California 2023-2024 Regular Session

California Assembly Bill AB1440 Latest Draft

Bill / Amended Version Filed 03/23/2023

                            Amended IN  Assembly  March 23, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1440Introduced by Assembly Member Chen Jim PattersonFebruary 17, 2023An act to amend Section 16304 of the Corporations Code, relating to partnerships. An act to amend Section 311.5 of the Public Utilities Code, relating to the Public Utilities Commission.LEGISLATIVE COUNSEL'S DIGESTAB 1440, as amended, Chen Jim Patterson. Uniform Partnership Act of 1994: partnership statements. Public Utilities Commission: internet publication: adopted decisions and resolutions.Existing law vests the Public Utilities Commission with regulatory authority over public utilities. Existing law requires the commission to publish and maintain specified documents on the internet, including each of the commissions adopted decisions and resolutions. Existing law requires the commission to publish each of the commissions adopted decisions and resolutions within 10 days of the adoption of each decision or resolution by the commission.This bill instead would require the commission to publish the commissions adopted decisions and resolutions within 5 days of the adoption of each decision or resolution.Existing law, the Uniform Partnership Act of 1994, authorizes a partner or other person named as a partner in a filed statement of partnership authority or in a list maintained by an agent to file a statement of denial stating the name of the partnership as filed with the Secretary of State, any identification number issued by the Secretary of State, and the fact that it is being denied, that may include denial of a persons authority or status as a partner. Existing law provides that a statement of denial is a limitation on partnership authority. Existing law also permits a partner to become dissociated from a partnership and permits the filing of a statement of dissociation, as specified.This bill would specify that a statement of denial is not the same as a statement of dissociation.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NOYES  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 311.5 of the Public Utilities Code is amended to read:311.5. (a) (1) Prior to Before the commencement of any meeting at which commissioners vote on items on the public agenda, the commission shall make available to the public copies of the agenda, and agenda and, upon request, any agenda item documents that are proposed to be considered by the commission for action or decision at a commission meeting.(2) In addition, the commission shall publish the agenda, agenda item documents, and adopted decisions in a manner that makes copies of them easily available to the public, including publishing those documents on the Internet. internet. Publication of the agenda and agenda item documents shall occur on the Internet internet at the same time as the written agenda and agenda item documents are made available to the public.(b) The commission shall publish and maintain the following documents on the Internet: internet:(1) Each of the commissions proposed and alternate proposed decisions and resolutions, until the decision or resolution is adopted and published.(2) Each of the commissions adopted decisions and resolutions. The publication shall occur within 10 five days of the adoption of each decision or resolution by the commission.(3) The then-current version of the commissions general orders and Rules of Practice and Procedure.(4) Each of the commissions rulings. The commission shall maintain those rulings on its Internet Web site internet website until final disposition, including disposition of any judicial appeals, of the respective proceedings in which the rulings were issued.(5) A docket card that lists, by title and date of filing or issuance, all documents filed and all decisions or rulings issued in those proceedings, including the public versions of all prepared oral and written testimony and advice letter filings, protests, and responses. The commission shall maintain the docket card until final disposition, including disposition of any judicial appeals, of the corresponding proceedings.(c) The commission shall make the following information available on the Internet: internet:(1) Information on how members of the public and ratepayers can gain access to the commissions ratemaking process and information regarding the specific matters to be decided.(2) Information on the operation of the office of the public advisor established in Section 321 and how the public advisor can connect members of the public to persons responsible for specific cases and matters to be decided.SECTION 1.Section 16304 of the Corporations Code is amended to read:16304.A partner or other person named as a partner in a filed statement of partnership authority or in a list maintained by an agent pursuant to subdivision (b) of Section 16303 may file a statement of denial stating the name of the partnership as filed with the Secretary of State, any identification number issued by the Secretary of State, and the fact that is being denied, that may include denial of a persons authority or status as a partner. A statement of denial is a limitation on authority as provided in subdivisions (d) and (e) of Section 16303 and is not the same as a statement of dissociation, as described in Section 16704.

