reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 27 - Junkyard Control › Section 57-27-100. Rule of construction.

Nothing in this chapter shall be construed to abrogate or affect the provisions of any lawful ordinance, regulation, or resolution, which are more restrictive than the provisions of this chapter.
HISTORY: 1962 Code Section 33-589; 1966 (54) 2130.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 1 - General Provisions › Section 58-1-10. Acceptance of free rides on railroads or telegraph frank by certain officials unlawful.

It shall be unlawful for any person, while a member of the Senate or of the House of Representatives, State or national, or any State or county official or judge of a court of record in this State to use any free pass, express or telegraph frank or complimentary ticket or to ride without paying the usual fare on any railroad in this State. Any person violating any provision of this section shall be guilty of a misdemeanor and, upon conviction, shall be liable to a fine not to exceed five hundred dollars or imprisonment not to exceed six months.
But nothing herein contained shall apply to the Commissioner of Agriculture nor to the use of a pass to ride without paying the usual fare on any railroad by an officer or employee, active or retired, of such railroad who has earned his pass through seniority and service to the railroad.
HISTORY: 1962 Code Section 58-4; 1952 Code Section 58-4; 1942 Code Section 1234; 1932 Code Section 1234; Cr. C. '22 Section 130; Cr. C. '12 Section 273; Cr. C. '02 Section 204; R. S. 190; 1891 (20) 1047; 1905 (24) 900; 1941 (42) 119; 1949 (46) 386.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 1 - General Provisions › Section 58-1-20. Offer of free pass or reduced rates to certain officials unlawful.

It shall be unlawful for any transportation or transmission company or any person representing such a company to issue or offer to issue a free pass or any special or reduced rates not common to the public to any member of the General Assembly, to any member of Congress from this State, to any State or county official or to any judge of a court of record in this State. But nothing contained in this section shall apply to the Commissioner of Agriculture, nor to any transportation or transmission company or person representing any such company issuing or offering to issue a free pass or any special or reduced rate to the public or to any officer or employee, active or retired, of such company who has earned such pass or such right to such reduced rates by reason of seniority and service to such company.
HISTORY: 1962 Code Section 58-5; 1952 Code Section 58-5; 1942 Code Section 1235; 1932 Code Section 1235; Cr. C. '22 Section 131; Cr. C. '12 Section 274; Cr. C. '02 Section 205; R. S. 191; 1891 (20) 1047; 1905 (24) 900; 1941 (42) 119; 1949 (46) 386.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 1 - General Provisions › Section 58-1-30. Bond required of public utilities appealing from rate decisions.

When any public utility in this State appeals from any order or decision fixing a rate for its service lower than that obtaining at the time of such order or decision, before any such appeal shall operate as a supersedeas such utility shall give bond to the South Carolina Department of Revenue to insure compliance on its part with the rates as fixed in the order from which the appeal is taken, in the event that the order appealed from is affirmed. The amount of the bond shall be fixed by the court to which the appeal is taken and shall be sufficient to cover the amount that may become due to customers by way of refund during the time that the operation of the rate-fixing order is stayed pending the final determination of its validity.
HISTORY: 1962 Code Section 58-11; 1952 Code Section 58-11; 1942 Code Section 8240; 1935 (39) 29; 1993 Act No. 181, Section 1547, eff July 1, 1993.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 1 - General Provisions › Section 58-1-40. Reports of certain carriers and public utilities to Department of Revenue.

All railroad companies, express companies, street railway companies, navigation companies, waterworks companies, power companies, light companies, telephone companies, telegraph companies and parlor, dining and sleeping car companies exercising the right and privilege of doing business or operating under the authority of any grant of authority or permission of this State, whether by direct enactment of the General Assembly or otherwise, and also foreign nonresident corporations engaged in like business and exercising similar rights and privileges, shall, in addition to the information required by Section 12-19-20, also state in such report to the Department of Revenue:
(1) The nature of the company or corporation and under the laws of what state it was organized;
(2) In the case of express companies, the entire receipts, including all sums earned or charged, whether actually received or not, for business done in the State by each agent of such company doing business in this State, giving the name of the office for the fiscal year then next preceding for and on account of such company, including its proportion of gross receipts for business done by such company within the State in connection with other companies and also the total amount of such receipts for business done within the State;
(3) In case of telegraph and telephone companies, the entire gross receipts including all sums earned or charged, whether actually received or not, for the fiscal year next preceding, from whatever source derived, whether messages, telephone tolls, rentals or otherwise, for business done within this State at each office within this State, giving the name of the office and the total receipts of the company for such period in this State from business done within this State;
(4) In the case of each railroad or street railway situated wholly within the State, the gross earnings from its operation, and in case of each railroad or street railway located partly within and partly without the State, the gross earnings from the operation of the entire line for the fiscal year next preceding, with the number of miles of line within the State and the miles of line without the State; or
(5) In the case of navigation companies, waterworks companies, power companies, light companies, the entire gross receipts of the company, including all sums earned or charged, whether actually received or not, for business done within this State for the fiscal year then next preceding, including the company's portion of gross receipts for business done by it within this State in connection with other companies.
HISTORY: 1962 Code Section 58-12; 1952 Code Section 58-12; 1942 Code Section 2678; 1932 Code Section 2678; 1922 (32) 947; 1993 Act No. 181, Section 1548, eff July 1, 1993.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 1 - General Provisions › Section 58-1-50. Interest paid with refund of excess charges not to constitute cost basis for rate-making.

