First Regular Session Sixty-eighth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 11-0707.01 Kate Meyer HOUSE BILL 11-1222 HOUSE SPONSORSHIP Conti, Acree, Kerr J., Ramirez, Scott, Swalm, Swerdfeger SENATE SPONSORSHIP Tochtrop, Harvey, Grantham, Renfroe House Committees Senate Committees Transportation A BILL FOR AN ACT Concerning an increase in the accountability to the public of the members of the public utilities commission, and, in connection therewith, decreasing the length of terms of commission membership, limiting commission members to two terms, and subjecting commission members to retention voting by the electors of the state. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) Currently, members of the public utilities commission (PUC) are appointed to 4-year terms by the governor with the consent of the senate. Section 1 of the bill reduces the length of PUC terms to 2 years and makes a PUC member who wishes to retain his or her office after the expiration of his or her initial appointment subject to a retention vote by the people of the state, and limits to 2 the total number of terms that a member is permitted to serve. Section 1 also clarifies that the governor may only appoint PUC members if a vacancy exists. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. 40-2-101 (1), Colorado Revised Statutes, is amended to read: 40-2-101. Creation - appointment - term - subject to termination - repeal of article. (1) (a) A public utilities commission is hereby created, which shall be known as the public utilities commission of the state of Colorado, to consist which consists of three members who shall be are appointed initially by the governor with the consent of the senate. Persons holding office on July 1, 1993, shall continue to serve in such office, but the term of one of these persons shall expire on the Monday preceding the second Tuesday of January, 1995, of another, the Monday preceding the second Tuesday of January, 1996, and of the third, the Monday preceding the second Tuesday of January, 1997, all as the governor shall designate; except that such designation shall not result in the extension of the term of any member to more than four years' duration. Thereafter, appointments shall be made for Terms of four office are for two years. A member of the commission who desires to continue to serve another term after his or her initial term is subject to a vote of the people in accordance with paragraph (b) of this subsection (1). The governor is permitted to appoint a member to the commission under this paragraph (a) only if a vacancy exists. (b) (I) A member of the commission shall not retain his or her office for a second term unless the member files with the secretary of state, not more than six months nor fewer than three months prior to the general election next prior to the expiration of his or her current term, a declaration of intent to run for another term. Failure to file a declaration of intent within the specified time creates a vacancy in that office at the end of the member's current term that the governor shall fill in accordance with paragraph (a) of this subsection (1). (II) Upon the filing of a declaration of intent, the secretary of state shall place a question on the ballot at the general election, as follows: Shall _____ [name of the member] of the public utilities commission be retained in office? Yes_____ No_____ (III) The electors of the state may vote on the question of retention in office of the commission member. (IV) If a majority of those voting on the question vote "yes", the member of the commission is elected to a succeeding full term. If a majority of those voting on the question vote "no", a vacancy exists in that office at the end of the member's current term, and the governor shall fill the vacancy in accordance with paragraph (a) of this subsection (1). (V) A member of the commission may serve only two terms total. SECTION 2. Act subject to petition - effective date - applicability. (1) This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 10, 2011, if adjournment sine die is on May 11, 2011); except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part shall not take effect unless approved by the people at the general election to be held in November 2012 and shall take effect on the date of the official declaration of the vote thereon by the governor. (2) The provisions of this act shall apply to members of the public utilities commission who are appointed or reappointed for a term beginning on or after the effective date of this act.