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Legislative History

The original Office of Consumers’ Utility Counsel was created by the Consumers’ Utility Counsel Act of 1975.  The CUC was attached at that time to the Public Service Commission for administrative purposes, and the Counsel was appointed by and served at the pleasure of the Attorney General.

In 1977, the General Assembly added a “sunset” or automatic repealer clause to the CUC’s authorizing statutes, providing for the expiration of the agency two years later, on June 30, 1979.   In 1979, the legislature voted to attach the CUC to the Office of Planning and Budget for administrative purposes and to have the Counsel appointed by and serve at the pleasure of the Governor.  The General Assembly also continued the CUC for an additional year.

The 1980 General Assembly did not act to re-create the CUC, which probably would have resulted in cessation of operations on June 30, 1980.  However, on that date, Governor George D. Busbee signed an Executive Order providing for the continued operation of the office.  Governor Busbee also signed an agreement with the Commission allowing CUC representation at Commission hearings and meetings and to otherwise continue its functions.  In 1981, the General Assembly continued the office for a two-year period.  The existence of the office was extended for another two-year period in 1983 and for one-year periods in 1985, 1986 and 1987.

In 1988, Governor Joe Frank Harris proposed that the practice of periodic “sunset” of the CUC be discontinued and that the agency be granted a three-year renewal.  In addition, the office was attached to the Office of the Administrator (the “Office of Consumer Affairs”) created by O.C.G.A. Section 10-1-395.  The 1991 General Assembly extended the office for four years until April 1995 and enacted new legislative provisions requiring that employment and consultant contracts be approved by the OCA Administrator; and also that certain performance and management audits be conducted prior to January 1, 1993, and January 1, 1995.

The 1995 General Assembly then made further amendments to Title 46, Chapter 10, establishing the CUC as a division of OCA, repealing the audit and sunset provisions, and providing that the director be appointed no longer by the Governor but by the OCA Administrator.