Notwithstanding any other provision of law, any public utility as defined in item (3) of Section 58-5-10, any telephone utility, and any electrical utility whose rates are subject to regulation by the Public Service Commission, when putting a proposed rate increase into effect under bond in the manner authorized by law, shall not be permitted to include as part of its rate base any interest expenses paid to customers on refunds which are required when the rate increase is not approved either in whole or in part.
HISTORY: 1983 Act No. 138 Section 26, eff June 15, 1983.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 1 - General Provisions › Section 58-1-65. South Carolina public water impoundments for federally regulated hydroelectric projects; programs to combat growth of aquatic weeds; hold harmless statute for owners and operators.

(A) The General Assembly finds:
(1) The use of South Carolina public water impoundments for federally regulated hydroelectric projects are being endangered due to the uncontrolled growth of aquatic weeds.
(2) In an effort to manage aquatic weeds in the impoundments, the Department of Natural Resources in conjunction with the owners and operators of the water impoundments for federally regulated hydroelectric projects have developed programs to combat the growth of aquatic weeds. These programs are funded in part by revenue appropriated to the Department of Natural Resources in Part 1, Section 47 of the 1995-96 general appropriations act, by revenue of certain federal programs, and by contributions by the owners and operators of the federally regulated hydroelectric projects. However, the programs are exclusively managed and controlled by the Department of Natural Resources.
(3) In order to continue the program, the owners and operators must have protection from actions by the Department of Natural Resources for any liability which they may incur due to the actions of the department or its agents. Therefore, the State in this section is enacting a hold harmless statute for the owners and operators of the water impoundments for federally regulated hydroelectric projects.
(B) There is no liability on the part of, and no cause of action against, owners and operators of water impoundments for federally regulated hydroelectric projects for any and all acts, events, occurrences, or future consequences of any treatment by the Department of Natural Resources, its agents or independent contractors, in providing for the management of aquatic weeds. The immunity for owners and operators of water impoundments for federally regulated hydroelectric projects also extends to any liability arising as a result of actions by individuals who without permission from the owner and operator treat, spray, or in any fashion attempt to manage aquatic weeds in the impoundment.
(C) The department shall use the funds appropriated to it in fiscal year 1995-96 as referenced above to implement and give effect to the provisions of this section in the manner it considers appropriate.
HISTORY: 1995 Act No. 145, Part II, Section 92, eff June 29, 1995.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 2 - Utility Service Where State Boundaries Clarified › Section 58-2-100. Utility service.

Upon the effective date of the amendments to Section 1-1-10, which are effective January 1, 2017, the clarified North Carolina-South Carolina boundary property located in whole or in part in North Carolina immediately prior to that date and receiving utility service from a North Carolina utility as defined under North Carolina law, may continue to receive utility service from that utility or its successors although the property is determined to be located in whole or in part in South Carolina as a result of the boundary clarification. The owners of that property have the option of requesting utility service by a similar South Carolina utility if the property is located within that utility's service area, regardless of whether the property is inside or outside a municipality. For purposes of this section only, the term "utility" shall encompass the same utilities that are covered by one or more of the various definitions for utilities and utility providers used elsewhere in the general law of this State including, but not limited to, systems owned or operated by or on behalf of a municipality or county; municipal systems as authorized in Chapter 31, Title 5; "public utility" as defined in Section 58-3-5; "telephone cooperative" as defined in Section 33-46-20; "cooperative" as used in Chapter 36, Title 33; "corporations not for profit" as used in Chapter 49, Title 33; "special purpose" and "public service districts" as authorized in Chapter 11, Title 6; "rural community water districts" as authorized in Chapter 13, Title 6; "joint municipal water systems" as authorized in Chapter 25, Title 6; "joint agency" as authorized in Chapter 24, Title 6; "natural gas authorities" created by act of the General Assembly, or are otherwise similar to utilities defined under North Carolina law.
HISTORY: 2016 Act No. 270 (S.667), Section 20, eff January 1, 2017.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 3 - Public Service Commission › Section 58-3-5. Definitions.