 Amended IN  Assembly  March 23, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1440Introduced by Assembly Member Chen Jim PattersonFebruary 17, 2023An act to amend Section 16304 of the Corporations Code, relating to partnerships. An act to amend Section 311.5 of the Public Utilities Code, relating to the Public Utilities Commission.LEGISLATIVE COUNSEL'S DIGESTAB 1440, as amended, Chen Jim Patterson. Uniform Partnership Act of 1994: partnership statements. Public Utilities Commission: internet publication: adopted decisions and resolutions.Existing law vests the Public Utilities Commission with regulatory authority over public utilities. Existing law requires the commission to publish and maintain specified documents on the internet, including each of the commissions adopted decisions and resolutions. Existing law requires the commission to publish each of the commissions adopted decisions and resolutions within 10 days of the adoption of each decision or resolution by the commission.This bill instead would require the commission to publish the commissions adopted decisions and resolutions within 5 days of the adoption of each decision or resolution.Existing law, the Uniform Partnership Act of 1994, authorizes a partner or other person named as a partner in a filed statement of partnership authority or in a list maintained by an agent to file a statement of denial stating the name of the partnership as filed with the Secretary of State, any identification number issued by the Secretary of State, and the fact that it is being denied, that may include denial of a persons authority or status as a partner. Existing law provides that a statement of denial is a limitation on partnership authority. Existing law also permits a partner to become dissociated from a partnership and permits the filing of a statement of dissociation, as specified.This bill would specify that a statement of denial is not the same as a statement of dissociation.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NOYES  Local Program: NO 

 Amended IN  Assembly  March 23, 2023

Amended IN  Assembly  March 23, 2023

 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION

 Assembly Bill 

No. 1440

Introduced by Assembly Member Chen Jim PattersonFebruary 17, 2023

Introduced by Assembly Member Chen Jim Patterson
February 17, 2023

An act to amend Section 16304 of the Corporations Code, relating to partnerships. An act to amend Section 311.5 of the Public Utilities Code, relating to the Public Utilities Commission.

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 1440, as amended, Chen Jim Patterson. Uniform Partnership Act of 1994: partnership statements. Public Utilities Commission: internet publication: adopted decisions and resolutions.

Existing law vests the Public Utilities Commission with regulatory authority over public utilities. Existing law requires the commission to publish and maintain specified documents on the internet, including each of the commissions adopted decisions and resolutions. Existing law requires the commission to publish each of the commissions adopted decisions and resolutions within 10 days of the adoption of each decision or resolution by the commission.This bill instead would require the commission to publish the commissions adopted decisions and resolutions within 5 days of the adoption of each decision or resolution.Existing law, the Uniform Partnership Act of 1994, authorizes a partner or other person named as a partner in a filed statement of partnership authority or in a list maintained by an agent to file a statement of denial stating the name of the partnership as filed with the Secretary of State, any identification number issued by the Secretary of State, and the fact that it is being denied, that may include denial of a persons authority or status as a partner. Existing law provides that a statement of denial is a limitation on partnership authority. Existing law also permits a partner to become dissociated from a partnership and permits the filing of a statement of dissociation, as specified.This bill would specify that a statement of denial is not the same as a statement of dissociation.

Existing law vests the Public Utilities Commission with regulatory authority over public utilities. Existing law requires the commission to publish and maintain specified documents on the internet, including each of the commissions adopted decisions and resolutions. Existing law requires the commission to publish each of the commissions adopted decisions and resolutions within 10 days of the adoption of each decision or resolution by the commission.

This bill instead would require the commission to publish the commissions adopted decisions and resolutions within 5 days of the adoption of each decision or resolution.

Existing law, the Uniform Partnership Act of 1994, authorizes a partner or other person named as a partner in a filed statement of partnership authority or in a list maintained by an agent to file a statement of denial stating the name of the partnership as filed with the Secretary of State, any identification number issued by the Secretary of State, and the fact that it is being denied, that may include denial of a persons authority or status as a partner. Existing law provides that a statement of denial is a limitation on partnership authority. Existing law also permits a partner to become dissociated from a partnership and permits the filing of a statement of dissociation, as specified.



