Reference is to Printer's Date 1/10/18-H.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 58-3-20 of the 1976 Code is amended to read:
"Section 58-3-20.
(A) The commission is composed of
seven members to be elected by the General Assembly in the
manner prescribed by this chapter. Each member must have:
(1)
a baccalaureate or more advanced degree from:
(a)
a recognized institution of higher learning requiring
face-to-face contact between its students and instructors prior
to completion of the academic program;
(b)
an institution of higher learning that has been accredited
by a regional or national accrediting body; or
(c)
an institution of higher learning chartered before 1962;
and
(2)
a background of substantial duration and an expertise in
at least one of the following:
(a)
energy issues;
(b)
telecommunications issues;
(c)
consumer protection and advocacy issues;
(d)
water and wastewater issues;
(e)
finance, economics, and statistics;
(f)
accounting;
(g)
engineering; or
(h)
law.
(B) The review
committee may find a candidate qualified although the candidate
does not have a background of substantial duration and expertise
in one of the eight enumerated areas contained in subsection
(A)(2) of this section if three-fourths of the review committee
vote to qualify the candidate and provide written justification
of their decision in the report as to the qualifications of the
candidates.
(C) The qualification provisions of
subsection (A) of this section do not apply to the reelection of
a commissioner elected by the General Assembly on March 3, 2004,
so long as there is no break in service.
(D)(1) Beginning in 2004,
The members of the Public Service Commission must be elected to
staggered terms. In 2004, the members representing the Second,
Fourth, and Sixth Congressional Districts must be elected for
terms ending on June 30, 2006, and until their successors are
elected and qualify. Thereafter, members representing the
Second, Fourth, and Sixth Congressional Districts must be
elected to terms of four years and until their successors are
elected and qualify. In 2004, the members representing the
First, Third, and Fifth Congressional Districts and the State at
large must be elected for terms ending on June 30, 2008, and
until their successors are elected and qualify. Thereafter,
members representing the First, Third, and Fifth Congressional
Districts and the State at large must be elected to terms of
four years and until their successors are elected and qualify.
Notwithstanding the provisions of this section, members
representing the First, Third, and Fifth Congressional Districts
shall serve until the expiration of their terms, and in 2013,
members representing the First, Third, and Fifth Congressional
Districts must be elected for terms ending on June 30, 2016, and
until their successors are elected and qualified.
(2)
In the event there are Seven Congressional Districts, the member
elected from the State at large shall serve until the expiration
of his term, and in 2013, a member representing the Seventh
Congressional District must be elected for a term ending on June
30, 2016, and until his successor is elected and qualified.
Thereafter, the member representing the Seventh Congressional
District must be elected to terms of four years and until his
successor is elected and qualified. Upon the election and
qualification of the member representing the Seventh
Congressional District, the at large member elected to satisfy
the requirements of subsection (E) immediately shall cease to be
a member of the commission.
(E) The General Assembly
must provide for the election of the seven-member commission and
elect its members based upon the congressional districts
established by the General Assembly pursuant to the latest
official United States Decennial Census. If the number of
congressional districts is less than seven, additional members
must be elected at large to provide for a seven-member
commission. In the event the congressional districts established
by the General Assembly are under review by a court for
compliance with statutory or constitutional requirements, an
election scheduled pursuant to this section shall not be held
until a final determination is made by the courts regarding the
congressional districts. The inability to hold an election due
to judicial review of the congressional districts does not
constitute a vacancy on the commission and the commissioners
serve until their successors are elected and qualify.
Terms of members of the Public Service Commission in Seats 2,
4, and 6 shall expire on June 30, 2018. Terms of members of the
Public Service Commission in Seats 1, 3, 5, and 7 shall expire
on June 30, 2019. The successors for the expiring terms must be
elected pursuant to subsection (C).
(C) The
Public Service Commission must be composed of one member elected
from each congressional district. The members of the commission
must be elected to terms of four years and until their
successors are elected and qualify. Beginning with the 2018
election, elections must be held as follows:
(1)
Seats 2, 4, and 6 must be elected in 2018 and
then in every other even-numbered year thereafter; and
(2)
Seats 1, 3, 5, and 7 must be elected in 2019 and
then in every other odd-numbered year thereafter.
(F)(D)
The Governor may fill vacancies in the office of
commissioner until the successor in the office for a full term
or an unexpired term, as applicable, has been elected by the
General Assembly. In cases where a vacancy occurs on the
commission when the General Assembly is not in session, the
Governor may fill the vacancy by an interim appointment. The
Governor must report the interim appointment to the General
Assembly and must forward a formal appointment at its next
ensuing regular session."