As used in this chapter:
(1) "Business with which he is associated" means a business of which the person or a member of his immediate family is a director, an officer, owner, employee, a compensated agent, or holder of stock.
(2) "Immediate family" means an individual who is:
(a) a child residing in the person's household;
(b) a spouse of the person; or
(c) an individual claimed by the person or the person's spouse as a dependent for income tax purposes.
(3) "Commission" means the Public Service Commission.
(4) "Hearing officer" means a person employed by the commission to serve as a presiding officer in an adjudicative proceeding before the commission.
(5) "Regulatory staff" means the executive director or the executive director and employees of the Office of Regulatory Staff.
(6) "Public utility" means public utility as defined in Section 58-5-10, telephone utility as defined in Section 58-9-10, government-owned telecommunications service provider as defined in Section 58-9-2610, radio common carrier as defined in Section 58-11-10, carriers governed by Chapter 13 of Title 58, railroads and railways as defined in Section 58-17-10, motor vehicle carrier as defined in Section 58-23-10, or electrical utility as defined in Section 58-27-10.
(7) "Review committee" means the State Regulation of Public Utilities Review Committee.
HISTORY: 2004 Act No. 175, Section 4, eff February 18, 2004.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 3 - Public Service Commission › Section 58-3-10. Continuation of Public Service Commission.

(A) The commission, as constituted under law in effect before February 18, 2004, by the Governor, is reconstituted to continue in existence with the appointment and qualification of the members as prescribed in this article and with the changes in duties and powers as prescribed in this title.
(B) Nothing in this act affects the commission's jurisdiction over matters pending before the commission, on or before February 18, 2004.
HISTORY: 1962 Code Section 58-51; 1952 Code Section 58-51; 1942 Code Section 8199; 1932 Code Section 8243; 1922 (32) 956; 1935 (39) 25; 2004 Act No. 175, Section 4, eff February 18, 2004.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 3 - Public Service Commission › Section 58-3-21. Subsistence allowance.

While hearing cases or any other matter within the commission's jurisdiction or on other official business outside the county in which he resides, within fifty miles of his residence, a public service commissioner is entitled to a subsistence allowance in the amount of thirty-five dollars per day plus such mileage allowance for travel as is provided for other employees of the State. While hearing cases or any other matter within the commission's jurisdiction or on other official business at a location fifty miles or more from his residence, a public service commissioner is entitled to a subsistence allowance in the amount as provided for members of the General Assembly plus such mileage allowance for travel as is provided for other employees of the State.
HISTORY: 2022 Act No. 220 (H.4062), Section 1, eff May 23, 2022.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 3 - Public Service Commission › Section 58-3-22. Legal advice; meetings.

Members of the Public Service Commission may meet together to receive technical and legal advice from the commission's staff on matters pending on the commission's docket, provided that the:
(1) advice is to aid the members in carrying out their responsibilities on the commission;
(2) advice is provided in a manner consistent with the South Carolina Code of Judicial Conduct; and
(3) members who attend such a meeting are not authorized to make recommendations to or transact any business for the Public Service Commission.
A meeting between the members of the Public Service Commission and commission staff pursuant to this section does not constitute a "public meeting" for purposes of the Freedom of Information Act.
HISTORY: 2022 Act No. 220 (H.4062), Section 1, eff May 23, 2022.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 3 - Public Service Commission › Section 58-3-24. General Assembly members and immediate family ineligible for election to commission.

No member of the General Assembly or member of his immediate family shall be elected to the commission while the member is serving in the General Assembly; nor shall a member of the General Assembly or a member of his immediate family be elected to the Public Service Commission for a period of four years after the member either:
(1) ceases to be a member of the General Assembly; or
(2) fails to file for election to the General Assembly in accordance with Section 7-11-15.
HISTORY: 1979 Act No. 167 Section 4, eff July 1, 1979; 1993 Act No. 181, Section 1550, eff July 1, 1993; 2004 Act No. 175, Section 4, eff February 18, 2004.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 3 - Public Service Commission › Section 58-3-25. Conflict of interest; commission members and employees.

(A) Unless otherwise provided by law, no person may serve as a member of the commission if the commission regulates any business with which that person is associated.
(B) If the commission regulates a business with which an employee of the commission is associated, the employee must annually file a statement of economic interests notwithstanding the provisions of Section 8-13-1110.
(C) No person may be an employee of the commission if the commission regulates a business with which the employee is associated, and this relationship creates a continuing or frequent conflict with the performance of his official responsibilities.
HISTORY: 2004 Act No. 175, Section 4, eff February 18, 2004.
Editor's Note
A previous Section 58-3-25, derived from 1979 Act No. 167, Section 5, pertained to the criteria for selecting persons for nomination to the Public Service Commission. This section was repealed by 1993 Act No. 181, Section 1617(A), eff July 1, 1993.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 3 - Public Service Commission › Section 58-3-30. Oaths; Code of Judicial Conduct applicable; ethics and the Administrative Procedure Act workshop.