This bill would specify that a statement of denial is not the same as a statement of dissociation.



## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 311.5 of the Public Utilities Code is amended to read:311.5. (a) (1) Prior to Before the commencement of any meeting at which commissioners vote on items on the public agenda, the commission shall make available to the public copies of the agenda, and agenda and, upon request, any agenda item documents that are proposed to be considered by the commission for action or decision at a commission meeting.(2) In addition, the commission shall publish the agenda, agenda item documents, and adopted decisions in a manner that makes copies of them easily available to the public, including publishing those documents on the Internet. internet. Publication of the agenda and agenda item documents shall occur on the Internet internet at the same time as the written agenda and agenda item documents are made available to the public.(b) The commission shall publish and maintain the following documents on the Internet: internet:(1) Each of the commissions proposed and alternate proposed decisions and resolutions, until the decision or resolution is adopted and published.(2) Each of the commissions adopted decisions and resolutions. The publication shall occur within 10 five days of the adoption of each decision or resolution by the commission.(3) The then-current version of the commissions general orders and Rules of Practice and Procedure.(4) Each of the commissions rulings. The commission shall maintain those rulings on its Internet Web site internet website until final disposition, including disposition of any judicial appeals, of the respective proceedings in which the rulings were issued.(5) A docket card that lists, by title and date of filing or issuance, all documents filed and all decisions or rulings issued in those proceedings, including the public versions of all prepared oral and written testimony and advice letter filings, protests, and responses. The commission shall maintain the docket card until final disposition, including disposition of any judicial appeals, of the corresponding proceedings.(c) The commission shall make the following information available on the Internet: internet:(1) Information on how members of the public and ratepayers can gain access to the commissions ratemaking process and information regarding the specific matters to be decided.(2) Information on the operation of the office of the public advisor established in Section 321 and how the public advisor can connect members of the public to persons responsible for specific cases and matters to be decided.SECTION 1.Section 16304 of the Corporations Code is amended to read:16304.A partner or other person named as a partner in a filed statement of partnership authority or in a list maintained by an agent pursuant to subdivision (b) of Section 16303 may file a statement of denial stating the name of the partnership as filed with the Secretary of State, any identification number issued by the Secretary of State, and the fact that is being denied, that may include denial of a persons authority or status as a partner. A statement of denial is a limitation on authority as provided in subdivisions (d) and (e) of Section 16303 and is not the same as a statement of dissociation, as described in Section 16704.

The people of the State of California do enact as follows:

## The people of the State of California do enact as follows:

SECTION 1. Section 311.5 of the Public Utilities Code is amended to read:311.5. (a) (1) Prior to Before the commencement of any meeting at which commissioners vote on items on the public agenda, the commission shall make available to the public copies of the agenda, and agenda and, upon request, any agenda item documents that are proposed to be considered by the commission for action or decision at a commission meeting.(2) In addition, the commission shall publish the agenda, agenda item documents, and adopted decisions in a manner that makes copies of them easily available to the public, including publishing those documents on the Internet. internet. Publication of the agenda and agenda item documents shall occur on the Internet internet at the same time as the written agenda and agenda item documents are made available to the public.(b) The commission shall publish and maintain the following documents on the Internet: internet:(1) Each of the commissions proposed and alternate proposed decisions and resolutions, until the decision or resolution is adopted and published.(2) Each of the commissions adopted decisions and resolutions. The publication shall occur within 10 five days of the adoption of each decision or resolution by the commission.(3) The then-current version of the commissions general orders and Rules of Practice and Procedure.(4) Each of the commissions rulings. The commission shall maintain those rulings on its Internet Web site internet website until final disposition, including disposition of any judicial appeals, of the respective proceedings in which the rulings were issued.(5) A docket card that lists, by title and date of filing or issuance, all documents filed and all decisions or rulings issued in those proceedings, including the public versions of all prepared oral and written testimony and advice letter filings, protests, and responses. The commission shall maintain the docket card until final disposition, including disposition of any judicial appeals, of the corresponding proceedings.(c) The commission shall make the following information available on the Internet: internet:(1) Information on how members of the public and ratepayers can gain access to the commissions ratemaking process and information regarding the specific matters to be decided.(2) Information on the operation of the office of the public advisor established in Section 321 and how the public advisor can connect members of the public to persons responsible for specific cases and matters to be decided.

