5108

Document Sample
5108 Powered By Docstoc
					BIL:      5108
TYP:      General Bill GB
INB:      House
IND:      20020411
PSP:      Law
SPO:      Law, Cato, Sandifer and Trotter
DDN:      l:\council\bills\pt\1909dw02.doc
RBY:      House
COM:      Labor, Commerce and Industry Committee 26 HLCI
LAD:      20020528
SUB:      Gas and electric utilities, to delete requirement of annual reports of
          demand-side activities


HST:

Body      Date        Action Description                        Com     Leg Involved
______    ________    _______________________________________   _______ ____________
------    20020529    Scrivener's error corrected
House     20020529    Committed to Committee                    26 HLCI
Senate    20020528    Amended, read third time,
                      returned to House with amendment
Senate    20020523    Debate interrupted
Senate    20020522    Debate adjourned
Senate    20020516    Read second time, ordered to
                      third reading with notice of
                      general amendments
Senate    20020515    Committee report: Favorable               11 SJ
Senate    20020507    Introduced, read first time,              11 SJ
                      referred to Committee
House     20020503    Read third time, sent to Senate
House     20020502    Read second time, unanimous consent
                      for third reading on the next
                      Legislative day
House     20020501    Committee report: Favorable               26 HLCI
House     20020411    Introduced, read first time,              26 HLCI
                      referred to Committee


Versions of This Bill


Revised   on   20020501
Revised   on   20020515
Revised   on   20020528
Revised   on   20020529


TXT:
 1 AS PASSED BY THE SENATE
 2 May 28, 2002
 3
 4                                                   H. 5108
 5
 6         Introduced by Reps. Law, Cato, Sandifer and Trotter
 7
 8 S. Printed 5/28/02--S.                    [SEC 5/29/02 4:01 PM]
 9 Read the first time May 7, 2002.
10
11
12
13




    [5108-1]
 1
 2
 3
 4
 5
 6
 7
 8
 9                              A BILL
10
11   TO REPEAL SECTION 58-37-30, CODE OF LAWS OF SOUTH
12   CAROLINA, 1976, RELATING TO ANNUAL REPORTS
13   REQUIRED OF DEMAND-SIDE ACTIVITIES OF CERTAIN
14   GAS AND ELECTRIC UTILITIES.
15     Amend Title To Conform
16
17   Be it enacted by the General Assembly of the State of South
18   Carolina:
19
20   SECTION 1. Section 1-3-240(C) of the 1976 Code is amended to
21   read:
22
23     “(C) Persons appointed to the following offices of the State may
24   be removed by the Governor for malfeasance, misfeasance,
25   incompetency, absenteeism, conflicts of interest, misconduct,
26   persistent neglect of duty in office, or incapacity:
27        (1) Workers’ Compensation Commission;
28        (2) Commission of the Department of Revenue;
29        (3) Ethics Commission;
30        (4) Election Commission;
31        (5) Professional and Occupational Licensing Boards;
32        (6) Juvenile Parole Board;
33        (7) Probation, Parole and Pardon Board;
34        (8) Director of the Department of Public Safety;
35        (9) Board of the Department of Health and Environmental
36   Control, excepting the Chairman;
37        (10) Chief of State Law Enforcement Division.;
38        (11) South Carolina Lottery Commission; and
39        (12) Executive Director of the Office of Public Staff, upon
40   compliance with the requirements of Section 58-4-30(F).




     [5108]                          1
 1     Upon the expiration of an officeholder’s term, such the
 2   individual may continue to serve until a successor has been
 3   appointed and qualifies.”
 4
 5   SECTION 2. The 1976 Code is amended by adding:
 6
 7      “Section 8-13-935. (A) No candidate for or person intending to
 8   become a candidate for the Public Service Commission
 9   (hereinafter candidate) may seek directly or indirectly the pledge
10   of a member of the General Assembly’s vote or, directly or
11   indirectly, contact a member of the General Assembly regarding
12   screening for the Public Service Commission until the
13   qualifications of all candidates for that office have been
14   determined by the Public Service Commission and Office of Public
15   Staff Review Committee and the review committee has formally
16   released its report as to the qualifications of all candidates for the
17   vacancy to the General Assembly. For purposes of this section,
18   indirectly seeking a pledge means the candidate, or someone acting
19   on behalf of and at the request of the candidate, requesting requests
20   a person to contact a member of the General Assembly on behalf
21   of the candidate before nominations are formally made by the
22   review committee. The prohibitions of this section do not extend
23   to an announcement of candidacy by the candidate and statements
24   or statement by the candidate detailing the candidate’s
25   qualifications.
26      (B) No member of the General Assembly may offer his pledge
27   until the qualifications of all candidates for the Public Service
28   Commission have been determined by the Public Service
29   Commission and Office of Public Staff Review Committee and
30   until the review committee has formally released its report as to the
31   qualifications of its nominees to the General Assembly. The
32   formal release of the report of qualifications shall occur no earlier
33   than forty-eight hours after the nominees have been initially
34   released to members of the General Assembly.
35      (C) No member of the General Assembly may trade anything of
36   value, including pledges to vote for legislation or for other
37   candidates, in exchange for another member’s pledge to vote for a
38   candidate for the Public Service Commission.
39      (D) Violations of this section may be considered by the Public
40   Service Commission and Office of Public Staff Review Committee
41   when it considers the candidate’s qualifications. Violations of this
42   section by members of the General Assembly must be reported by
43   the review committee to the House or Senate Ethics Committee, as

     [5108]                            2
 1   may be applicable. Violations of this section by incumbent
 2   commissioners seeking reelection must be reported by the
 3   commission to the State Ethics Commission. A violation of this
 4   section is a misdemeanor and, upon conviction, the violator must
 5   be fined not more than one thousand dollars or imprisoned not
 6   more than ninety days. Cases tried under this section may not be
 7   transferred from general sessions court pursuant to Section
 8   22-3-545.”
 9
10   SECTION 3. Part 6 of Chapter 6 of Title 37 of the 1976 Code is
11   amended to read:
12
13                                  “Part 6.
14
15                     Division of Consumer Advocacy
16
17     Section 37-6-601. There is hereby created in the Department of
18   Consumer Affairs the Division of Consumer Advocacy with duties
19   and organizations as hereinafter provided.
20
21      Section 37-6-602. The consumer advocate may be the
22   Administrator of Consumer Affairs or he may be appointed by the
23   Administrator administrator with the approval of the Commission
24   on Consumer Affairs. The consumer advocate shall must be an
25   attorney qualified to practice in all courts of this State with a
26   minimum of three years’ practice experience.
27
28      Section 37-6-603. The Division of Consumer Advocacy shall
29   must be staffed and equipped to perform the functions prescribed
30   in Section 37-6-604. The expenses of the office shall must be paid
31   from appropriations provided annually in the State General
32   Appropriation Act.
33
34      Section 37-6-604. (A) The Except as provided in subsection
35   (C), the functions and duties of the Division of Consumer
36   Advocacy are:
37        (1) To to provide legal representation of the consumer
38   interest before the state and federal regulatory agencies which
39   undertake to fix rates or prices for consumer products or services
40   or to enact regulations or establish policies related thereto and to
41   provide legal representation of the consumer interest concerning
42   Certificates of Need for health facilities and services, as required


     [5108]                           3
 1   for an activity under Section 44-7-160, health care licensing
 2   procedures, and other health related-matters.
 3        (2) To to monitor existing regulations, rate structures and
 4   policies of that agency of special interest to consumers and report
 5   to the public through the news media proposed changes therein
 6   under consideration and the effect of those changes on the lives of
 7   the citizens of the State.
 8        (3) The annual report required of the Commission on
 9   Consumer Affairs must include a report on the activities of the
10   Division of Consumer Advocacy.
11        (4) To to evaluate and act upon requests from consumers
12   concerning the matters set forth in items (1) and (2) above, except
13   that any proceedings initiated by the advocate must be brought on
14   behalf of the public at large and not for individuals; initiation or
15   continuation of any proceedings must be at the sole discretion of
16   the consumer advocate.
17      (B) The annual report required of the Commission on
18   Consumer Affairs must include a report on the activities of the
19   Division of Consumer Advocacy.
20      (C) After June 30, 2003, the division is not responsible for
21   representing consumers in matters arising under Title 58 of the
22   South Carolina Code of Laws, including matters pending before
23   state or federal regulatory agencies or courts, with the exception of
24   matters pending on June 30, 2003, or any appeals of those matters
25   pending on June 30, 2003. Matters or appeals pending on June 30,
26   2003 shall be handled by the Consumer Advocate until June 30,
27   2005, when responsibility for such matters will be transferred to
28   the Office of Public Staff..
29
30      Section 37-6-605. In the performance of his assigned functions
31   the advocate shall must have reasonable access to records of all
32   state agencies which are not classified by law as confidential, and
33   all state agencies shall must cooperate with the advocate in the
34   performance of his duties. In addition, the advocate shall must
35   have reasonable access to confidential records and information,
36   provided he enters a proprietary agreement to insure ensure their
37   confidentiality. The South Carolina Department of Insurance and
38   advocate also shall have access to records, information, and data of
39   the insurance companies as well as all of their sister affiliates,
40   subsidiaries, and parent companies. During the course of a rate
41   making or other proceeding before the South Carolina Department
42   of Insurance or the Public Service Commission, the Consumer
43   Advocate, as a party of record, may request in writing, in addition