(A) The commissioners shall take the oath of office provided by the Constitution and the oaths prescribed by law for state officers.
(B) The commissioners and commission employees are bound by the Code of Judicial Conduct, as contained in Rule 501 of the South Carolina Appellate Court Rules, except as provided in Section 58-3-260, and the State Ethics Commission must enforce and administer those rules pursuant to Section 8-13-320. In addition, commissioners and commission employees must comply with the applicable requirements of Chapter 13 of Title 8.
(C) Each year, the commissioners and their employees must attend a workshop of at least six contact hours concerning ethics and the Administrative Procedures Act. This workshop must be developed with input from the review committee.
HISTORY: 1962 Code Section 58-53; 1952 Code Section 58-53; 1942 Code Section 8200; 1932 Code Section 8244; 1922 (32) 956; 1932 (37) 1380; 1935 (39) 25; 2004 Act No. 175, Section 4, eff February 18, 2004.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 3 - Public Service Commission › Section 58-3-40. Election of chairman; hearing officer.

(A) The commission must elect one of its members as chairman for a period of two years.
(B) The chairman is the chief executive and administrative officer of the commission.
(C)(1) Upon the request of any party or any commissioner, the commission may employ a hearing officer who may hear and determine procedural motions or other matters not determinative of the merits of the proceedings and made prior to hearing; and, at the hearing, shall make all rulings on nondispositive motions and objections. If qualified pursuant to item (3), a commission staff attorney may serve as hearing officer.
(2) The hearing officer has full authority, subject to being overruled by the commission, to rule on questions concerning the conduct of the case and the admission of evidence but may not participate in the determination on the merits of any case.
(3) The hearing officer must be an attorney qualified to practice in all courts of this State with a minimum of eight years' practice experience.
HISTORY: 1962 Code Section 58-54; 1952 Code Section 58-54; 1942 Code Section 8201; 1932 Code Section 8245; 1922 (32) 956; 1979 Act No. 167 Section 7, eff July 1, 1979; 2004 Act No. 175, Section 4, eff February 18, 2004.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 3 - Public Service Commission › Section 58-3-50. Administration of oaths.

The clerk of the commission may administer oaths.
HISTORY: 1962 Code Section 58-55; 1952 Code Section 58-55; 1942 Code Section 8292-22; 1932 Code Section 8283; Civ. C. '22 Section 4831; Civ. C. '12 Section 3155; Civ. C. '02 Section 2077; G. S. 1465; R. S. 1640; 1892 (21) 16; 1935 (39) 25; 2004 Act No. 175, Section 4, eff February 18, 2004.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 3 - Public Service Commission › Section 58-3-60. Employment of clerk, attorneys and other staff; salaries; travel authorization and approval; exception as to functions of Office of Regulatory Staff

(A) The commission is authorized and empowered to employ: a chief clerk and deputy clerk; a commission attorney and assistant commission attorneys; hearing officers; hearing reporters; and such other professional, administrative, technical, and clerical personnel as the commission determines to be necessary in the proper discharge of the commission's duties and responsibilities as provided by law. The chairman must organize and direct the work of the commission staff. The salaries of the chairman, the commissioners, and the chief clerk shall not be construed as limiting the maximum salary which may be paid to other employees of the Public Service Commission. The commission staff shall not appear as a party in commission proceedings and shall not offer testimony on issues before the commission.
(B) Subject to Section 58-3-580, the commission must be staffed and equipped to perform the functions set forth in this title except for those responsibilities and functions reserved to the Office of Regulatory Staff. The expenses must be paid from the assessments collected pursuant to Section 58-3-100. The chairman, within allowed budgetary limits and as otherwise allowed by law, must authorize and approve travel, subsistence, and related expenses of personnel incurred while traveling on official business.
(C) The commissioners shall not supervise the Office of Regulatory Staff.
(D) The commission shall not inspect, audit, or examine public utilities. The inspection, auditing, and examination of public utilities is solely the responsibility of the Office of Regulatory Staff.
HISTORY: 1962 Code Section 58-56; 1952 Code Section 58-56; 1942 Code Section 8519; 1932 Code Section 8519; 1925 (34) 252; 1950 (46) 2466; 1983 Act No. 138, Section 11, eff June 15, 1983; 2004 Act No. 175, Section 4, eff January 1, 2005.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 3 - Public Service Commission › Section 58-3-70. Compensation of commission members; limitations on other employment.

