- Boe, Hansen(29), Jones, Kellogg, Stoicheff,
      Trail, Wheeler, Mr Speaker
    Floor Sponsor - Watson
    Title apvd - to Senate
03/01    Senate intro - 1st rdg - to Fin
03/17    Rpt out - rec d/p - to 2nd rdg
03/18    2nd rdg - to 3rd rdg
    Rules susp - PASSED - 31-2-2
      AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
      Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh,
      Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Thorne, Twiggs,
      Wheeler
      NAYS--Stennett, Whitworth
      Absent and excused--Parry, Stegner
    Floor Sponsor - Cameron
    Title apvd - to House
03/19    To enrol - rpt enrol - Sp signed - Pres signed
03/23    To Governor
03/24    Governor signed
         Session Law Chapter 289
         Effective: 07/01/99

Bill Text


H0286


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999
                                                                        

                             IN THE HOUSE OF REPRESENTATIVES

                                    HOUSE BILL NO. 286

                               BY APPROPRIATIONS COMMITTEE

 1                                        AN ACT
 2    RELATING TO THE PUBLIC UTILITIES COMMISSION; REPEALING  SECTIONS  61-1002  AND
 3        61-1009,  IDAHO  CODE; AMENDING SECTION 61-1001, IDAHO CODE, TO DELETE THE
 4        EXCEPTION FOR PAYING SALARIES AND  RELATED  PAYROLL  EXPENSES  FOR  PUBLIC
 5        UTILITIES  COMMISSIONERS;  AMENDING SECTION 61-1004, IDAHO CODE, TO DELETE
 6        THE PROHIBITION OF AN APPROPRIATION FROM THE GENERAL FUND,  TO  ALLOW  THE
 7        COMMISSIONERS SALARIES AND WAGES TO BE PAID FROM THE ASSESSMENTS ON UTILI-
 8        TIES  AND  TO  MAKE  TECHNICAL  CORRECTIONS; AND AMENDING SECTION 61-1008,
 9        IDAHO CODE, TO PROVIDE THAT THE LEGISLATURE SHALL DETERMINE  EXPENDITURES,
10        TO DELETE REDUNDANT CODE REFERENCES, AND TO MAKE TECHNICAL CORRECTIONS.

11    Be It Enacted by the Legislature of the State of Idaho:

12        SECTION  1.  That  Sections  61-1002  and 61-1009, Idaho Code, be, and the
13    same are hereby repealed.

14        SECTION 2.  That Section 61-1001, Idaho Code, be, and the same  is  hereby
15    amended to read as follows:

16        61-1001.  ANNUAL  FEES PAYABLE TO COMMISSION BY PUBLIC UTILITIES AND MOTOR
17    CARRIERS -- PURPOSE. Each public utility and each railroad  corporation,  sub-
18    ject  to  the jurisdiction of the commission, and subject to the provisions of
19    this act, shall pay to the commission in each year, a special  regulatory  fee
20    in  such  amount  as  the commission shall find and determine to be necessary,
21    together with the amount of all other fees paid or payable to  the  commission
22    by  each  such public utility and railroad corporation in the current calendar
23    year, together with the fees collected by the commission from  motor  carriers
24    under  chapter 8, title 61, Idaho Code, to defray the amount to be expended by
25    the commission for expenses in supervising and regulating  the  public  utili-
26    ties,    railroad   corporations   and   motor   carriers   subject   to   its
27    jurisdiction , except for salaries and related payroll expenses  for  the
28    commissioners .

29        SECTION  3.  That  Section 61-1004, Idaho Code, be, and the same is hereby
30    amended to read as follows:

31        61-1004.  DUTIES OF COMMISSION -- FEES --  DETERMINATION  --  MAXIMUM  AND
32    MINIMUM FEES. On or before April 15th of each year the commission shall deter-
33    mine  the  proportionate  assessment  that  all railroad corporations, and all
34    other public utilities subject to the jurisdiction of  the  commission,  shall
35    bear  to the amount  which will not be appropriated from the general fund
36     which will be required to defray the  expense  of  the  commission  for
37    supervision  and  regulation  of  such  railroad corporations and other public
38    utilities during the ensuing fiscal year; such determination  shall  be  based
39    upon  a  consideration  of the time and expense devoted to the supervision and
40    regulation of each such class of railroad corporations and other public utili-


                                          2

 1    ties during the preceding calendar year, including salaries and wages  of  the
 2      commissioners  and   employees and all other necessary and lawful
 3    expenditures of the commission. Thereupon the commission shall  apportion  the
 4    assessment thus determined to be required of all railroad corporations and all
 5    other  public  utilities, to each such class thereof, respectively, in propor-
 6    tion to their respective gross  operating  revenues  derived  from  intrastate
 7    utility  business  in  Idaho  for the preceding calendar year, except that the
 8    maximum fee payable shall not exceed:
 9        (1)  In the case of railroad corporations, one  per cent  
10    percent  (1%) of the gross operating revenues derived  from  the  intra-
11    state utility business of each railroad corporation ;  and
12        (2)  In the case of all other public utilities, three-tenths (3/10) of one
13      per  cent   percent  (1%) of the gross operating reve-
14    nues derived from the intrastate utility business of each such public utility.
15        (3)  In no case shall the fee be less than fifty dollars ($50.00).
16        The commission shall make such assessment of the  fees  so  determined  by
17    orders duly made and entered on its minutes.