     [5108]                            4
 1   to all other methods of discovery as provided by law for
 2   proceedings before the South Carolina Department of Insurance or
 3   the Public Service Commission, the issuance by the director of the
 4   Department of Insurance or the executive director of the Public
 5   Service Commission of an order compelling a witness or company
 6   to either produce or allow inspection of documentary evidence
 7   relevant to the matter before the South Carolina Department of
 8   Insurance or the Public Service Commission. If the executive
 9   director issues or refuses to issue the order, the aggrieved party
10   may appeal to the full commission. The written request, in
11   addition to showing a general relevance and reasonable scope of
12   the evidence sought, must also specify with particularity the books,
13   accounts, papers, records, or other materials of the business desired
14   and the facts expected to be proved thereby. For good cause
15   shown, in lieu of a written request, the request for such an order
16   may be made orally upon the record to the presiding officer at the
17   hearing. Any objections to the issuance of the order must be filed
18   with the commission within three days of being notified of the
19   written request or such the order. Any objections so filed must list
20   the specific grounds for objection. The commission shall rule on
21   the objections within ten days or the objection is denied.
22
23      Section 37-6-606. (1)(A) Whenever the advocate determines
24   that it would be in the interest of consumers affected by regulatory
25   agencies, he may file with the appropriate regulatory agency a
26   petition requesting it to commence or complete a proceeding
27   respecting any organization whose operations substantially affect
28   the consumer interest.
29      (2)(B) The petition shall set forth must state facts which it is
30   claimed claim to establish the need for the proceeding and a brief
31   description of the substance of the order or amendment desired as a
32   result of the hearing proceeding.
33      (3)(C) The regulatory agency may hold a public hearing or may
34   conduct such investigation or proceeding as it deems considers
35   appropriate in order to determine whether or not such the petition
36   should be granted.
37      (4)(D) Within sixty days after the filing of the petition described
38   in item (1) of this section subsection (A), the regulatory agency
39   shall must either grant or deny the petition. If the agency grants
40   the petition, it shall must promptly commence or complete the
41   proceeding, as requested by the petition. If the agency denies the
42   petition it shall must publish the reasons for such the denial.


     [5108]                            5
 1      (5)(E) If the regulatory agency denies the petition made under
 2   this section (or if it fails to grant or deny such the petition within
 3   sixty days), the petitioner may commence a civil action in the
 4   circuit court to compel the regulatory agency to commence or
 5   complete the proceeding as requested in the petition. Any such
 6   The action may be filed by the petitioner thirty days after the
 7   denial of the petition or, if the agency fails to grant or deny the
 8   petition within sixty days, within thirty days after the expiration of
 9   the sixty-day period.
10      (6)(F) If the petitioner can demonstrate demonstrates to the
11   satisfaction of the court that the failure of the agency to commence
12   or complete the proceeding as requested in the petition was
13   unreasonable, the court shall must order the agency to commence
14   or complete the proceeding as requested in the petition.
15      (7)(G) In any action under this section, the court shall have has
16   no authority to compel the agency to take any action other than the
17   commencement or completion of a proceeding.
18      (H) The remedies under this subsection shall be are in addition
19   to and not in lieu of other remedies provided by law.
20      (I) After June 30, 2003, the division is not responsible for
21   representing consumers in matters arising under Title 58 of the
22   South Carolina Code of Laws, including matters pending before
23   state or federal regulatory agencies or courts, with the exception of
24   matters pending on June 30, 2003, or any appeals of those matters
25   pending on June 30, 2003.
26
27      Section 37-6-607. (A) The advocate shall be deemed is
28   considered to have an interest sufficient to maintain actions for
29   judicial review and may, as of right, and in the manner prescribed
30   by law, intervene or otherwise participate in any civil proceeding
31   which involves the review or enforcement of an agency action that
32   the consumer advocate determines may substantially affect the
33   interests of consumers.
34      (B) After June 30, 2003, the division is not responsible for
35   representing consumers in matters arising under Title 58 of the
36   South Carolina Code of Laws, including matters pending before
37   state or federal regulatory agencies or courts, with the exception of
38   matters pending on June 30, 2003, or any appeals of those matters
39   pending on June 30, 2003.
40
41     Section 37-6-608. (A) To the extent necessary to carry out the
42   consumer advocacy responsibilities, the advocate may in addition
43   to a regular staff, employ temporary, professional, technical, or

     [5108]                            6
 1   research specialists to assist in preparing and presenting cases.
 2   The compensation paid to such persons may be commensurate
 3   with compensation generally paid by the regulated industry for
 4   such these specialists, but shall not exceed the appropriation made
 5   for such purposes.
 6      (B) After June 30, 2003, the division is not responsible for
 7   representing consumers in matters arising under Title 58 of the
 8   South Carolina Code of Laws, including matters pending before
 9   state or federal regulatory agencies or courts, with the exception of
10   matters pending on June 30, 2003, or any appeals of those matters
11   pending on June 30, 2003.
12
13      Section 37-6-609. (A) Decisions of the Consumer Advocate
14   consumer advocate respecting whether, when, or how to initiate,
15   continue, or intervene in proceedings under Sections 37-6-601 to
16   37-6-608, shall must be in the sole discretion of the Consumer
17   Advocate consumer advocate except as modified by order of a
18   Court court of competent jurisdiction.
19      (B) After June 30, 2003, the division is not responsible for
20   representing consumers in matters arising under Title 58 of the
21   South Carolina Code of Laws, including matters pending before
22   state or federal regulatory agencies or courts, with the exception of
23   matters pending on June 30, 2003, or any appeals of those matters
24   pending on June 30, 2003.”
25
26   SECTION 4. Article 1, Chapter 3 of Title 58 of the 1976 Code is
27   amended to read:
28
29                                 “Article 1.
30
31                            General Provisions
32
33      Section 58-3-5. As used in this chapter and Chapter 4:
34         (1) ‘A business with which he is associated’ means a
35   business of which the person or a member of his immediate family
36   is a director, an officer, owner, employee, a compensated agent, or
37   holder of stock.
38         (2) ‘Immediate family’ means an individual who is:
39           (a) a child residing in the person’s household;
40           (b) a spouse of the person; or
41           (c) an individual claimed by the person or the person’s
42   spouse as a dependent for income tax purposes.
43         (3) ‘Commission’ means the Public Service Commission.

     [5108]                            7
 1        (4) ‘Hearing officer’ means a person employed by the
 2   commission to serve as a presiding officer in an adjudicative
 3   proceeding before the commission.
 4        (5) ‘Public staff’ means the executive director or the
 5   executive director and employees of the Office of Public Staff.
 6        (6) ‘Public utility’ means public utility as defined in Section
 7   58-5-10, telephone utility as defined in Section 58-9-10, radio
 8   common carrier as defined in Section 58-11-10, motor vehicle
 9   carrier as defined in Section 58-23-10 and electrical utility as
10   defined in Section 58-27-10.
11        (7) ‘Review committee’ means the Public Service
12   Commission and Office of Public Staff Review Committee.
13      Section 58-3-10. A commission is hereby established to be
14   known as ‘The Public Service Commission,’ which shall be
15   composed of seven members, whose powers over all transporting
16   and transmitting corporations and public utilities and whose duties,
17   manner of election, and term of office shall be prescribed by law.
18   (A) The Public Service Commission as constituted under law in
19   effect before May 15, 2002, is reconstituted to continue in
20   existence with the appointment and qualification of the members
21   as prescribed in this article and with the changes in duties and
22   powers as prescribed in this title.
23      (B) Any case docketed for hearing before the commission prior
24   to the effective date of this act shall continue to be under the
25   jurisdiction of the commission until the case reaches final
26   disposition at a hearing, with any ruling or adjudication of the
27   commission binding. The rules of procedure and review for the
28   commission in effect on the date of filing of the pending action
29   remain in effect until the final disposition of the pending action,
30   notwithstanding other provisions of this chapter.
31
32      Section 58-3-20 58-3-15. (A) The Public Service Commission
33   shall be is composed of seven members to be elected by the
34   General Assembly in the manner prescribed by this chapter for
35   terms of four years and until their successors are elected and
36   qualify. For any election for a term beginning after June 30, 2004,
37   the members must have:
38        (1) a baccalaureate or more advanced degree from:
39           (a) a recognized institution of higher learning requiring
40   face-to-face contact between a student and an instructor prior to
41   completion of the academic program,
42           (b) an institution of higher learning that has been
43   accredited by a regional or national accrediting body, or

     [5108]                           8
 1            (c) institution of higher learning chartered before 1962,
 2   and
 3         (2) must have a background of substantial duration and an
 4   expertise in at least one of the following:
 5           (a) energy issues;
 6           (b) telecommunications issues;
 7           (c) consumer protection and advocacy issues;
 8           (d) water and wastewater issues;
 9           (e) finance, economics, and statistics;
10           (f) accounting;
11           (g) engineering; and
12           (h) law.
13      (B) Beginning in 2002, the members of the Public Service
14   Commission must be elected to staggered terms. In 2002, the
15   members representing the first, third, and fifth congressional
16   districts must be elected for two-year terms ending in 2004 and
17   until their successors are elected and qualify. In 2002, the
18   members representing the second, fourth, and sixth congressional
19   districts and the State-at-large must be elected for four-year terms
20   ending in 2006 and until their successors are elected and qualify.
21   Thereafter, members are elected to terms of four years and until
22   their successors are elected and qualify.
23      (C) The General Assembly shall must provide for the election
24   of the seven member seven-member commission and elect its
25   members thereto based upon the congressional districts established
26   by the General Assembly. The elections held in 2002 and for any
27   vacancies for a term beginning in 2002 must be based on the
28   congressional districts established pursuant to the official United
29   States Decennial Census of 1990. The elections held after 2004
30   must be based on the congressional districts established pursuant to
31   the latest official United States Decennial Census. If the number
32   of congressional districts is less than seven, additional members
33   shall must be elected at large to provide for a seven member
34   seven-member commission.
35
36     Section 58-3-24 58-3-20. After January 1, 1981, no A member
37   of the General Assembly or a member of his immediate family
38   shall must not be elected to the Public Service Commission while
39   that person the member is serving in the General Assembly; nor
40   shall that person a member of the General Assembly or a member
41   of his immediate family be elected to the Public Service
42   Commission for a period of four years after he the member either:
43     (1) ceases to be a member of the General Assembly; or