The chairman and members of the commission shall receive annual salaries payable in the same manner as the salaries of other state officers are paid. Each commissioner must devote full time to his duties as a commissioner and must not engage in any other employment, business, profession, or vocation during the normal business hours of the commission.
HISTORY: 1962 Code Section 58-57; 1952 Code Section 58-57; 1942 Code Section 8201; 1932 Code Section 8245; 1922 (32) 956; 1951 (47) 506; 1964 (53) 1918; 2004 Act No. 175, Section 4, eff February 18, 2004.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 3 - Public Service Commission › Section 58-3-90. Meetings of Commission; quorum.

The commission must meet at least once each month, and the chairman must call a meeting at any other time upon the written request of any two members of the commission. A majority of the commissioners constitutes a quorum for the transaction of all business pertaining to their office.
HISTORY: 1962 Code Section 58-59; 1952 Code Section 58-59; 1942 Code Section 8201; 1932 Code Section 8245; 1922 (32) 956; 2004 Act No. 175, Section 4, eff February 18, 2004.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 3 - Public Service Commission › Section 58-3-100. Assessment for expenses of Commission; Commission an other-funded agency.

Except as specifically provided in Sections 58-5-940 and 58-27-50, all other expenses of the Public Service Commission must be borne by the public utilities subject to the commission's jurisdiction. On or before the first day of July in each year, the Department of Revenue must assess each public utility, railway company, household goods carrier, and hazardous waste for disposal carrier its proportion of the expenses in proportion to its gross income from operation in this State in the year ending on the thirtieth day of June preceding that on which the assessment is made which is due and payable on or before July fifteenth. The assessments must be charged against the companies by the Department of Revenue and collected by the department in the manner provided by law for the collection of taxes from the companies including the enforcement and collection provisions of Article 1, Chapter 54 of Title 12 and paid, less the department's actual incremental increase in the cost of administration into the state treasury as other taxes collected by the department.
The commission must certify to the South Carolina Department of Revenue annually, but no later than May first, the amounts to be assessed.
The commission shall operate as an other-funded agency.
HISTORY: 1962 Code Section 58-60; 1952 Code Section 58-60; 1942 Code Sections 8205, 8232, 8292-11, 8543; 1932 Code Sections 8249, 8250, 8292, 8543; Civ. C. '22 Sections 4810, 4840, 5026; Civ. C. '12 Sections 3141, 3164, 3328; Civ. C. '02 Sections 2066, 2221; G. S. 1453, 1454; R. S. 1626, 1628, 1629; 1882 (17) 817; 1892 (21) 10; 1898 (22) 780; 1904 (24) 496; 1922 (32) 956; 1935 (39) 25; 1982 Act No. 331, Section 1, eff April 9, 1982; 1989 Act No. 184, Section 1, eff June 8, 1989; 1993 Act No. 181, Section 1552, eff July 1, 1993; 1994 Act No. 497, Part II, Section 12A, eff July 1, 1994; 1995 Act No. 145, Part II, Section 68A, eff May 1, 1996; 2004 Act No. 175, Section 4, eff February 18, 2004; 2006 Act No. 318, Section 1, eff May 24, 2006.
Editor's Note
1994 Act No. 497, Part II, Section 12B, C, provide as follows:
"B. Notwithstanding the provisions of Section 58-3-100 of the 1976 Code as amended by subsection A of this section and in fiscal year 1994-95 only, the Public Service Commission must generate at least $2,849,177 from motor transport fees, registration fees, and commission assessments for deposit to the credit of the general fund of the State.
"C. The Public Service Commission shall work with the staff of the Governor's Office, the House and Senate budget writing committees, and the motor carrier industry to determine whether an adjustment should be made in the license fees charged to motor carriers beginning Fiscal Year 1995-96. This review must be made with the goal of reducing or eliminating the subsidy by motor carriers to the general fund."
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 3 - Public Service Commission › Section 58-3-110. Advance of funds for office of Commission.

The appropriation for the commission's office must be advanced by the State until it has been collected from the corporations liable therefor and, when collected, must be placed in the state treasury.
HISTORY: 1962 Code Section 58-61; 1952 Code Section 58-61; 1942 Code Section 3195; 1932 Code Section 3195; Civ. C. '22 Section 891; Civ. C. '12 Section 811; 1909 (26) 281; 1935 (39) 25; 2004 Act No. 175, Section 4, eff February 18, 2004.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 3 - Public Service Commission › Section 58-3-130. State agencies, boards, and commissions must supply records and information to Commission.

Upon demand by the Office of Regulatory Staff, each state department, board, and commission, and each officer or agent of the State must furnish to the Office of Regulatory Staff, for inspection and confidential use, any record or information on file with the department, board, commission, or officer, as appropriate, concerning the property values, operation, income, or other matter of any person doing business as a public utility in this State.
HISTORY: 1962 Code Section 58-63; 1952 Code Section 58-63; 1942 Code Section 8216; 1932 Code Section 8258; 1930 (36) 1297; 1935 (39) 25; 2004 Act No. 175, Section 4, eff January 1, 2005.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 3 - Public Service Commission › Section 58-3-140. Powers to regulate public utilities.

