California 2015-2016 Regular Session Status: Passed Senate

SB 1017 — Public Utilities Commission: public availability of utility supplied documents: judicial review.

Last action — Ordered to third reading.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2015-2016 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

The California Constitution establishes the Public Utilities Commission with certain general authority over all public utilities, including the authority to establish rules for all public utilities, subject to control by the Legislature. The Public Utilities Act prohibits the commission or an officer or employee of the commission from disclosing any information furnished to the commission by a public utility, a subsidiary, an affiliate, or a corporation holding a controlling interest in a public utility, unless the information is specifically required to be open to public inspection under the act, except on order of the commission or a commissioner in the course of a hearing or proceeding. Existing law provides that any officer or employee of the commission who divulges any such information is guilty of a misdemeanor. This bill would prohibit the commission or an officer or employee of the commission from disclosing any information furnished to the commission by a public utility, a subsidiary, an affiliate, or a corporation holding a controlling interest in a public utility, unless the information is specifically required to be open to public inspection by any provision of state or federal law, rather than only by the Public Utilities Act, except on order of the commission or a commissioner in the course of a hearing or proceeding. The bill would require the commission to provide a party furnishing information to the commission with notice and an opportunity to comment prior to the information being made available for inspection or being made public pursuant to this provision. The bill would require the commission, by July 1, 2018, to adopt a written process for the disclosure or publication of information furnished to the commission pursuant to the Public Utilities Act. The bill would make a present or former officer or employee of the commission guilty of a misdemeanor for divulging information contrary to these provisions only if the officer or employee knowingly and willfully makes the disclosure with the knowledge that the information is not publicly disclosable, or with the knowledge that a substantive provision of law required that the information be kept confidential. The California Constitution grants the Legislature plenary authority, unlimited by the other provisions of the Constitution, to establish the manner and scope of review of commission action in a court of record. The Public Utilities Act provides that no court of the state, except the Supreme Court and the court of appeal, has jurisdiction to review, reverse, correct, or annul any order or decision of the commission or to suspend or delay the execution or operation thereof, or to enjoin, restrain, or interfere with the commission in the performance of its official duties. This bill would authorize an action against the commission arising under the California Public Records Act to be brought in the superior court.

Bill Text

Action History

  1. Ordered to third reading.

  2. Read third time and amended. (Ayes 73. Noes 0. Page 5954.)

  3. Read second time. Ordered to third reading.

  4. From committee: Do pass. (Ayes 12. Noes 5.) (August 10).

  5. Read second time and amended. Re-referred to Com. on APPR.

  6. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 5.) (June 29).

  7. From committee with author's amendments. Read second time and amended. Re-referred to Com. on U. & C.

  8. Referred to Com. on U. & C.

  9. In Assembly. Read first time. Held at Desk.

  10. Read third time. Passed. (Ayes 21. Noes 8. Page 3929.) Ordered to the Assembly.

  11. Read second time. Ordered to third reading.

  12. From committee: Be ordered to second reading pursuant to Senate Rule 28.8.

  13. Set for hearing May 2.

  14. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 1. Page 3610.) (April 19). Re-referred to Com. on APPR.

  15. Set for hearing April 19.

  16. From committee: Do pass and re-refer to Com. on JUD. (Ayes 6. Noes 0. Page 3311.) (March 29). Re-referred to Com. on JUD.

  17. Set for hearing March 29.

  18. Referred to Coms. on E., U., & C. and JUD.

  19. From printer. May be acted upon on or after March 13.

  20. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Hill · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 6 voted No

Sponsors (1)

  • Hill

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

SB 1017 Hill Senate Third Reading Amendment Set #1

Passed 73 Yea · 0 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 63007
Democratic 5000
Republican 5000
Total 73007
% of votes cast 91%0%0%9%
How each member voted (80)
Member Party Vote
Kim — Not Voting
Low — Yea
Maienschein — Yea
Mathis — Not Voting
Melendez — Yea
Rodriguez — Yea
Thurmond — Yea
Waldron — Yea
Williams — Yea
Eggman — Yea
Chávez — Yea
Gatto — Yea
Salas — Yea
Bonilla — Yea
Harper — Yea
Jones-Sawyer — Yea
Mayes — Yea
Medina — Yea
Achadjian — Yea
Alejo — Yea
Olsen — Yea
Rendon — Yea
Wagner — Yea
Burke — Yea
Campos — Yea
Chang — Yea
Chau — Yea
Chiu — Yea
Chu — Yea
Cooley — Yea
Baker — Yea
Bigelow — Not Voting
Frazier — Yea
Gordon — Yea
Gray — Yea
Hadley — Yea
Holden — Not Voting
Lopez — Yea
Levine — Yea
Linder — Yea
McCarty — Yea
Mullin — Yea
Nazarian — Yea
O'Donnell — Yea
Cooper — Yea
Atkins — Yea
Obernolte — Not Voting
Quirk — Yea
Bloom — Yea
Ridley-Thomas — Yea
Santiago — Yea
Brough — Yea
Brown — Yea
Dababneh — Yea
Daly — Yea
Dodd — Not Voting
Steinorth — Yea
Ting — Yea
Weber — Yea
Wilk — Yea
Wood — Yea
Gomez — Yea
Beth Gaines — Yea
Cristina Garcia — Not Voting
Eduardo Garcia — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Yea
Arambula, Joaquin Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Yea
Gallagher, James Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Do pass.