     [5108]                           9
 1      (2) fails to file for election to the General Assembly in
 2   accordance with Section 7-11-15.
 3      Section 58-3-25. (A) Unless otherwise provided by law, no
 4   person may serve as a member of the Public Service Commission
 5   if the Public Service Commission regulates any business with
 6   which that person is associated.
 7      (B) If the Public Service Commission regulates a business with
 8   which an employee of the Public Service Commission is
 9   associated, the employee annually must file a statement of
10   economic interests notwithstanding the provisions of Section
11   8-13-1110.
12      (C) No person may be an employee of the Public Service
13   Commission if the commission regulates a business with which he
14   is associated and this relationship creates a continuing or frequent
15   conflict with the performance of his official responsibilities.
16
17      Section 58-3-30. (A) The commissioners are bound by the Code
18   of Judicial Conduct, as contained in Rule 501 of the South
19   Carolina Appellate Court Rules, except as provided in Section
20   58-3-140. The State Ethics Commission is responsible for
21   enforcement and administration of those rules pursuant to Section
22   8-13-320. In addition, the commissioners must comply with the
23   requirements of the State Ethics Act in Chapter 13 of Title 8.
24      (B) Each year, the commissioners and their employees must
25   attend a workshop of at least six contact hours concerning ethics
26   and the Administrative Procedures Act. This workshop must be
27   developed with input from the Public Service Commission and
28   Office of Public Staff Review Committee.
29
30      Section 58-3-26. Whenever an election is to be held by the
31   General Assembly in joint session to elect a person to serve on the
32   Public Service Commission, a review committee, composed of ten
33   members, three of whom shall be members of the House of
34   Representatives, three of whom shall be members of the Senate,
35   two of whom shall be appointed by the President Pro Tempore of
36   the Senate from the general public at-large, and two of whom
37   appointed by the Speaker of the House of Representatives from the
38   general public at-large shall be appointed to consider the
39   qualifications of the candidates. Each body shall determine how
40   its respective legislative members shall be selected. Provided,
41   however, that in making appointments to the review committee,
42   race, gender, and other demographic factors should be considered
43   to assure nondiscrimination, inclusion, and representation to the

     [5108]                           10
 1   greatest extent possible of all segments of the population of the
 2   State. The review committee shall meet as soon after its
 3   appointment as may be practicable and shall elect one of its
 4   members as chairman, one as secretary, and such other officers as
 5   it may deem desirable. The review committee shall conduct its
 6   screening pursuant to the provisions of Section 2-19-10 et seq.
 7      The members of the general public appointed by the Speaker
 8   and the President Pro Tempore must be representative of all
 9   citizens of this State, must not be members of the General
10   Assembly, and must not be affiliated in any way with an entity
11   regulated by the commission.
12      In screening such persons for election to the Public Service
13   Commission the joint committee shall seek to establish a
14   commission which shall be broadly representative of the people of
15   the State, men and women of ability and dedication with
16   compassion and common sense. In screening persons for election
17   to the Public Service Commission, the joint committee shall
18   consider the knowledge and experience of the potential appointees
19   in such varied fields as business, government, accounting, law,
20   engineering, statistics, consumer affairs and finance. In making its
21   findings the joint committee shall seek to find the best qualified
22   people giving due consideration to their ability and integrity.
23
24     Section 58-3-30 58-3-40. The commissioners shall must take
25   the oath of office provided by the Constitution and the oaths
26   prescribed by law for State state officers. The Governor may fill
27   vacancies in the office of commissioner until the successor in such
28   office for a full term or an unexpired term, as the case may be,
29   shall have been is elected by the General Assembly.
30
31      Section 58-3-40 58-3-45. (A) The Commission commission
32   shall must elect one of their number to be chairman for a period of
33   two years. The Commission shall be furnished with an office and
34   necessary furniture and stationery and may employ a secretary or
35   clerk
36      (B) The chairman is the chief executive and administrative
37   officer of the commission.
38      (C)(1) Upon the request of any party or any commissioner, the
39   commission must employ a hearing officer who must hear and
40   determine procedural motions or petitions not determinative of the
41   merits of the proceedings and made prior to hearing; and, at the
42   hearing, shall make all rulings on motions and objections. If


     [5108]                           11
 1   qualified pursuant to item (3), a commission staff attorney may
 2   serve as hearing officer.
 3        (2) The hearing officer has full authority, subject to being
 4   overruled by the commission, to rule on questions concerning the
 5   conduct of the case and the admission of evidence but may not
 6   participate in the determination on the merits of any case.
 7        (3) The hearing officer must be an attorney qualified to
 8   practice in all courts of this State with a minimum of eight years’
 9   practice experience.
10
11     Section 58-3-50. The clerk of the commission may administer
12   oaths.
13
14      Section 58-3-60 58-3-55. The commission may employ
15   technical, administrative, or clerical staff or other aid as may be
16   necessary for its respective departments to carry out the provisions
17   of Chapters 1 to 17, 21, 23, and 33 of this title and may fix the
18   compensation for employment. The Commission may also employ
19   and utilize administrative law judges or hearing officers to preside
20   over rate hearings and other contested matters. The administrative
21   law judge or hearing officer has full authority, subject to being
22   overruled by the Commission, to rule on questions concerning the
23   conduct of the case and the admission of evidence but may not
24   participate in the determination on the merits of any case. The
25   compensation, costs, and expenses incurred incident to utilization
26   of an administrative law judge or hearing officer must be fixed or
27   approved by the Commission and must be included as expenses of
28   the Commission under Section 58-3-100.
29      (A) The commission is authorized and empowered to employ a
30   chief clerk and deputy clerk; a commission attorney and assistant
31   commission attorneys; a hearing officer; hearing reporters;
32   transportation inspectors; pipeline safety inspectors; railway safety
33   inspectors; and such other professional, administrative, technical,
34   and clerical personnel as the commission determines to be
35   necessary in the proper discharge of the commission’s duty and
36   responsibility as provided by law. The chairman must organize
37   and direct the work of the commission staff. The salaries and
38   compensation of all personnel must be fixed in the manner
39   provided by law for fixing and regulating salaries and
40   compensation by other state agencies.
41      (B) Subject to Section 58-3-580, the commission must be
42   staffed and equipped to perform the functions set forth in this title
43   except for those responsibilities and functions reserved to the

     [5108]                           12
 1   Office of Public Staff. The expenses must be paid from the
 2   assessments collected pursuant to Section 58-3-70. The chairman,
 3   within allowed budgetary limits and as allowed by law, must
 4   authorize and approve travel, subsistence, and related expenses of
 5   personnel, incurred while traveling on official business.
 6     (C) The commissioners have no authority to supervise the
 7   Office of Public Staff.
 8     (D) The commission has no authority to inspect, audit, or
 9   examine public utilities. The inspection, auditing, and examination
10   of public utilities is the sole responsibility of the Office of Public
11   Staff.
12
13      Section 58-3-70 58-3-60. The chairman and members of the
14   Commission commission shall must receive annual salaries
15   payable in the same manner as the salaries of other state officers
16   are paid. Each commissioner must devote full time to his duties as
17   a commissioner, and must not engage in any other employment,
18   business, profession, or vocation during the normal business hours
19   of the Public Service Commission.
20
21      Section 58-3-80. The commissioners and their secretary shall be
22   transported free of charge, when in the performance of the duties
23   of their office concerning railroads, over all railroads and railroad
24   trains in this State and they may take with them experts or other
25   agents whose services they may deem to be temporarily of
26   importance and such agents shall in like manner be transported
27   free of charge.
28
29      Section 58-3-90 58-3-65. The Commission commission shall
30   must meet at least once each month, and the chairman shall must
31   call a meeting at any other time upon the written request of any
32   two members of the Commission commission. A majority of the
33   commissioners shall constitute constitutes a quorum for the
34   transaction of all business pertaining to their office.
35
36      Section 58-3-95 58-3-67. Whenever a corporation or person
37   furnishing heat, water, sewerage collection, sewerage disposal, or
38   street railway service, or whenever a telephone utility with fewer
39   than ten thousand customers as of the date of filing, files a
40   schedule setting forth proposed changes with the Commission
41   commission pursuant to the procedures prescribed in this title, a
42   panel of three members of the Commission shall commission must
43   hear and rule on the proposed changes. The chairman of the

     [5108]                            13
 1   Commission shall commission must appoint the members of the
 2   panel.
 3      Section 58-3-100 58-3-70. The expenses of the Transportation
 4   Department of the Public Service Commission, with the exception
 5   of the expenses incurred in its railway jurisdiction, must be borne
 6   by the revenues from license fees derived pursuant to Sections
 7   58-23-530 through 58-23-630, and assessments to the carriers of
 8   household goods and hazardous waste for disposal carriers. The
 9   expenses of the railway section of the Public Service Commission
10   must be borne by the railroad companies subject to the Public
11   Service Commission’s jurisdiction according to their gross income
12   from operations in this State.
13      Except as specifically provided above, in Sections 58-5-940 and
14   58-27-50, all All other expenses of the Public Service Commission
15   must be borne by the public utilities as defined in Section 58-5-10,
16   telephone utilities as defined in Section 58-9-10, and electric
17   utilities as defined in Section 58-27-10, household goods carriers,
18   hazardous waste for disposal carriers, and railway companies
19   subject to under the commission’s Public Service Commission’s
20   jurisdiction. On or before the first day of July in each year, the
21   Department of Revenue shall must assess each public utility
22   company, railway company, household goods carrier, and
23   hazardous waste for disposal carrier its proportion of the expenses
24   in proportion to its gross income from operation in this State in the
25   year ending on the thirtieth day of June preceding that on which
26   the assessment is made which is due and payable on or before July
27   fifteenth. The assessments must be charged against the companies
28   by the Department of Revenue and collected by the Department of
29   Revenue in the manner provided by law for the collection of taxes
30   from the companies including the enforcement and collection
31   provisions of Article 1, Chapter 54 of Title 12 and paid, less the
32   Department of Revenue actual incremental increase in the cost of
33   administration into the state treasury as other taxes collected by the
34   Department of Revenue for the State.
35      The Public Service Commission shall certify to the South
36   Carolina Department of Revenue annually on or before May first
37   the amounts to be assessed.
38      The commission shall operate as an other-funded agency.
39
40     Section 58-3-110 58-3-75. The appropriation for the Public
41   Service Commission’s office shall must be advanced by the State
42   until it shall have has been collected from the corporations liable