(A) Except as otherwise provided in Chapter 9 of this title, the commission is vested with power and jurisdiction to supervise and regulate the rates and service of every public utility in this State and to fix just and reasonable standards, classifications, regulations, practices, and measurements of service to be furnished, imposed, or observed, and followed by every public utility in this State.
(B) The commission must develop and publish a policy manual which must set forth guidelines for the administration of the commission. All procedures must incorporate state requirements and good management practices to ensure the efficient and economical utilization of resources.
(C) The commission must facilitate access to its general rate request orders in contested matters involving more than one hundred thousand dollars by publishing an order guide which indexes and cross-references orders by subject matter and case name. The order guide must be made available for public inspection.
(D) The commission must promulgate regulations to require the direct testimony of witnesses appearing on behalf of utilities and of witnesses appearing on behalf of persons having formal intervenor status, such testimony to be reduced to writing and prefiled with the commission in advance of any hearing.
(E) Nothing in this section may be interpreted to repeal or modify specific exclusions from the commission's jurisdiction pursuant to Title 58 or any other title.
(F) When required to be filed, tariffs must be filed with the office of the chief clerk of the commission and, on that same day, provided to the Executive Director of the Office of Regulatory Staff.
HISTORY: 1962 Code Section 58-1; 1952 Code Section 58-1; 1942 Code Section 8204; 1932 Code Section 8248; 1922 (32) 956; 1935 (39) 25; 1983 Act No. 138, Section 7, eff June 15, 1983; 2004 Act No. 175, Section 4, eff January 1, 2005.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 3 - Public Service Commission › Section 58-3-142. Limitation on appearance of members of General Assembly in rate-fixing proceedings.

No member of the General Assembly or any member of a member's law firm shall appear before the commission in any rate-fixing proceeding by representing any party in the proceeding for any purposes including political purposes, and it is the duty of the presiding commissioner or hearing officer to enforce the provisions of this section. However, this section does not apply to any member of the General Assembly appearing as a witness on either side of any hearing.
HISTORY: 1979 Act No. 167 Section 6, eff July 1, 1979; 2004 Act No. 175, Section 4, eff February 18, 2004.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 3 - Public Service Commission › Section 58-3-170. Commission empowered to fix agreements, contracts, and rates between common carriers and telephone and telegraph companies.

In case of failure of common carriers and telephone and telegraph companies to agree, the commission must supervise and fix all agreements, contracts, rates, or the divisions thereof and regulations between or among common carriers and telephone and telegraph companies, of whatever kind, placed under the control or supervision of the commission.
Except for rates, transactions affecting rates, or transactions affecting service areas, the provisions of this section do not apply to transactions between a telephone cooperative association and its subsidiary corporation or cooperative association.
HISTORY: 1962 Code Section 58-8; 1952 Code Section 58-8; 1942 Code Section 8310; 1932 Code Section 8310; Civ. C. '22 Section 4857; 1920 (31) 1064; 1935 (39) 25; 1983 Act No. 67 Section 2, eff May 26, 1983; 2004 Act No. 175, Section 4, eff February 18, 2004.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 3 - Public Service Commission › Section 58-3-180. Promulgation of regulations to effectuate Section 58-3-170.

The commission must promulgate regulations as necessary to effectuate the provisions of Section 58-3-170.
HISTORY: 1962 Code Section 58-9; 1952 Code Section 58-9; 1942 Code Section 8311; 1932 Code Section 8311; Civ. C. '22 Section 4858; 1920 (31) 1064; 1935 (39) 25; 2004 Act No. 175, Section 4, eff February 18, 2004.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 3 - Public Service Commission › Section 58-3-190. Reports by entities subject to commission jurisdiction; audits by Office of Regulatory Staff.

(A) The commission has the authority to require periodic written reports to be submitted by persons or entities subject to its jurisdiction. Such reports must relate to matters within the jurisdiction of the commission and must be filed with the commission and provided to the Office of Regulatory Staff.
(B) If, in the judgment of the commission, any report referred to in subsection (A) is not furnished within a reasonable time or does not satisfactorily address the matters the commission requires to be addressed in such reports, the commission must give the person or entity written notice of the reasons why the report is not satisfactory, and the person or entity shall have a reasonable time period in which to comply with the requirements of the notice.
(C) The commission may request the Office of Regulatory Staff to make, pursuant to Section 58-4-50(A)(2), an inspection, audit, or examination of the persons or entities referred to in subsection (A) regarding matters the commission requires to be addressed in the reports referred to in subsection (A).
HISTORY: 1962 Code Section 58-13; 1952 Code Section 58-13; 1942 Code Section 8214; 1932 Code Section 8256; 1930 (36) 1297; 1935 (39) 25; 2004 Act No. 175, Section 4, eff January 1, 2005.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 3 - Public Service Commission › Section 58-3-200. Inspections, audits and examinations.