SECTION 1. Section 311.5 of the Public Utilities Code is amended to read:

### SECTION 1.

311.5. (a) (1) Prior to Before the commencement of any meeting at which commissioners vote on items on the public agenda, the commission shall make available to the public copies of the agenda, and agenda and, upon request, any agenda item documents that are proposed to be considered by the commission for action or decision at a commission meeting.(2) In addition, the commission shall publish the agenda, agenda item documents, and adopted decisions in a manner that makes copies of them easily available to the public, including publishing those documents on the Internet. internet. Publication of the agenda and agenda item documents shall occur on the Internet internet at the same time as the written agenda and agenda item documents are made available to the public.(b) The commission shall publish and maintain the following documents on the Internet: internet:(1) Each of the commissions proposed and alternate proposed decisions and resolutions, until the decision or resolution is adopted and published.(2) Each of the commissions adopted decisions and resolutions. The publication shall occur within 10 five days of the adoption of each decision or resolution by the commission.(3) The then-current version of the commissions general orders and Rules of Practice and Procedure.(4) Each of the commissions rulings. The commission shall maintain those rulings on its Internet Web site internet website until final disposition, including disposition of any judicial appeals, of the respective proceedings in which the rulings were issued.(5) A docket card that lists, by title and date of filing or issuance, all documents filed and all decisions or rulings issued in those proceedings, including the public versions of all prepared oral and written testimony and advice letter filings, protests, and responses. The commission shall maintain the docket card until final disposition, including disposition of any judicial appeals, of the corresponding proceedings.(c) The commission shall make the following information available on the Internet: internet:(1) Information on how members of the public and ratepayers can gain access to the commissions ratemaking process and information regarding the specific matters to be decided.(2) Information on the operation of the office of the public advisor established in Section 321 and how the public advisor can connect members of the public to persons responsible for specific cases and matters to be decided.

311.5. (a) (1) Prior to Before the commencement of any meeting at which commissioners vote on items on the public agenda, the commission shall make available to the public copies of the agenda, and agenda and, upon request, any agenda item documents that are proposed to be considered by the commission for action or decision at a commission meeting.(2) In addition, the commission shall publish the agenda, agenda item documents, and adopted decisions in a manner that makes copies of them easily available to the public, including publishing those documents on the Internet. internet. Publication of the agenda and agenda item documents shall occur on the Internet internet at the same time as the written agenda and agenda item documents are made available to the public.(b) The commission shall publish and maintain the following documents on the Internet: internet:(1) Each of the commissions proposed and alternate proposed decisions and resolutions, until the decision or resolution is adopted and published.(2) Each of the commissions adopted decisions and resolutions. The publication shall occur within 10 five days of the adoption of each decision or resolution by the commission.(3) The then-current version of the commissions general orders and Rules of Practice and Procedure.(4) Each of the commissions rulings. The commission shall maintain those rulings on its Internet Web site internet website until final disposition, including disposition of any judicial appeals, of the respective proceedings in which the rulings were issued.(5) A docket card that lists, by title and date of filing or issuance, all documents filed and all decisions or rulings issued in those proceedings, including the public versions of all prepared oral and written testimony and advice letter filings, protests, and responses. The commission shall maintain the docket card until final disposition, including disposition of any judicial appeals, of the corresponding proceedings.(c) The commission shall make the following information available on the Internet: internet:(1) Information on how members of the public and ratepayers can gain access to the commissions ratemaking process and information regarding the specific matters to be decided.(2) Information on the operation of the office of the public advisor established in Section 321 and how the public advisor can connect members of the public to persons responsible for specific cases and matters to be decided.