     [5108]                            14
 1   therefor and, when collected, shall must be placed in the State
 2   Treasury state treasury.
 3
 4      Section 58-3-120. The Attorney General shall:
 5      (1) represent and appear for the people of the State and the
 6   Commission in all actions and proceedings involving any question
 7   of general and public interest within the jurisdiction of the
 8   Commission and, if directed to do so by the Commission,
 9   intervene, if possible, in any action or proceeding in which any
10   such question is involved;
11      (2) Commence, prosecute and expedite the final determination
12   of all actions and proceedings directed or authorized by the
13   Commission;
14      (3) Advise the Commission and each commissioner, when so
15   requested, in regard to all matters connected with powers and
16   duties of the Commission and the members thereof; and
17      (4) Generally perform all duties and service as attorney to the
18   Commission which the Commission may require of him.
19      Section 58-3-130 58-3-80. Every State state department, board,
20   and commission, and every officer or agent of the State shall must
21   furnish to the Commission commission and Office of Public Staff,
22   upon demand, for its inspection and for its confidential use any
23   record filed with it or him or any information in their possession
24   concerning the property values, operation, income, or other matter
25   of any person doing business as a public utility in this State, as
26   defined in Section 58-5-10, an electric utility or a motor vehicle
27   carrier.
28
29      Section 58-3-140 58-3-85. (A) The Public Service Commission
30   is vested with power and jurisdiction to supervise and regulate the
31   rates and service of every public utility in this State and to fix just
32   and reasonable standards, classifications, regulations, practices,
33   and measurements of service to be furnished, imposed, or
34   observed, and followed by every public utility in this State.
35      (B) The Commission commission shall must develop and
36   publish a policy manual, which shall must set forth guidelines for
37   the administration of the Commission commission. All procedures
38   shall must incorporate state requirements and good management
39   practices to ensure the efficient and economical utilization of
40   resources.
41      (C) The Commission commission shall must facilitate access to
42   its general rate request orders in contested matters involving over
43   one hundred thousand dollars by publishing an order guide which

     [5108]                            15
 1   indexes and cross-references such orders issued after the effective
 2   date of this act by subject matter and case name. The order guide
 3   must be made available for public inspection.
 4      (D) The Commission commission is authorized to and shall
 5   must promulgate regulations to require the direct testimony of
 6   witnesses appearing on behalf of utilities, and of witnesses
 7   appearing on behalf of persons having formal intervenor status, to
 8   be reduced to writing and prefiled with the Commission
 9   commission in advance of any hearing.
10      (E) Nothing in this section may be interpreted to repeal or
11   modify specific exclusions from Public Service Commission
12   jurisdiction found in Title 58 or any other titles.
13
14     Section 58-3-142 58-3-90. No member of the General Assembly
15   or any member of a member’s law-firm law firm shall appear
16   before the Public Service Commission in any rate fixing
17   proceeding representing any party in such the proceeding for any
18   purposes including political purposes, and it shall be is the duty of
19   the presiding commissioner or hearing officer to enforce the
20   provisions of this section. Provided, however However, this
21   section shall does not apply to any member of the General
22   Assembly appearing as a witness on either side of any hearing.
23
24     Section 58-3-145. The Public Service Commission shall notify
25   the Chief Justice of the South Carolina Supreme Court of all
26   pending contested rate matters where the amount in controversy in
27   such rate matters is in excess of one million dollars annually. The
28   Chief Justice, when so notified or when otherwise requested to do
29   so by the Chairman of the Commission, shall appoint a circuit
30   judge to preside over the hearings in such cases. Such judge shall
31   have full authority to rule on questions concerning the conduct of
32   the case and the admission of evidence but shall not participate in
33   the determination on the merits of any such case.
34     During the conduct of such hearings, the judge shall have the
35   same authority to control the proceedings and the conduct of
36   participants therein as he would have in proceedings being heard in
37   the circuit courts of the State.
38
39     Section 58-3-150 58-3-93. The Commission commission may
40   investigate all existing or proposed interstate rates, fares, tolls,
41   charges, and classifications and all rules and practices in relation
42   thereto, for or in relation to the transportation of persons or
43   property, when any act in relation thereto shall take takes place

     [5108]                           16
 1   within this State. When the same are, in the opinion of the
 2   Commission commission, excessive or discriminatory or in
 3   violation of the act of Congress entitled ‘An Act to Regulate
 4   Commerce,’ approved February 4, 1887, and the acts amendatory
 5   thereof and supplemental thereto, or of any other act of Congress,
 6   or in conflict with the rulings, orders or regulations of the
 7   Interstate Commerce Commission, the Public Service Commission
 8   may apply by petition or otherwise to the Interstate Commerce
 9   Commission or to any court of competent jurisdiction for relief.
10
11      Section 58-3-160. The Commission may appear and participate
12   in railroad abandonment, railroad extension or any other
13   proceedings before the Interstate Commerce Commission,
14   whenever, in the judgment of the Commission, such proceedings
15   affect the welfare of the State and its people.
16
17      Section 58-3-170 58-3-95. In case of failure on their part to
18   agree, the Commission commission shall must supervise and fix all
19   agreements, contracts, rates, or the divisions thereof and rules and
20   regulations between or among common carriers and telephone and
21   telegraph companies, of whatever kind, placed under the control or
22   supervision of the Commission commission.
23      Except insofar as rates, transactions affecting rates, or
24   transactions affecting service areas are concerned, the provisions
25   of this section do not apply to transactions between a telephone
26   cooperative association and its subsidiary corporation or
27   cooperative association.
28
29     Section 58-3-180 58-3-100. The Commission commission shall
30   make such rules and must promulgate regulations as may be
31   necessary to carry into effect effectuate the provisions of Section
32   58-3-170 58-3-95.
33
34      Section 58-3-190 58-3-105. All persons or corporations that are
35   included within the definition of a ‘public utility,’ as defined in
36   Section 58-5-10 as well as every a motor vehicle carrier Except for
37   municipally-owned and operated utilities, all public utilities doing
38   business in this State, except such as are those municipally owned
39   and operated, shall must promptly, when required by the Public
40   Service Commission, furnish to the Commission a full and detailed
41   written report and written information concerning its their business
42   affairs or any matter pertaining thereto, as shall be is specified in
43   such the requirement, and shall must with like promptness also

     [5108]                           17
 1   promptly answer fully all questions and interrogatories which may
 2   be propounded by the Commission commission. Any written
 3   report or written information furnished under this section to the
 4   commission must be furnished in the same manner and form and at
 5   the same time to the Office of Public Staff.
 6
 7      Section 58-3-200 58-3-110. If, in the judgment of the
 8   Commission commission, the information or reports referred to in
 9   Section 58-3-190 58-3-105 are not furnished within a reasonable
10   time or the questions or interrogatories referred to in said section
11   are not answered fully within a reasonable time or, if so furnished
12   and answered, are not satisfactory to the Commission commission,
13   the commission shall must give by written notice to such the
14   person or corporation the particulars in which such information,
15   reports, or answers to such the questions or interrogations are not
16   satisfactory, and such the person or corporation shall have has a
17   reasonable time in which to comply with the requirements of such
18   the notice in the particulars therein mentioned in the notice.
19
20      Section 58-3-210 58-3-115. If it is desired for any reason to
21   verify or recheck the information furnished under Sections
22   58-3-190 or 58-3-200 Section 58-3-105 or 58-3-110, the
23   Commission commission, in person or by its agents, shall may
24   request the Office of Public Staff to make such an examination of
25   the books, papers, accounts, and records of and such the inspection
26   of the properties of the persons referred to in Section 58-3-190
27   58-3-105 as shall be necessary to procure the information required.
28   To that end the The Commission commission may require the
29   production of the desired writings and records and the attendance
30   and testimony under oath of the officers, accountants, or other
31   agents of the parties having knowledge thereof at such place as the
32   Commission commission may designate and the expense of
33   making such the necessary examination or inspection for the
34   procuring of such the information shall must be paid by the party
35   so examined or inspected, to be collected by the Attorney General
36   on behalf of the Commission by suit or action, if necessary, except,
37   that if such the examination and inspection and the reports thereof
38   disclose that a full and accurate response had previously been
39   made pursuant to the requirements of the Commission in regard
40   thereto, the expense of making such the examination and
41   inspection shall must be paid out of the funds of the Commission
42   commission.
43