Passed 12 Yea · 5 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 10303
Democratic 2000
Republican 0200
Total 12503
% of votes cast 60%25%0%15%
How each member voted (20)
Member Party Vote
Bloom — Yea
Obernolte — Nay
Quirk — Yea
Wagner — Nay
Wood — Yea
Eggman — Yea
Daly — Not Voting
Holden — Yea
Bonilla — Yea
Bigelow — Nay
Chang — Not Voting
Chu — Yea
Santiago — Yea
Weber — Yea
Eduardo Garcia — Not Voting
Lorena Gonzalez — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gallagher, James Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Do pass as amended and be re-referred to the Committee on [Appropriations]

Passed 9 Yea · 5 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 9401
Republican 0100
Total 9501
% of votes cast 60%33%0%7%
How each member voted (15)
Member Party Vote
Williams — Yea
Eggman — Yea
Burke — Yea
Chávez — Nay
Obernolte — Nay
Quirk — Yea
Santiago — Yea
Ting — Yea
Gatto — Yea
Hadley — Nay
Cristina Garcia — Yea
Eduardo Garcia — Not Voting
Jim Patterson — Nay
Roger Hernández — Yea
Dahle, Megan Republican Nay

Official roll call →

3rd Reading SB1017 Hill Motions

Passed 21 Yea · 8 Nay · 11 Other
Party YeaNayPresentNot Voting
Unaffiliated 198010
Democratic 2001
Total 218011
% of votes cast 53%20%0%28%
How each member voted (40)
Member Party Vote
Beall — Yea
Hernandez — Yea
Huff — Not Voting
Lara — Yea
Leyva — Yea
Morrell — Not Voting
Nielsen — Not Voting
Wieckowski — Yea
Fuller — Nay
Cannella — Not Voting
Allen — Yea
Mitchell — Yea
De León — Yea
Hall — Yea
Hancock — Yea
Hertzberg — Yea
Runner — Not Voting
Anderson — Nay
Block — Yea
Hill — Yea
Hueso — Yea
Leno — Yea
Liu — Yea
Monning — Yea
Moorlach — Not Voting
Pan — Not Voting
Pavley — Yea
Roth — Nay
Vidak — Nay
Wolk — Yea
Bates — Not Voting
Mendoza — Not Voting
Galgiani — Nay
Glazer — Nay
Beth Gaines — Nay
Bill Berryhill — Not Voting
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Not Voting

Official roll call →

Do pass, but first be re-referred to the Committee on [Judiciary]

Passed 6 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 5005
Democratic 1000
Total 6005
% of votes cast 55%0%0%45%
How each member voted (11)
Member Party Vote
Leyva — Yea
Hertzberg — Not Voting
Hill — Yea
Hueso — Yea
Lara — Yea
Cannella — Not Voting
Morrell — Not Voting
Pavley — Not Voting
Wolk — Yea
Beth Gaines — Not Voting
McGuire, Mike Democratic Yea

Official roll call →

Subjects

public-safety technology
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Frequently asked questions

What does SB 1017 do?
The California Constitution establishes the Public Utilities Commission with certain general authority over all public utilities, including the authority to establish rules for all public utilities, subject to control by the Legislature. The Public Utilities Act prohibits the commission or an officer or employee of the commission from disclosing any information furnished to the commission by a public utility, a subsidiary, an affiliate, or a corporation holding a controlling interest in a public utility, unless the information is specifically required to be open to public inspection under the act, except on order of the commission or a commissioner in the course of a hearing or proceeding. Existing law provides that any officer or employee of the commission who divulges any such information is guilty of a misdemeanor. This bill would prohibit the commission or an officer or employee of the commission from disclosing any information furnished to the commission by a public utility, a subsidiary, an affiliate, or a corporation holding a controlling interest in a public utility, unless the information is specifically required to be open to public inspection by any provision of state or federal law, rather than only by the Public Utilities Act, except on order of the commission or a commissioner in the course of a hearing or proceeding. The bill would require the commission to provide a party furnishing information to the commission with notice and an opportunity to comment prior to the information being made available for inspection or being made public pursuant to this provision. The bill would require the commission, by July 1, 2018, to adopt a written process for the disclosure or publication of information furnished to the commission pursuant to the Public Utilities Act. The bill would make a present or former officer or employee of the commission guilty of a misdemeanor for divulging information contrary to these provisions only if the officer or employee knowingly and willfully makes the disclosure with the knowledge that the information is not publicly disclosable, or with the knowledge that a substantive provision of law required that the information be kept confidential. The California Constitution grants the Legislature plenary authority, unlimited by the other provisions of the Constitution, to establish the manner and scope of review of commission action in a court of record. The Public Utilities Act provides that no court of the state, except the Supreme Court and the court of appeal, has jurisdiction to review, reverse, correct, or annul any order or decision of the commission or to suspend or delay the execution or operation thereof, or to enjoin, restrain, or interfere with the commission in the performance of its official duties. This bill would authorize an action against the commission arising under the California Public Records Act to be brought in the superior court.
Who sponsors SB 1017?
SB 1017 is sponsored by Hill.
What is the current status of SB 1017?
This bill died with 2015-2016 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 1017?
Track SB 1017 free on One Click Politics — get push/email alerts when it moves.

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