PRINTER'S NO. 2113
No. 1492 Session of 1998
INTRODUCED BY WAGNER, MELLOW, KUKOVICH, COSTA, MUSTO, O'PAKE,
SCHWARTZ AND BODACK, JULY 23, 1998
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
JULY 23, 1998
AN ACT
1 Amending Title 66 (Public Utilities) of the Pennsylvania
2 Consolidated Statutes, providing for confirmation of members
3 of the Pennsylvania Public Utility Commission.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 301(a) of Title 66 of the Pennsylvania
7 Consolidated Statutes is amended to read:
8 § 301. Establishment, members, qualifications and chairman.
9 (a) Appointment and terms of members.--The Pennsylvania
10 Public Utility Commission, established by the act of March 31,
11 1937 (P.L.160, No.43), as an independent administrative
12 commission, is hereby continued as such. Prior to the third
13 Tuesday in January of 1987, the commission shall consist of five
14 members who shall be appointed by the Governor, by and with the
15 advice and consent of two-thirds of all the members of the
16 Senate, for a term of ten years, provided that the term of any
17 member appointed to fill a vacancy existing on the effective
18 date of this amendatory act and prior to the third Tuesday in
1 January of 1987 shall expire on March 31, 1987. Vacancies on
2 April 1, 1987, shall be filled as follows: One term shall be
3 until April 1, 1990, and one term shall be until April 1, 1992.
4 [Confirmation of such gubernatorial appointees shall be by a
5 majority of the members of the Senate.] If other vacancies occur
6 between the effective date of this amendatory act and April 1,
7 1987, the term shall be the balance of the term to which the
8 predecessor had been appointed. Vacancies after April 1, 1987,
9 shall be filled for the balance of the term to which a
10 predecessor had been appointed. Thereafter, the commission shall
11 consist of five members appointed by the Governor, by and with
12 the advice and consent of [a majority] two-thirds of the members
13 of the Senate, for a term of five years. The Governor may submit
14 the nomination to the Senate within 60 days prior to the
15 expiration of the term or the effective date of the resignation
16 of the member whom the nominee would replace and shall submit
17 that nomination no later than 90 days after the expiration of
18 the term or the effective date of the resignation. A
19 commissioner may continue to hold office for a period not to
20 exceed six months beyond the expiration of his term if his
21 successor has not been duly appointed and qualified according to
22 law.
23 * * *
24 Section 2. This act shall take effect in 60 days.
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