     [5108]                           18
 1     Section 58-3-220 58-3-120. All penalties and forfeitures
 2   collected from railroad, express, telegraph, and telephone
 3   companies for failure to comply with orders of the Commission
 4   commission shall must be paid over one half one-half into the State
 5   Treasury state treasury and the other half into the county treasury
 6   of the county in which the suit is brought imposing the penalty or
 7   forfeiture so collected, such the revenues accruing from such
 8   collections to be used for general State state and county purposes.
 9
10      Section 58-3-225 58-3-125. (A) Hearings conducted before
11   the Public Service Commission shall must be conducted under
12   dignified and orderly procedures designed to protect the rights of
13   all parties.
14      (B) All persons appearing in a representative capacity before
15   the Commission commission in its proceedings should conform to
16   the standards of ethical conduct required of attorneys practicing
17   before the courts of this State.
18      (C) Any person, firm, or corporation who disregards
19   Commission commission orders after due notice or who engages in
20   conduct calculated to bring the due and orderly course of
21   Commission commission proceedings into disrespect or disregard,
22   or to interfere with or prejudice parties litigant or their witnesses
23   during the proceedings may, by order of the Commission
24   commission or its presiding officer be ejected for the remainder of
25   that day from such the proceedings. If that person, firm, or
26   corporation engages in further conduct resulting in ejection for a
27   second day or portion thereof in the same proceeding he shall must
28   also be declared in contempt and cited for such to any circuit
29   judge, who may punish by a fine not to exceed five hundred dollars
30   or imprisonment not to exceed thirty days, or both. Such The
31   proscribed conduct shall include includes, but is not be limited to,
32   any person, firm, or corporation intentionally delaying the
33   proceedings by the injection of matters determined not to be
34   relevant after a proper warning that such the matters shall not be
35   pursued.
36      (D) The above provision shall provisions of this section must
37   not be construed as limiting any powers of the Commission
38   commission under existing law.
39      (E) A party may strike its petition, application, complaint,
40   counterclaim, cross-claim, or third party claim from any
41   commission docket one time as a matter of right, if all parties
42   adverse to that petition, application, complaint, counterclaim,


     [5108]                           19
 1   cross-claim, or third party claim agree in writing that it may be
 2   stricken.
 3
 4      Section 58-3-240 58-3-130. (A) As used in this section:
 5        (1) ‘privately owned privately-owned industrial park’ means
 6   a privately owned tract of real property which is used solely for
 7   industrial uses, in which the provider of utility services owns or
 8   operates an industrial premises and owns or operates facilities for
 9   the provision of utility services and on which there is located one
10   or more industrial users. The term ‘privately owned
11   privately-owned industrial park’ also means those additional tracts
12   as may be subsequently incorporated into the industrial park;
13        (2) ‘industrial premises’ means a building, structure, plant,
14   or facility which is located in a privately owned privately-owned
15   industrial park and is owned or leased by an industrial user;
16        (3) ‘industrial user’ means any person, corporation, or
17   association which is engaged in the business of manufacturing,
18   processing, assembling, fabricating, or related work;
19        (4) ‘provider of utility services’ means a person, corporation,
20   or association, other than a regulated public utility or its affiliates
21   that offer or provide, or both, utility services to the public or any
22   portion of it outside a privately owned privately-owned industrial
23   park, which provides any or all of those services which are defined
24   in Chapters 5 and 7 of this title, excluding gas, and subject to
25   regulation by the commission and where the services are provided
26   to an industrial user in a privately owned privately-owned
27   industrial park; and
28        (5) ‘jurisdictional     utilities’   means     those    persons,
29   corporations, associations, or political subdivisions which provide
30   services subject to the jurisdiction of the commission under
31   Chapters 5 and 7 of this title, excluding gas.
32      (B) The provisions of Chapters 5 and 7 of this title, excluding
33   gas, are not applicable to the provision of utility services to
34   industrial users of these services where the industrial users are
35   located in a privately owned privately-owned industrial park where
36   the provider of utility services and the industrial user have agreed
37   in writing to the terms and conditions for the provision of utility
38   services and where all jurisdictional utilities which would have a
39   right to provide any or all of the utility services have agreed in
40   writing to waive their right to further notice and opportunity for
41   hearing with respect to the written agreement and the provision of
42   the services under the terms of the agreement.


     [5108]                            20
 1      (C) Within twenty days after the execution of a written
 2   agreement between a provider of utility services and an industrial
 3   user pursuant to subsection (B) of this section, the provider of
 4   utility services shall must file with the commission, for
 5   information only, the written agreement and all waivers executed
 6   by jurisdictional utilities pursuant to subsection (B).
 7
 8      Section 58-3-135. (A) All final orders and decisions of the
 9   commission must be sufficient in detail to enable the court on
10   appeal to determine the controverted questions presented in the
11   proceedings, and must include:
12        (1) findings and conclusions and the reasons or bases
13   therefor upon all the material issues of fact, law, or discretion
14   presented in the record; and
15        (2) the appropriate rule, order, sanction, relief, or statement
16   of denial thereof.
17      (B) A copy of every final order or decision under the seal of the
18   commission must be served by registered or certified mail upon the
19   person against whom it runs or his attorney, and notice thereof
20   must be given to the other parties to the proceeding or their
21   attorneys. The order takes effect and becomes operative when
22   issued unless otherwise designated, and continues in force either
23   for a period which may be designated or until changed or revoked
24   by the commission. If an order cannot, in the judgment of the
25   commission, be complied with within the time designated, the
26   commission may grant and prescribe additional time as is
27   reasonably necessary to comply with the order and, on application
28   and for good cause shown, may extend the time for compliance
29   fixed in its order.
30
31      Section 58-3-140. (A) Except as provided in subsection (B) or
32   unless required for the disposition of ex parte communication
33   matters specifically authorized by law, a commissioner, hearing
34   officer, or commission employee may not communicate, directly
35   or indirectly, regarding any issue in any proceeding with any party
36   or with any person without notice and opportunity for all parties to
37   participate in the communication. For purposes of this section, a
38   ‘proceeding’ means a contested case or any other matter to be
39   adjudicated, promulgated, or arbitrated by the commission.
40      (B) A commissioner may communicate with other
41   commissioners regarding matters pending before the commission,
42   and any commissioner, hearing officer, or commission employee


     [5108]                           21
 1   may receive aid from commission employees if the commission
 2   employees providing aid do not:
 3         (1) receive ex parte communications of a type that the
 4   commissioner, hearing officer, or commission employee would be
 5   prohibited from receiving; or
 6         (2) furnish, augment, diminish, or modify the evidence in the
 7   record.
 8      (C) Unless required for the disposition of ex parte matters
 9   specifically authorized by law, no party to a proceeding and no
10   person may communicate, directly or indirectly, in connection with
11   any issue in a proceeding with any commissioner, hearing officer,
12   or commission employee without notice and opportunity for all
13   parties to participate in the communication.
14      (D) Except as provided in item (1), prior to the filing with the
15   commission of any pleadings, applications, or other documents
16   that could initiate a proceeding, a commissioner, hearing officer, or
17   commission employee may not communicate, directly or
18   indirectly, with any party or person regarding any fact, law, or
19   other matter that may become an issue in a proceeding. If before
20   serving in a proceeding, a commissioner, hearing officer, or
21   commission employee receives an ex parte communication of a
22   type that may not properly be received while serving, the
23   commissioner, hearing officer, or commission employee, promptly
24   after starting to serve, must disclose the communication in the
25   manner prescribed in subsection (E) if the executive director of the
26   Office of Public Staff or his designee was not present at the time
27   the ex parte communication was received.
28         (1) A commissioner or commission employee may
29   communicate, directly or indirectly, with any party or person
30   regarding any fact, law, or other matter that may become an issue
31   in a proceeding for the purposes of an educational briefing if:
32           (a) all members of the commission are invited to attend
33   the briefing;
34           (b) the executive director of the Office of Public Staff or
35   his designee attends the briefing; the executive director files a
36   written statement describing the subject matter discussed and the
37   parties, persons, commissioner, commission employees, and Office
38   of Public Staff employees in attendance; and the executive director
39   certifies that the briefing was not of a subject matter so similar to
40   nor so close in proximity in time to a contemplated proceeding so
41   as be an attempt to evade or circumvent the limitations of this
42   section on ex parte communication during a proceeding.


     [5108]                           22
 1      (E) If a commissioner, hearing officer, or a commission
 2   employee receives an ex parte communication in violation of this
 3   section, he must place on the record of the matter all written
 4   communications received, all written responses to the
 5   communications, and a memorandum stating the substance of all
 6   oral communications received, all responses made, and the identity
 7   of each person from whom the commissioner, hearing officer, or
 8   commission employee received an ex parte communication, and
 9   must advise all parties that these matters have been placed on the
10   record. Within ten days after receipt of notice of the ex parte
11   communication, any party who desires to rebut the contents of the
12   communication must request and shall be granted the opportunity
13   to rebut the contents.
14      (F) If necessary to eliminate the effect of an ex parte
15   communication received in violation of this section, a
16   commissioner, hearing officer, or commission employee who
17   receives the communication may be disqualified by the
18   commission, and the portions of the record pertaining to the
19   communication may be sealed by protective order.
20      (G) Any commissioner, hearing officer, commission employee,
21   party, or any other person must report any wilful violation of this
22   section on the part of a commissioner, hearing officer, or
23   commission employee to the State Ethics Commission for any
24   disciplinary proceedings or action provided by law. In addition, a
25   copy of the report must be filed with the Public Service
26   Commission and Office of Public Staff Review Committee as a
27   matter of information to become part of the review committee’s
28   annual review of the commission and its members.
29      (H) Any person who violates the provisions of this section is
30   guilty of a misdemeanor and, upon conviction, must be fined not
31   more than two hundred fifty dollars or imprisoned for not more
32   than six months.
33
34      Section 58-3-145. (A) Any party seeking remedial relief from
35   alleged violations of Section 58-3-140 may file a complaint with
36   the Administrative Law Judge Division.
37      (B) A complaint seeking sanctions must include the following
38   information:
39        (1) the name and address of the complainant;
40        (2) the name and address of complainant’s counsel, if any;
41        (3) the name and address of each person alleged to have
42   violated the ex parte prohibition (hereinafter referred to as
43   respondent);