18        SECTION  4.  That  Section 61-1008, Idaho Code, be, and the same is hereby
19    amended to read as follows:

20        61-1008.   EXPENDITURE --  PUBLIC UTILITIES COMMISSION FUND  --
21    CREATION -- APPROPRIATION -- DISPOSITION OF SURPLUS.  (1) At each regular
22    session,  the  legislature  shall  determine  the  amount of money that may be
23    expended by the public utilities commission during  the  next  ensuing  fiscal
24    year.
25        (2)    The state treasurer shall be custodian of  a fund, which
26    is hereby  created,  to  be  known  as    the  "  P    p
27    ublic    U    u  tilities    C   c
28    ommission  F  f und," into which shall be paid and
29    deposited all funds accruing or received under any and all provisions of  this
30      act      chapter  ,  and  all fees, licenses, charges,
31    assessments, fines and penalties,  including fees  collected  from  motor
32    carriers  under  the provisions of title 61, chapter 8, Idaho Code,  now
33    or hereafter payable to, collected or recovered by the  commission  under  any
34    other  law  of this state, and all funds otherwise appropriated or made avail-
35    able to said fund. All moneys from whatever source accruing  to  and  received
36    into  said fund are hereby appropriated, within the limits of funds determined
37    therefor by the legislature, for the payment of the administrative and mainte-
38    nance expenses of the commission, including salaries and wages of the  commis-
39    sioners  and employees, travel, supplies, equipment, fixed charges, refunds of
40    fees and all other necessary expenses of the commission,  not  otherwise  pro-
41    vided  for  ;  . M  m oneys shall be paid out
42    of    the      said  "P    p  ublic    U
43     u tilities  C   c  ommission    F
44      f  und "  by the state treasurer only upon claim
45    vouchers prepared and approved by the commission, certified by  the  president
46    of the commission to the state controller who, after audit as provided by law,
47    shall  draw  his  warrant against  the   said "P  p
48    ublic   U    u  tilities    C    c
49    ommission    F    f und "  for all such
50    claims.
51         (3)   Any  moneys   collected  under   this   act  
52    remaining  in  the   said  "P  p ublic  
53    U   u tilities   C  c ommission  F


                                          3

 1     f und "  at the end of any fiscal year, shall  be
 2    retained in said fund for the use of the commission for the purposes specified
 3    in  this    act and   chapter. Remaining funds  shall be
 4    credited   ratably   by   the   commission   to   the   respective    railroad
 5    corporations  ,   and  other public utilities  sub-
 6    ject to the provisions of this act  according to the respective portions
 7    of such fees determined hereunder to be assessable against each such  railroad
 8    corporation  and  other  public  utility, respectively, for the ensuing fiscal
 9    year .  , and t  T he respective fee assessed
10    against each  of them, respectively,     railroad  corporation
11    and  public  utility   for such ensuing fiscal year shall be correspond-
12    ingly reduced; provided that, only moneys paid under the  provisions  of  this
13      act   chapter  by railroad corporations and other pub-
14    lic utilities shall be considered in determining the surplus to be so credited
15    by the commission.

Statement of Purpose / Fiscal Impact


                          STATEMENT OF PURPOSE
                               RS 08894C1

This legislation allows public utilities commissioner salaries to be
paid from fees assessed against utilities and regulated carriers.
Before 1975, portions of the administrative costs of the commission
were paid by the general fund. From 1975 to 1984 only the
commissioners' salaries and benefits were paid from the general
fund. However, since 1984 the JFAC has set aside the language
requiring that commissioners be paid from the general fund so that
all costs of the commission have actually been paid by fees put into
the public utilities commission fund. This law change will eliminate
the need for the following section in the appropriation bill that
has been used since 1984: "Notwithstanding any other provisions of
law, there is hereby appropriated from the Public Utilities
Commission Fund and transferred to the General Fund an amount equal
to the General Fund expenditures of the Public Utilities Commission
for the Period July 1, 1999, through June 30, 2000."

                                                                                                  FISCAL NOTE
                                                                     
                                                                  There will be no net impact on the general fund because JFAC will
                                                                  reduce general fund appropriations by an amount equal to the
                                                                  decrease in the transfer to the general fund. JFAC will increase
                                                                  the appropriation from the dedicated fund by the amount of the
                                                                  commissioner salaries and benefits. Therefore, it will no longer    be necessary to provide a general fund appropriation for the
                                                                  commissioners' salaries then transfer the amount of the actual
                                                                  expenditures from the public utilities commission fund to the       general fund.

CONTACT: Representative Maxine Bell, 334-4734
        Senator Dean Cameron, 332-1358
        
STATEMENT OF PURPOSE/ FISCAL NOTE       Bill No.      H 286