SECTION 2. Section 58-3-30(C) of the 1976 Code is amended to read:
"(C)(1)
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. Also,
each year, the commissioners and their employees must attend at
least six hours of continuing education curriculum which
directly relates to the subject matter for which the commission
is responsible. The continuing education curriculum must be
approved by the Public Utilities Review Committee.
(2)
In meeting the requirements of this
subsection:
(a)
Commissioners and commission employees may
receive reimbursement of expenses for the extra-judicial
activities permitted by the Code of Judicial Conduct, if the
source of such payments does not give the appearance of
influencing the commissioners and commission employees'
performance of duties or otherwise give the appearance of
impropriety.
(b)
Reimbursement shall not exceed a reasonable
amount nor shall it exceed what a person who is not a
commissioner or commission employee would receive for the same
activity.
(c)
Expense reimbursements are limited to the actual
cost of travel, food, and lodging reasonably incurred, pursuant
to Canon 4 contained in Rule 501 of the South Carolina Appellate
Court Rules, regardless of the source of the reimbursement.
(d)
Notwithstanding any other provision of law or
the Code of Judicial Conduct, commissioners and commission
employees may only receive reimbursements reasonably related to
obtaining the continuing education required by this
subsection.
(E)
Commissioners and commission employees shall
report the date, place, and nature of any activity for which the
commissioners or commission employees received reimbursement.
The commissioners and commission employees further shall report
the name of the payor and the amount of reimbursement received.
The report must be made at least annually and must be filed as a
public document with the State Ethics Commission."
SECTION 3. A. Section 58-3-60(D) of the 1976 Code is amended to read:
"(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."
B. Section 58-3-190(C) of the 1976 Code is amended to read:
"(C) The
commission may request direct 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)."
C. Section 58-3-200 of the 1976 Code is amended to read:
"Section 58-3-200.
In addition to any authority granted to the Office of
Regulatory Staff, the commission has the authority to
initiate inspections, audits, and examinations
of all persons and entities subject to its jurisdiction,
including a physical inspection of facilities. 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). Also, the commission may take any
other lawful action the commission deems necessary in the
furtherance of its duties set forth in this chapter."
SECTION 4. Section 58-3-225 of the 1976 Code is amended by adding an appropriately lettered subsection to read:
"( ) Before making a determination, the commissioners shall question the parties thoroughly during hearings of contested cases when appropriate."
SECTION 5. A. Section 58-3-260(A)(2) of the 1976 Code is amended to read:
"(2) 'Person' means a party to a proceeding pending before the commission, a member of the Office of Regulatory Staff, a representative of a party to a proceeding pending before the commission, individuals, corporations, partnerships, limited liability companies, elected officials of state government, and other public and elected officials. Except that 'person' does not mean any member or staff of the Public Utilities Review Committee or any other legislative committee charged with review of the commission."
B. Section 58-3-260(C) of the 1976 Code is amended by adding an appropriately numbered item at the end to read:
"( ) a communication made by or to a member or staff of the Public Utilities Review Committee, or any other legislative committee charged with review of the commission, in the furtherance of the duties of the committees. The exemption contained in this item does not extend to any communication made regarding a pending matter."
SECTION 6. Section 58-3-530(1)(a) of the 1976 Code is amended to read:
"(a) no
more than three all candidates found
qualified for each seat on the Public Service Commission to
be elected by the General Assembly. In order to be nominated, a
candidate must be found qualified by meeting the requirements as
provided in Sections 58-3-20 and 58-3-560;"
SECTION 7. Section 58-3-560 of the 1976 Code is amended to read:
"Section 58-3-560.
(A) Whenever an election is to be held
by the General Assembly in joint session to elect a person to
serve on the commission, the review committee must conduct its
screening pursuant to the provisions of Section 2-20-10, et
seq.; however, Section 2-20-40 is not applicable to a screening
by the review committee. Beginning with the 2019 election
for persons to serve on the commission, the election must be
held at least forty-five days after the screening and nomination
process is complete.
(B) In order to be
nominated for a seat on the commission, candidates must meet the
requirements of Section 58-3-20 and this section, and must
not be prohibited from election pursuant to Section 58-3-24.
In screening candidates for the commission and making its
findings, the review committee must seek to find the best
qualified people by giving due consideration to:
(1)
ability, dedication, compassion, common sense, and
integrity of the candidates; and
(2)
the race and gender of the candidates and other
demographic factors to assure nondiscrimination to the greatest
extent possible of all segments of the population of the
State."
SECTION 8. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.