     [5108]                          23
 1         (4) the name and address of each respondent’s counsel, if
 2   known;
 3         (5) the facts constituting the alleged violation; and
 4         (6) the sanctions sought by the complainant.
 5      (C) A complaint filed under this section must be served on the
 6   commission, each respondent, and all persons on the commission’s
 7   service list for the proceeding that is the subject of the ex parte
 8   complaint.
 9      (D) Within seven days of service of the complaint, a respondent
10   must file an answer with the Administrative Law Judge Division
11   and serve it on the complainant and all persons on the
12   commission’s service list for the proceeding that is the subject of
13   the ex parte complaint.
14      (E) The administrative law judge assigned to the ex parte
15   communication complaint proceeding by the Administrative Law
16   Judge Division may issue an order tolling any statutory deadlines
17   for a decision by the commission on the proceeding that is subject
18   of the ex parte communication complaint. The administrative law
19   judge assigned to the ex parte communication complaint
20   proceeding by the Administrative Law Judge Division must
21   conduct a hearing and must issue a decision within sixty days after
22   the complaint is filed.
23      (F) The decision of the administrative law judge must describe
24   the relevant facts of the case and must set forth the judge’s
25   findings as to whether the ex parte communication was in violation
26   of Section 58-3-170. The judge must also impose sanctions in
27   accordance with subsection (G). In imposing these sanctions, the
28   judge must, as a matter of equity, protect the rights and interests of
29   parties who are not alleged to have violated Section 58-3-170 and
30   the public interest in general.
31      (G) In the decision required by subsection (F), the
32   administrative law judge may impose the following sanctions:
33         (1) dismiss the proceeding if the prohibited ex parte
34   communication has so prejudiced the proceeding that the
35   commission cannot consider it impartially;
36         (2) issue an adverse ruling on a pending issue that is the
37   subject of the prohibited ex parte communication if other parties
38   are prejudiced by the prohibited ex parte communication;
39         (3) strike evidence or pleadings if the evidence or pleadings
40   are tainted by the prohibited ex parte communication;
41         (4) issue a public statement of censure, if it is determined
42   that the prohibited ex parte communication occurred but mitigating
43   circumstances exist that:

     [5108]                            24
 1           (a) negate the need for a more severe sanction;
 2           (b) do not prejudice the proceeding to the extent that the
 3   commission is unable to consider the matter in the proceeding
 4   impartially;
 5           (c) do not prejudice other parties; or
 6           (d) do not taint the evidence or pleadings.
 7      (H) If the administrative law judge finds the complainant’s
 8   allegation of an ex parte violation was interposed for any improper
 9   purpose, such as to harass or cause unnecessary delay or needless
10   increase in the cost of the proceeding, the administrative law judge
11   may issue an appropriate sanction against the complainant.”
12
13     Section 58-3-150. A former commissioner must not be
14   employed by a public utility for a period of one year following his
15   service as a commissioner. A person who violates this provision is
16   guilty of a misdemeanor and, upon conviction, must be fined not
17   more than five thousand dollars or be imprisoned for not more than
18   one year, or both.”
19
20   SECTION 5. Chapter 3 of Title 58 of the 1976 Code is amended
21   by adding:
22
23                                “Article 5.
24
25     Public Service Commission and Office of Public Staff Review
26
27                             Committee
28      Section 58-3-510. There is hereby established a committee to
29   be known as the Public Service Commission and Office of Public
30   Staff Review Committee, hereinafter called the review committee,
31   which must exercise the powers and fulfill the duties described in
32   this article.
33
34      Section 58-3-520. (A) The review committee shall consist of
35   nineteen members, five of whom must be appointed by the
36   President Pro Tempore of the Senate from the membership of the
37   Senate, two of whom must be appointed by the President Pro
38   Tempore of the Senate from the general public at-large, five of
39   whom must be appointed by the Speaker of the House of
40   Representatives from the membership of the House, two of whom
41   must be appointed by the Speaker of the House of Representatives
42   from the general public at-large, and five of whom must be
43   appointed by the Governor. The Governor must not appoint a

     [5108]                           25
 1   member of the General Assembly or a member’s immediate family
 2   member.
 3      (B) The terms of the members appointed by the President Pro
 4   Tempore shall be coterminous with the President Pro Tempore’s
 5   term of office, and the members appointed by the Speaker shall be
 6   coterminous with the Speaker’s term of office. The terms of those
 7   members appointed by the Governor expire with the term of the
 8   appointing Governor. Members serve at the pleasure of their
 9   appointing officer and any vacancies occurring on the review
10   committee must be filled by the appropriate appointing officer of
11   the General Assembly or by the Governor.
12      (C) The review committee must meet as soon as practicable
13   after appointment and organize itself by electing one of its
14   members as chairman and such other officers as the review
15   committee may consider necessary. Thereafter, the review
16   committee must meet at least annually and on the call of the
17   chairman or a majority of the members. A quorum consists of ten
18   members.
19      (D) Unless the review committee finds a candidate qualified
20   and nominates the candidate for a seat on the Public Service
21   Commission or for the executive director of the Office of Public
22   Staff, the candidate must not be elected to the Public Service
23   Commission or appointed to serve as executive director of the
24   Office of Public Staff.
25
26     Section 58-3-530. The review committee has the following
27   powers and duties:
28     (1) to nominate:
29        (a) no more than three candidates for each seat on the Public
30   Service Commission to be elected by the General Assembly. In
31   order to be nominated, a candidate must be found qualified by
32   meeting the minimum requirements as provided in Sections
33   58-3-15 and 58-3-560;
34        (b) no more than one qualified candidate for the Governor to
35   consider in appointing the executive director of the Office of
36   Public Staff. In order to be nominated, a candidate must be found
37   qualified by meeting the minimum requirements as provided in
38   Section 58-4-30. A person must not be appointed to serve as
39   executive director of the Office of Public Staff unless nominated
40   by the review committee. If the Governor rejects a person
41   nominated by the review committee for executive director, the
42   review committee must nominate another single candidate for the
43   Governor to consider, until the Governor makes an appointment;

     [5108]                          26
 1      (2) to set the salary of the executive director of the Office of
 2   Public Staff;
 3      (3) to conduct an annual performance review of each member
 4   of the Public Service Commission. A draft of the member’s
 5   performance review must be submitted to the member and the
 6   member must be allowed an opportunity to be heard before the
 7   review committee before a final draft of the performance review is
 8   submitted to the General Assembly. The final performance
 9   reviews must be made a part of the member’s record for
10   consideration if the member seeks reelection to the Public Service
11   Commission;
12      (4) to evaluate the actions of the South Carolina Public Service
13   Commission, including the review of its interim and final orders,
14   to the end that the members of the General Assembly may better
15   judge whether these actions serve the best interests of the citizens
16   of South Carolina, individual and corporate;
17      (5) to develop and distribute to each party and its
18   representatives appearing before the South Carolina Public Service
19   Commission a survey evaluating the commissioners. At a
20   minimum, the survey must include the following factors:
21         (a) knowledge and application of substantive utility issues,
22   ability to perceive relevant issues,
23         (b) absence of influence by political considerations,
24         (c) absence of influence by identities of lawyers,
25         (d) absence of influence by identities of litigants,
26         (e) courtesy to all persons appearing before the South
27   Carolina Public Service Commission, and
28         (f) temperament and demeanor in general, preparation for
29   hearings, and attentiveness to hearings;
30      (6) to develop and distribute to each employee of the Public
31   Service Commission an anonymous and confidential survey
32   evaluating the commissioners. At a minimum, the survey must
33   include the following factors:
34         (a) knowledge and application of substantive utility issues,
35   ability to perceive relevant issues,
36         (b) absence of influence by political considerations,
37         (c) absence of influence by identities of lawyers,
38         (d) absence of influence by identities of litigants,
39         (e) courtesy to all persons appearing before the South
40   Carolina Public Service Commission,
41         (f) temperament and demeanor in general, preparation for
42   hearings, and attentiveness to hearings, and


     [5108]                           27
 1        (g) demonstrated ability for leadership and management by
 2   the commissioner;
 3      (7) to submit evaluations to the General Assembly, on an
 4   annual basis, of the performance of the South Carolina Public
 5   Service Commission. A proposed draft of such evaluations must
 6   be submitted to the South Carolina Public Service Commission
 7   prior to submission to the General Assembly, and the South
 8   Carolina Public Service Commission must be given an opportunity
 9   to be heard before the review committee prior to the completion of
10   the evaluation and its submission to the General Assembly;
11      (8) to assist in developing an annual workshop of at least six
12   contact hours concerning ethics and the Administrative Procedures
13   Act for the commissioners and employees of the Public Service
14   Commission and the executive director and employees of the
15   Office of Public Staff;
16      (9) to make reports and recommendations to the General
17   Assembly, from time to time, on matters relating to the powers and
18   duties set out in this section; and
19      (10) to undertake such additional studies or evaluations as may,
20   from time to time, be referred by the President Pro Tempore of the
21   Senate, the Speaker of the House of Representatives, or either
22   body of the General Assembly.
23
24      Section 58-3-540. The review committee members are entitled
25   to such mileage, subsistence, and per diem as authorized by law for
26   members of boards, committees, and commissions while in the
27   performance of the duties for which appointed. These expenses
28   shall be paid from the general fund of the State on warrants duly
29   signed by the chairman of the review committee.
30      Section 58-3-550. (A) The review committee must use clerical
31   and professional employees of the General Assembly for its staff,
32   who must be made available to the review committee.
33      (B) The review committee has the power to employ other
34   professional staff, upon the determination of the necessity
35   therefore by the review committee, if sufficient funds for such
36   outside staff are available with the review committee’s budget.
37      (C) The review committee is authorized to employ consultants
38   to assist in identifying candidates for the executive director of the
39   Office of Public Staff.
40      (D) The costs and expenses of the committee must be funded in
41   the annual state appropriation act.
42