The commission has the authority to initiate inspections, audits, and examinations of all persons and entities subject to its jurisdiction. Such inspections, audits, and examinations must relate to matters within the commission's jurisdiction. Notwithstanding any other provision of law, the commission must not conduct such inspections, audits, and examinations itself, but must request that they be conducted by the Office of Regulatory Staff pursuant to Section 58-4-50(A)(2).
HISTORY: 1962 Code Section 58-14; 1952 Code Section 58-14; 1942 Code Section 8215; 1932 Code Section 8257; 1930 (36) 1297; 1935 (39) 25; 2004 Act No. 175, Section 4, eff January 1, 2005.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 3 - Public Service Commission › Section 58-3-220. Disposition of penalties and forfeitures for failure to comply with orders of commission.

One-half of all penalties and forfeitures collected from railroad, express, telegraph, and telephone companies for failure to comply with orders of the commission must be paid into the state treasury, and the other half into the county treasury of the county in which the suit is brought imposing the penalty or forfeiture collected. The revenues accruing from these collections must be used for general state and county purposes.
HISTORY: 1962 Code Section 58-17; 1952 Code Section 58-17; 1942 Code Section 8224; 1932 Code Section 8267; Civ. C. '22 Section 4815; Civ. C. '12 Section 3143; 1911 (27) 158; 1935 (39) 25; 2004 Act No. 175, Section 4, eff February 18, 2004.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 3 - Public Service Commission › Section 58-3-230. Unauthorized change of utility provider service; authorization; penalties; "customer" defined.

(A) A utility, as defined in Sections 58-5-10, 58-9-10, and 58-27-10, may not submit a change request for a customer's utility service until the customer's authorization for the change is obtained by using marketing or anti-slamming guidelines approved by the appropriate federal and state regulatory agencies. In the case of utilities defined by Section 58-9-10, the appropriate regulatory agencies are the Federal Communications Commission and the South Carolina Public Service Commission. If a utility other than that directly receiving the customer authorization subsequently effects the change into billing or operational systems, it is not:
(1) required to secure additional customer authorization; and
(2) liable pursuant to this section for errors, omissions, or unauthorized changes submitted by the utility originating the request.
(B) A utility defined in Sections 58-5-10 and 58-27-10 that violates subsection (A) is liable to the customer for all charges incurred by the customer, in excess of those normally incurred through his designated provider, during the period of the unauthorized change.
(C) A utility defined in Section 58-9-10 that violates subsection (A) is liable as specified in Federal Communications Commission guidelines promulgated pursuant to the United States Code of Laws, Chapter 1, Title 47.
(D) A utility, as defined in Sections 58-5-10, 58-9-10, and 58-27-10, that wilfully, knowingly, or repeatedly violates the provisions of subsection (A) is subject to a fine of not less than two thousand dollars nor more than ten thousand dollars for each violation. The fines collected by the Public Service Commission pursuant to this section must remain with the commission and be used to offset costs associated with this section.
(E) As used in this section "customer" means:
(1) the party identified in the account records of a utility as the one responsible for payment of the utility bill;
(2) an adult person authorized by the responsible party to change utility services or to charge services to the account; or
(3) a person contractually or otherwise lawfully authorized to represent the responsible party.
HISTORY: 2005 Act No. 5, Section 1, eff July 1, 2004.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 3 - Public Service Commission › Section 58-3-240. Definitions; exemption from certain regulations for certain utility services.

(A) As used in this section:
(1) "Privately-owned industrial park" means a privately- owned tract of real property which is used solely for industrial uses, in which the provider of utility services owns or operates an industrial premises and owns or operates facilities for the provision of utility services and on which there is located one or more industrial users. " Privately-owned industrial park" also means those additional tracts as may be subsequently incorporated into the industrial park.
(2) "Industrial premises" means a building, structure, plant, or facility which is located in a privately-owned industrial park and is owned or leased by an industrial user.
(3) "Industrial user" means any person, corporation, or association which is engaged in the business of manufacturing, processing, assembling, fabricating, or related work.
(4) "Provider of utility services" means a person, corporation, or association, other than a regulated public utility or its affiliates, that offers or provides, or both, utility services to the public or any portion of it outside a privately-owned industrial park, which provides any or all of those services which are defined in Chapters 5 and 7 of this title, excluding gas, and subject to regulation by the commission and where the services are provided to an industrial user in a privately-owned industrial park.
(5) "Jurisdictional utilities" means those persons, corporations, associations, or political subdivisions which provide services subject to the jurisdiction of the commission under Chapters 5 and 7 of this title, excluding gas.
(B) The provisions of Chapters 5 and 7 of this title, excluding gas, are not applicable to the provision of utility services to industrial users of these services where the industrial users are located in a privately-owned industrial park where the provider of utility services and the industrial user have agreed in writing to the terms and conditions for the provision of utility services and where all jurisdictional utilities which would have a right to provide any or all of the utility services have agreed in writing to waive their right to further notice and opportunity for hearing with respect to the written agreement and the provision of the services under the terms of the agreement.
(C) Within twenty days after the execution of a written agreement between a provider of utility services and an industrial user pursuant to subsection (B), the provider of utility services must file with the commission and provide to the Office of Regulatory Staff, for information only, the written agreement and all waivers executed by jurisdictional utilities pursuant to subsection (B).
HISTORY: 2001 Act No. 47, Section 1, eff May 29, 2001; 2004 Act No. 175, Section 4, eff February 18, 2004; 2006 Act No. 318, Section 2, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 3 - Public Service Commission › Section 58-3-250. Final orders and decisions; contents; service on parties.