311.5. (a) (1) Prior to Before the commencement of any meeting at which commissioners vote on items on the public agenda, the commission shall make available to the public copies of the agenda, and agenda and, upon request, any agenda item documents that are proposed to be considered by the commission for action or decision at a commission meeting.(2) In addition, the commission shall publish the agenda, agenda item documents, and adopted decisions in a manner that makes copies of them easily available to the public, including publishing those documents on the Internet. internet. Publication of the agenda and agenda item documents shall occur on the Internet internet at the same time as the written agenda and agenda item documents are made available to the public.(b) The commission shall publish and maintain the following documents on the Internet: internet:(1) Each of the commissions proposed and alternate proposed decisions and resolutions, until the decision or resolution is adopted and published.(2) Each of the commissions adopted decisions and resolutions. The publication shall occur within 10 five days of the adoption of each decision or resolution by the commission.(3) The then-current version of the commissions general orders and Rules of Practice and Procedure.(4) Each of the commissions rulings. The commission shall maintain those rulings on its Internet Web site internet website until final disposition, including disposition of any judicial appeals, of the respective proceedings in which the rulings were issued.(5) A docket card that lists, by title and date of filing or issuance, all documents filed and all decisions or rulings issued in those proceedings, including the public versions of all prepared oral and written testimony and advice letter filings, protests, and responses. The commission shall maintain the docket card until final disposition, including disposition of any judicial appeals, of the corresponding proceedings.(c) The commission shall make the following information available on the Internet: internet:(1) Information on how members of the public and ratepayers can gain access to the commissions ratemaking process and information regarding the specific matters to be decided.(2) Information on the operation of the office of the public advisor established in Section 321 and how the public advisor can connect members of the public to persons responsible for specific cases and matters to be decided.



311.5. (a) (1) Prior to Before the commencement of any meeting at which commissioners vote on items on the public agenda, the commission shall make available to the public copies of the agenda, and agenda and, upon request, any agenda item documents that are proposed to be considered by the commission for action or decision at a commission meeting.

(2) In addition, the commission shall publish the agenda, agenda item documents, and adopted decisions in a manner that makes copies of them easily available to the public, including publishing those documents on the Internet. internet. Publication of the agenda and agenda item documents shall occur on the Internet internet at the same time as the written agenda and agenda item documents are made available to the public.

(b) The commission shall publish and maintain the following documents on the Internet: internet:

(1) Each of the commissions proposed and alternate proposed decisions and resolutions, until the decision or resolution is adopted and published.

(2) Each of the commissions adopted decisions and resolutions. The publication shall occur within 10 five days of the adoption of each decision or resolution by the commission.

(3) The then-current version of the commissions general orders and Rules of Practice and Procedure.

(4) Each of the commissions rulings. The commission shall maintain those rulings on its Internet Web site internet website until final disposition, including disposition of any judicial appeals, of the respective proceedings in which the rulings were issued.

(5) A docket card that lists, by title and date of filing or issuance, all documents filed and all decisions or rulings issued in those proceedings, including the public versions of all prepared oral and written testimony and advice letter filings, protests, and responses. The commission shall maintain the docket card until final disposition, including disposition of any judicial appeals, of the corresponding proceedings.

(c) The commission shall make the following information available on the Internet: internet:

(1) Information on how members of the public and ratepayers can gain access to the commissions ratemaking process and information regarding the specific matters to be decided.

(2) Information on the operation of the office of the public advisor established in Section 321 and how the public advisor can connect members of the public to persons responsible for specific cases and matters to be decided.





A partner or other person named as a partner in a filed statement of partnership authority or in a list maintained by an agent pursuant to subdivision (b) of Section 16303 may file a statement of denial stating the name of the partnership as filed with the Secretary of State, any identification number issued by the Secretary of State, and the fact that is being denied, that may include denial of a persons authority or status as a partner. A statement of denial is a limitation on authority as provided in subdivisions (d) and (e) of Section 16303 and is not the same as a statement of dissociation, as described in Section 16704.