     [5108]                           28
 1      Section 58-3-560. (A) Whenever an election is to be held by
 2   the General Assembly in joint session to elect a person to serve on
 3   the Public Service Commission, the review committee must
 4   conduct its screening pursuant to the provisions of Section
 5   2-20-10, et seq.; however, Section 2-20-40 is not applicable to a
 6   screening by the review committee.
 7      (B) In order to be nominated for a seat on the South Carolina
 8   Public Service Commission, candidates must meet the minimum
 9   qualifications provided in Section 58-3-15 and this section. In
10   screening candidates for the commission and making its findings,
11   the review committee must seek to find the best qualified people
12   by giving due consideration to:
13        (1) ability, dedication, compassion, common sense, and
14   integrity of the candidates;
15        (2) the level of expertise and experience of the candidates in
16   such varied fields as energy, telecommunications, consumer
17   protection and advocacy, water and wastewater, finance,
18   economics, and statistics, accounting, engineering, or law; and
19        (3) the race and gender of the candidates and other
20   demographic factors to assure nondiscrimination, inclusion, and
21   representation to the greatest extent possible of all segments of the
22   population of the State.
23
24      Section 58-3-570. (A) The review committee must recommend
25   a method by which tariffs may be filed with the Office of Public
26   Staff and, if not contested, become effective upon publication.
27   This proposal must include authority for the executive director of
28   the Office of Public Staff to oppose proposed tariffs before the
29   Public Service Commission. The review committee must prepare
30   and deliver a report along with its recommendations concerning
31   filing of tariffs to the General Assembly by no later than January
32   15, 2003.
33      (B) The review committee must conduct a comprehensive study
34   of other states’ commissions’ structures, responsibilities,
35   qualifications, and compensation. The review committee must
36   prepare and deliver this report along with its recommendations to
37   the General Assembly by no later than January 15, 2004.
38
39     Section 58-3-580. No later than June 30, 2003, the Public
40   Service Commission and Office of Public Staff Review Committee
41   must allocate personal service positions within the Public Service
42   Commission to either the Public Service Commission or the Office
43   of Public Staff. The review committee must organize appropriate

     [5108]                           29
 1   divisions within the commission and within the Office of Public
 2   Staff. The review committee’s authority to reorganize the agencies
 3   and assign personal service positions supersedes any provision of
 4   law to the contrary. In effectuating the review committee’s
 5   assignment of positions between agencies, the Budget and Control
 6   Board is directed to assign through transfer both the position and
 7   the appropriation for the position. Notwithstanding this section or
 8   any other provision of law, the executive director of the Office of
 9   Public Staff has sole authority to select and employ personnel of
10   the Office of Public Staff. On and after June 30, 2003, a Public
11   Service Commission employee whose position is transferred to the
12   Office of Public Staff is, upon application to the executive director,
13   entitled only to due consideration for the position.”
14
15   SECTION 6. Title 58 of the 1976 Code is amended by adding:
16
17                              “CHAPTER 4
18
19                          Office of Public Staff
20
21      Section 58-4-10. (A) There is hereby created the Office of
22   Public Staff as a separate agency of the State with the duties and
23   organizations as hereinafter provided.
24      (B) The Office of Public Staff must be considered a party of
25   record in all filings, applications, or proceedings before the
26   commission. The public staff must represent the public interest of
27   South Carolina before the commission. For purposes of this
28   chapter, ‘public interest’ means:
29        (1) concerns of the using and consuming public with respect
30   to public utility services, regardless of the class of customer;
31        (2) economic development and job attraction and retention
32   in South Carolina; and
33        (3) continued investment in and maintenance of utility plants
34   so as to provide reliable and high quality utility services.
35      (C) The Office of Public Staff is subject to the provision of
36   Section 58-3-140 prohibiting ex parte communications with the
37   Public Service Commission, and any advice given to the
38   commission by the public staff must be given in a form, forum,
39   and manner as may be given by any other party or person.
40
41      Section 58-4-20. (A) The Office of Public Staff shall consist of
42   the executive director and other professional, administrative,
43   technical, and clerical personnel as may be necessary in order for

     [5108]                            30
 1   the public staff to represent the public interest, as hereinafter
 2   provided. All such personnel must be appointed, supervised, and
 3   directed by the executive director.
 4      (B) The public staff is not subject to the supervision, direction,
 5   or control of the commission, the chairman, or members of the
 6   commission.
 7      (C) Except for the executive director, the salaries and
 8   compensation of all personnel must be fixed in the manner
 9   provided by law for fixing and regulating salaries and
10   compensation by other state agencies.
11      (D) The Office of Public Staff must not be physically housed in
12   the same location as the Public Service Commission.
13      Section 58-4-30. (A) The Executive Director of the Public Staff
14   must be an attorney qualified to practice in all courts of this State
15   with a minimum of eight years’ practice experience.
16      (B) The Public Service Commission and Office of Public Staff
17   Review Committee must nominate one candidate as qualified to
18   serve as executive director for the Governor’s consideration.
19        (1) A person must not be appointed to serve as executive
20   director of the Office of Public Staff unless the review committee
21   nominates the person.
22        (2) If the Governor rejects a person nominated by the review
23   committee for executive director, the review committee must
24   nominate another candidate for the Governor to consider, until the
25   Governor makes an appointment.
26      (C) The executive director must be appointed by the Governor
27   with the advice and consent of the Senate for a term of six years
28   and until his successor is appointed and confirmed.
29      (D) The name of the executive director appointed by the
30   Governor must be submitted to the Senate on or before April first
31   of the year in which the term of the executive director begins.
32      (E) The initial term of office for the executive director begins
33   July 1, 2003.
34      (F) The executive director may be removed from office by the
35   Governor in the event of his incapacity to serve. In addition, the
36   executive director may be removed for cause from office by the
37   Governor pursuant to Section 1-3-240(C) only after a two-thirds
38   majority vote of the Public Service Commission and Office of
39   Public Staff Review Committee recommends removal for cause.
40      (G) In case of a vacancy in the office of executive director for
41   any reason prior to the expiration of his term of office, the name of
42   a nominee for the executive director’s successor must be submitted
43   by the Public Service Commission and Office of Public Staff

     [5108]                           31
 1   Review Committee to the Governor, who must send his
 2   appointment to the Senate for confirmation. If a vacancy arises in
 3   the office when the Senate is not in session, the review committee
 4   must nominate a candidate and the Governor must appoint an
 5   executive director to serve on an interim basis pending
 6   confirmation by the Senate.
 7      (H) The executive director must take the oath of office provided
 8   by the Constitution and the oaths prescribed by law for state
 9   officers.
10      (I) The salary of the executive director must be set by the
11   Public Service Commission and Office of Public Staff Review
12   Committee.
13      Section 58-4-40. (A) Unless otherwise provided by law, no
14   person may serve as the executive director of the Office of Public
15   Staff if the Public Service Commission regulates any business with
16   which that person is associated.
17      (B) If the Public Service Commission regulates a business with
18   which an employee of the Office of Public Staff is associated, the
19   employee annually must file a statement of economic interests
20   notwithstanding the provisions of Section 8-13-1110.
21      (C) No person may be an employee of the Office of Public
22   Staff if the Public Service Commission regulates a business with
23   which he is associated and this relationship creates a continuing or
24   frequent conflict with the performance of his official
25   responsibilities.
26
27      Section 58-4-50. (A) It is the duty and responsibility of the
28   public staff to:
29         (1) review,      investigate,     and     make       appropriate
30   recommendations to the commission with respect to the
31   reasonableness of rates charged or proposed to be charged by any
32   public utility and with respect to the consistency of these rates with
33   the public policy of assuring an energy supply adequate to protect
34   the public health and safety and to promote the general welfare;
35         (2) make inspections, audits, and examinations of public
36   utilities. The public staff has sole responsibility for this duty, and
37   the commission has no authority to make inspections, audits, and
38   examinations of public utilities;
39         (3) review,      investigate,     and     make       appropriate
40   recommendations to the commission with respect to the service
41   furnished or proposed to be furnished by any public utility;
42         (4) represent the public interest in all commission
43   proceedings;

     [5108]                            32
 1         (5) when considered necessary by the executive director and
 2   in the public interest, petition the commission to initiate
 3   proceedings to review, investigate, and take appropriate action
 4   with respect to the rates or service of public utilities;
 5         (6) represent the public interest in all certificate applications;
 6         (7) represent the public interest in all proceedings wherein
 7   any public utility proposes to reduce or abandon service to the
 8   public;
 9         (8) investigate complaints affecting the public interest
10   generally, including those which are directed to the commission,
11   commissioners, or commission employees, and where appropriate
12   make recommendations to the commission with respect to these
13   complaints;
14         (9) make studies and recommendations to the commission
15   with respect to standards, regulations, practices, or service of any
16   public utility pursuant to the provisions of this title; however, the
17   public staff has no duty, responsibility, or authority with respect to
18   the enforcement of natural gas pipeline safety laws, rules, or
19   regulations;
20         (10) when considered necessary by the executive director and
21   in the public interest, participate in commission proceedings with
22   respect to transfers of franchises, mergers, consolidations, and
23   combinations of public utilities;
24         (11) when considered necessary by the executive director and
25   in the public interest, provide legal representation of the public
26   interest before federal regulatory agencies in proceedings which
27   could affect the rates or service of any public utility;
28         (12) review,      investigate,     and      make      appropriate
29   recommendations to the commission with respect to contracts of
30   public utilities with affiliates or subsidiaries;
31         (13) to monitor existing regulations, rate structures, and
32   policies affecting public utilities which are of special interest to
33   consumers and to report to, and educate the public, by reporting
34   through the news media and other sources, concerning proposed
35   changes therein under consideration and the effect of those
36   changes on the lives of the citizens of this State; and
37         (14) upon request, the executive director must employ the
38   resources of the public staff to furnish to the commission, its
39   members, or the Consumer Advocate, such information and reports
40   or conduct such investigations and provide other assistance as may
41   reasonably be required in order to supervise and control the public
42   utilities of the State as may be necessary to carry out the laws
43   providing for their regulation.

