§ 39-1-23 - Administrative expenses – Assessment against utilities.
SECTION 39-1-23
§ 39-1-23 Administrative expenses –Assessment against utilities. – (a) The administrator shall aggregate the expenses of the division, includingexpenses incurred by the attorney general pursuant to § 39-1-19, andexpenses incurred by the commission for each upcoming fiscal year and shallapportion and assess these expenses among the state's regulated utilities basedupon approved budgets. When submitting the budget, the budget office shallclearly indicate the revenues from assessments. Included within thisprospective assessment shall be those expenses expected to be incurred by theattorney general pursuant to § 39-1-19 for the upcoming fiscal year. Theexpenses anticipated by the attorney general and the commission for eachupcoming fiscal year shall be communicated to the administrator within thirty(30) days of request by the administrator. The administrator shall thereuponapportion and assess one hundred percent (100%) of such expenses among theseveral public utility companies and common carriers located in this state inthe proportion that the gross intrastate utility operating revenues of eachpublic utility company and common carrier shall bear to the total grossintrastate utility operating revenues for the last preceding fiscal year of allpublic utility companies and common carriers; provided, however, that anypublic utility or common carrier, whose gross intrastate revenues in any fiscalyear as reported to the administrator do not exceed one hundred thousanddollars ($100,000), shall not be subject to the assessment under the provisionshereof; and, provided further, that all motor carriers subject to theprovisions of chapter 12 of this title shall not be subject to the assessmentunder the provisions hereof. The sum so apportioned and assessed shall be inaddition to any taxes payable to the state under any other provision of law.The assessments shall be divided between the commission and the division basedupon the approved budgets.
(b) The administrator shall apply any budgetary balance orshortfalls remaining from a prior annual assessment toward the next upcomingfiscal year assessment to the division or the commission as appropriate.
(c) Upon collection from the several public utility companiesand common carriers operating in this state, assessments and any stateappropriations shall be deposited in an account to be known as the publicutilities commission funding account. This fund shall be a restricted receiptaccount and shall be kept by the general treasurer separately and shall be paidout by the general treasurer only upon receipt of properly authenticatedvouchers signed by the administrator or his or her designee for the division'sshare of the account. The same procedure shall be followed for the commissionexcept that such vouchers shall be signed by the commission chairperson or hisor her designee. The general treasurer shall provide for separate accounting ofthe division and commission budget and expenses. The moneys in the publicutilities fund shall be expended by the administrator or the commission, asappropriate for meeting the expenses of the operation of the commission, thedivision and those expenses incurred by the attorney general, pursuant to§ 39-1-19.
(d) The legislature may appropriate from the general fundssuch sums as are necessary for the regulation of public utilities.