(A) All final orders and decisions of the commission must be sufficient in detail to enable the court on appeal to determine the controverted questions presented in the proceedings and must include:
(1) findings and conclusions, and the reasons or bases therefor, upon all the material issues of fact or law presented in the record; and
(2) the appropriate rule, order, sanction, relief, or statement of denial thereof.
(B) A copy of every final order or decision under the seal of the commission must be served by electronic service, registered or certified mail, upon all parties to the proceeding or their attorneys. Service of every final order or decision upon a party or upon the attorney must be made by emailing a copy of the order to the party's email address provided to the commission or by mailing a copy to the party's last known address. If no email or other address is known, however, service shall be made by leaving a copy with the chief clerk of the commission. The order takes effect and becomes operative when served unless otherwise designated and continues in force either for a period designated by the commission or until changed or revoked by the commission. If, in the judgment of the commission, an order cannot be complied with within the time designated, the commission may grant and prescribe additional time as is reasonably necessary to comply with the order and, on application and for good cause shown, may extend the time for compliance fixed in its order.
HISTORY: 2004 Act No. 175, Section 4, eff February 18, 2004; 2012 Act No. 208, Section 1, eff June 7, 2012.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 3 - Public Service Commission › Section 58-3-280. Restriction on employment of former commissioners by public utility.

A commissioner must not be employed or retained by a public utility for a period of at least one year following his service as a commissioner. A person who violates this provision is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or be imprisoned for not more than one year, or both.
HISTORY: 2004 Act No. 175, Section 4, eff February 18, 2004.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 3 - Public Service Commission › Section 58-3-310. Transportation Division Inspectors; commission and removal of inspectors.

The law enforcement department of the Office of Regulatory Staff shall consist of such officers, inspectors, and agents as the Executive Director of the Office of Regulatory Staff considers necessary and proper for the enforcement of the Motor Vehicle Carrier Law and other related laws, the enforcement of which is devolved upon the department. The title of such officers, inspectors, and agents shall be "Transportation Division Inspectors". The inspectors shall be commissioned by the Governor upon the recommendation of the Executive Director of the Office of Regulatory Staff. The Executive Director of the Office of Regulatory Staff may remove an inspector if he finds that the inspector is unfit for the position.
HISTORY: 1977 Act No. 90 Section 1; 2006 Act No. 318, Section 3, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 3 - Public Service Commission › Section 58-3-320. Bond of inspectors.

Each inspector shall execute a bond with a licensed surety company in the amount of not less than ten thousand dollars. The bond shall be filed with the Office of Regulatory Staff and shall be conditioned for the faithful performance of his duties, for the prompt and proper accounting of funds coming into his hands and for the payment of any judgment rendered against him in any court of competent jurisdiction upon a cause of action arising out of breach or abuse of official duty or power and damages sustained by any member of the public from any unlawful act of the inspector. The coverage under the bond shall not include damage to persons or property arising out of the negligent operation of a motor vehicle. The bond may be individual, schedule, or blanket, and shall be approved by the Attorney General. The premiums on the bonds shall be paid by the Office of Regulatory Staff from appropriated funds.
HISTORY: 1977 Act No. 90 Section 2; 2006 Act No. 318, Section 4, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 3 - Public Service Commission › Section 58-3-330. Oath of inspectors.

Before entering upon the duties of his office, each inspector shall take and subscribe before a notary public, or other officer authorized to administer an oath, an oath to faithfully perform the duties of his office and to properly execute the laws of this State.
HISTORY: 1977 Act No. 90 Section 3.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 3 - Public Service Commission › Section 58-3-360. Inspectors to insure that violators are prosecuted.

Inspectors shall enforce the Motor Vehicle Carrier Law, and related laws and insure that all persons violating any provision of these laws are properly prosecuted.
HISTORY: 1977 Act No. 90 Section 6.