     [5108]                            33
 1     (B) Each year, the executive director and the public staff
 2   employees must attend a workshop of at least six contact hours
 3   concerning ethics and the Administrative Procedures Act. This
 4   workshop must be developed with input from the Public Service
 5   Commission and Office of Public Staff Review Committee.
 6
 7      Section 58-4-60. (A) The public staff must be staffed and
 8   equipped to perform the functions described in Section 58-4-50.
 9   The expenses of the office must be paid as set forth in Section
10   58-3-70 and this section.          The executive director, within
11   established budgetary limits and as allowed by law, must authorize
12   and approve travel, subsistence, and related necessary expenses of
13   the executive director or public staff incurred while traveling on
14   official business.
15      (B) All expenses of the Office of Public Staff must be borne by
16   the public utilities, household goods carriers, hazardous waste for
17   disposal carriers, and railway companies subject to the Public
18   Service Commission’s jurisdiction. On or before the first day of
19   July in each year, the Department of Revenue must assess each
20   public utility, railway company, household goods carrier, and
21   hazardous waste for disposal carrier its proportion of the expenses
22   in proportion to its gross income from operation in this State in the
23   year ending on the thirtieth day of June preceding that on which
24   the assessment is made which is due and payable on or before July
25   fifteenth. The assessments must be charged against the companies
26   by the Department of Revenue and collected by the Department of
27   Revenue in the manner provided by law for the collection of taxes
28   from the companies including the enforcement and collection
29   provisions of Article 1, Chapter 54 of Title 12 and paid, less the
30   Department of Revenue actual incremental increase in the cost of
31   administration into the state treasury as other taxes collected by the
32   Department of Revenue for the State.
33      (C) The Office of Public Staff shall certify to the South
34   Carolina Department of Revenue annually on or before May first
35   the amounts to be assessed.
36      (D) The Office of Public Staff shall operate as an other-funded
37   agency.
38      (E) The appropriation for the Office of Public Staff shall be
39   advanced by the State until it shall have been collected from the
40   corporations liable therefor and, when collected, shall be placed in
41   the state treasury.
42


     [5108]                            34
 1      Section 58-4-70. (A) Except for municipally-owned and
 2   operated utilities, all public utilities doing business in this State
 3   must promptly, when required by the Office of Public Staff,
 4   furnish a full and detailed written report and written information
 5   concerning their business affairs or any matter pertaining thereto,
 6   as is specified in the requirement, and must also promptly answer
 7   fully all questions and interrogatories which may be propounded
 8   by the public staff.
 9      (B) If, in the judgment of the Office of Public Staff, the
10   information or reports referred to in subsection (A) are not
11   furnished within a reasonable time or the questions or
12   interrogatories referred to in subsection (A) are not answered fully
13   within a reasonable time or, if furnished and answered, are not
14   satisfactory to the public staff, the public staff must give by written
15   notice to the person or corporation the particulars in which
16   information, reports, or answers to the questions or interrogations
17   are not satisfactory, and the person or corporation has a reasonable
18   time in which to comply with the requirements of the notice in the
19   particulars mentioned in the notice.
20      (C) If it is desired for any reason to verify or recheck the
21   information furnished under this section, the public staff, in person
22   or by its agents, must make an examination of the books, papers,
23   accounts, and records of and the inspection of the properties of the
24   persons referred to in subsection (A) as necessary to procure the
25   information required. The public staff may require the production
26   of the desired writings and records and the attendance and
27   testimony under oath of the officers, accountants, or other agents
28   of the parties having knowledge thereof at such place as the public
29   staff may designate and the expense of making the necessary
30   examination or inspection for the procuring of the information
31   must be paid by the party examined or inspected, to be collected by
32   the public staff by suit or action, if necessary, except, that if the
33   examination and inspection and the reports thereof disclose that a
34   full and accurate response had previously been made, the expense
35   of making the examination and inspection must be paid out of the
36   funds of the public staff.
37
38      Section 58-4-80. The executive director representing the
39   public staff is considered to have an interest sufficient to maintain
40   actions for judicial review from commission orders or decisions
41   and may as of right, and in a manner prescribed by law intervene
42   or otherwise participate in any civil proceeding which involves the
43   review or enforcement of commission action that the executive

     [5108]                            35
 1   director determines may substantially affect the interests of
 2   consumers. This right includes intervention in any action for
 3   judicial review from commission orders or decisions that are
 4   pending at any stage of the action. The executive director
 5   representing the public staff has the same rights of appeal from
 6   commission orders or decisions as other parties to commission
 7   proceedings.
 8
 9      Section 58-4-90. Except as required by Section 58-4-50,
10   decisions respecting whether, when, or how to initiate, continue,
11   participate, or intervene in proceedings under Section 58-4-50 are
12   in the sole discretion of the executive director except as modified
13   by order of a court of competent jurisdiction.
14
15      Section 58-4-100. To the extent necessary to carry out public
16   staff responsibilities, the executive director is authorized to employ
17   expert witnesses and other professional expertise as the executive
18   director may consider necessary from time to time to assist the
19   public staff in its participation in commission proceedings. The
20   compensation paid to these persons may be commensurate with
21   compensation generally paid by the regulated industry for such
22   specialists. The compensation and expenses therefor must be paid
23   by the public utility or utilities participating in the proceedings or
24   from the public staff’s budget. If paid by the public utility or
25   utilities, this compensation and expenses must be treated by the
26   commission, for ratemaking purposes, in a manner generally
27   consistent with its treatment of similar expenditures incurred by
28   utilities in the presentation of their cases before the commission.
29   An accounting of compensation and expenses must be reported
30   annually to the Public Service Commission and Office of Public
31   Staff Review Committee, the Speaker of the House of
32   Representatives, and the President Pro Tempore of the Senate.
33
34     Section 58-4-110. The public staff of the commission must
35   make and publish annual reports to the General Assembly on its
36   activities in the interest of the using and consuming public.
37
38     Section 58-4-120. Rules governing the internal administration
39   and operations of the Office of the Public Staff must be
40   promulgated by the office and subject to review by the General
41   Assembly as are rules of procedure promulgated by the Supreme
42   Court under Article V of the Constitution.”
43

     [5108]                            36
 1   SECTION 7. (A) The Senate and House of Representatives shall
 2   meet in joint session in the hall of the House of Representatives for
 3   the purpose of electing members of the South Carolina Public
 4   Service Commission at 12:00 noon on the first Tuesday after the
 5   effective date of a bill enacted by the General Assembly during its
 6   2002 session amending Section 58-3-20 of the 1976 Code
 7   providing for staggered terms of members of the Public Service
 8   Commission and for other matters relating to the Public Service
 9   Commission; provided, that the General Assembly, by resolution,
10   may provide for a different date for the conduct of these elections
11   after the effective date of the Public Service Commission bill. In
12   addition, at this same election unless earlier held, elections shall
13   also be held to elect a successor to the Honorable A. Victor Rawl,
14   Judge of the Circuit Court for the Ninth Judicial Circuit, Seat 3,
15   whose term expires June 30, 2003; to elect a successor to the
16   Honorable Joseph J. Watson, Judge of the Circuit Court, At-Large
17   Seat 4, whose term expires June 30, 2003; to elect a successor to
18   the Honorable Haskell T. Abbott III, Judge of the Family Court for
19   the Fifteenth Judicial Circuit, Seat 3, whose term expires June 30,
20   2002; and to elect a person to fill the at-large seat on the Winthrop
21   University Board of Trustees.
22      (B) Notwithstanding the provisions of Section 2-1-180 of the
23   1976 Code, the mandatory sine die adjournment date of the
24   General Assembly for the 2002 session only is extended to 5:00
25   P.M. on the date the General Assembly completes election of
26   members of the Public Service Commission as provided in
27   subsection (A).
28
29   SECTION 8. On or before January 1, 2003, the Code
30   Commissioner must prepare and deliver to the Public Service
31   Commission and Office of Public Staff Review Committee, all
32   code references and other references and provisions in Title 58 of
33   the 1976 Code which he considers in need of correction or
34   modification as a result of the provisions of this act.
35
36   SECTION 9. Section 58-37-30 of the 1976 Code is repealed.
37
38   SECTION 10. Sections 58-3-67 and 58-3-93, as contained in
39   SECTION 4, are repealed July 1, 2003.
40
41   SECTION 11. If       any     section,   subsection,    paragraph,
42   subparagraph, sentence, clause, phrase, or word of this act is for
43   any reason held to be unconstitutional or invalid, such holding

     [5108]                           37
 1   shall not affect the constitutionality or validity of the remaining
 2   portions of this act, the General Assembly hereby declaring that it
 3   would have passed this act, and each and every section, subsection,
 4   paragraph, subparagraph, sentence, clause, phrase, and word
 5   thereof, irrespective of the fact that any one or more other sections,
 6   subsections, paragraphs, subparagraphs, sentences, clauses,
 7   phrases, or words hereof may be declared to be unconstitutional,
 8   invalid, or otherwise ineffective.
 9
10   SECTION 12. This act takes effect upon approval by the
11   Governor except that:
12      (1) Article 5 of Chapter 3 of Title 58 as contained in SECTION
13   5 takes effect August 1, 2002;
14      (2) Section 1-3-240(C) as contained in SECTION 1; Section
15   58-3-55 as contained in SECTION 4; Section 58-3-80 as contained
16   in SECTION 4; Section 58-3-115 as contained in SECTION 4;
17   Section 58-3-140 as contained in SECTION 4; Section 58-3-145 as
18   contained in SECTION 4; and Chapter 4 of Title 58 as contained
19   in SECTION 6 take effect July 1, 2003.
20                               ----XX----




     [5108]                            38

				
DOCUMENT INFO
Shared By:
Categories:
Tags:
Stats:
views:0
posted:2/13/2012
language:
pages:40