H*3161 Session 108 (1989-1990)
H*3161(Rat #0282, Act #0184 of 1989) General Bill, By J.V. Gregory, J. Brown,
Fair, Kirsh, R.N. McLellan, P.E. Short and Wilkins
A Bill to reauthorize the existence of the Public Service Commission for six
years; to amend Sections 58-3-100, 58-5-240, 58-9-540, 58-21-10, 58-23-20,
58-23-330, as amended, 58-23-1010, and 58-27-870, Code of Laws of South
Carolina, 1976, relating to the Public Service Commission, so as to provide
that the expenses of the Public Service Commission must be paid from license
fees and taxes paid by entities over which it has jurisdiction according to
assessments of the Tax Commission, to require the Commission to document its
determination of fair rate of return and to specify an allowable operating
margin in water and wastewater rate orders, to provide that the Commission may
not fix or approve the rates, fares, or charges for interurban railways or
buses, but the Commission's jurisdiction to regulate street railway service is
not affected, to provide that buses of regulated utilities are not exempt from
Commission regulation but that motor vehicles of motor carriers used
incidental to the carrier's business are not subject to Commission regulation,
to provide that certificates of motor carriers or amendments to them must be
approved according to criteria established by the Commission, and to provide
that reasons for restrictions on certificates or amendments must be justified
by the Commission in writing; and to repeal Section 58-23-1510 and Article 19,
Chapter 9 of Title 58 relating to buses and taxis in cities of thirty thousand
to fifty thousand population and telegraph and express companies.-amended
title
01/12/89 House Introduced and read first time HJ-7
01/12/89 House Referred to Committee on Labor, Commerce and
Industry HJ-7
02/08/89 House Committee report: Favorable with amendment Labor,
Commerce and Industry HJ-5
02/16/89 House Amended HJ-41
02/16/89 House Read second time HJ-44
02/16/89 House Unanimous consent for third reading on next
legislative day HJ-44
02/17/89 House Read third time and sent to Senate HJ-2
02/21/89 Senate Introduced and read first time SJ-7
02/21/89 Senate Referred to Committee on Judiciary SJ-8
03/08/89 Senate Committee report: Favorable with amendment
Judiciary SJ-9
03/16/89 Senate Amended SJ-12
03/16/89 Senate Read second time SJ-13
03/16/89 Senate Ordered to third reading with notice of
amendments SJ-13
03/28/89 Senate Amended SJ-14
03/28/89 Senate Read third time and returned to House with
amendments SJ-16
03/29/89 Senate Recalled from House SJ-6
03/29/89 House Returned HJ-81
03/30/89 Senate Reconsidered SJ-12
03/30/89 Senate Amended SJ-12
03/30/89 Senate Read third time and returned to House with
amendments SJ-12
04/19/89 House Debate adjourned HJ-34
05/10/89 House Senate amendment amended HJ-61
05/10/89 House Returned to Senate with amendments HJ-65
05/12/89 Senate Non-concurrence in House amendment SJ-4
05/16/89 House House insists upon amendment and conference
committee appointed Reps. Gregory, J. Rogers &
Nettles HJ-19
05/16/89 Senate Conference committee appointed Sens. Long, Lee,
and Fielding SJ-50
05/30/89 Senate Conference report received SJ-140
05/30/89 Senate Debate interrupted SJ-140
05/31/89 House Conference report received and adopted HJ-39
05/31/89 Senate Conference report adopted SJ-66
05/31/89 Senate Ordered enrolled for ratification SJ-66
06/02/89 Ratified R 282
06/08/89 Signed By Governor
06/08/89 Effective date 06/08/89
06/08/89 Act No. 184
06/19/89 Copies available
(A184, R282, H3161)
AN ACT TO REAUTHORIZE THE EXISTENCE OF THE PUBLIC SERVICE COMMISSION FOR SIX
YEARS; TO AMEND SECTIONS 58-3-100, 58-5-240, 58-9-540, 58-21-10, 58-23-20,
58-23-330, AS AMENDED, 58-23-1010, AND 58-27-870, CODE OF LAWS OF SOUTH CAROLINA,
1976, RELATING TO THE PUBLIC SERVICE COMMISSION, SO AS TO PROVIDE THAT THE
EXPENSES OF THE PUBLIC SERVICE COMMISSION MUST BE PAID FROM LICENSE FEES AND
TAXES PAID BY ENTITIES OVER WHICH IT HAS JURISDICTION ACCORDING TO ASSESSMENTS
OF THE TAX COMMISSION, TO REQUIRE THE COMMISSION TO DOCUMENT ITS DETERMINATION
OF FAIR RATE OF RETURN AND TO SPECIFY AN ALLOWABLE OPERATING MARGIN IN WATER AND
WASTEWATER RATE ORDERS, TO PROVIDE THAT THE COMMISSION MAY NOT FIX OR APPROVE THE
RATES, FARES, OR CHARGES FOR INTERURBAN RAILWAYS OR BUSES, BUT THE COMMISSION'S
JURISDICTION TO REGULATE STREET RAILWAY SERVICE IS NOT AFFECTED, TO PROVIDE THAT
BUSES OF REGULATED UTILITIES ARE NOT EXEMPT FROM COMMISSION REGULATION BUT THAT
MOTOR VEHICLES OF MOTOR CARRIERS USED INCIDENTAL TO THE CARRIER'S BUSINESS ARE
NOT SUBJECT TO COMMISSION REGULATION, TO PROVIDE THAT CERTIFICATES OF MOTOR
CARRIERS OR AMENDMENTS TO THEM MUST BE APPROVED ACCORDING TO CRITERIA ESTABLISHED
BY THE COMMISSION, AND TO PROVIDE THAT REASONS FOR RESTRICTIONS ON CERTIFICATES
OR AMENDMENTS MUST BE JUSTIFIED BY THE COMMISSION IN WRITING; AND TO REPEAL
SECTION 58-23-1510 AND ARTICLE 19, CHAPTER 9 OF TITLE 58 RELATING TO BUSES AND
TAXIS IN CITIES OF THIRTY THOUSAND TO FIFTY THOUSAND POPULATION AND TELEGRAPH AND
EXPRESS COMPANIES.
Be it enacted by the General Assembly of the State of South Carolina:
Expenses of Public Service Commission
SECTION 1. Section 58-3-100 of the 1976 Code is amended to read:
"Section 58-3-100. The expenses of the Transportation Division of the
Public Service Commission, with the exception of the expenses incurred in its
railway jurisdiction, must be borne by the revenues from license fees derived
pursuant to Sections 58-23-530 through 58-23-630, registration fees derived
pursuant to Section 58-23-640, and the portion of the fuel stamp fees allocated
to the Public Service Commission by the Tax Commission. The expenses of the
railway section of the Public Service Commission must be borne by the railroad
companies subject to the Public Service Commission's jurisdiction according to
their gross income from operations in this State.
Except as specifically provided above, in Sections 58-5-940 and 58-27-50, all
other expenses of the Public Service Commission must be borne by the public
utilities as defined in Section 58-5-10, telephone utilities as defined in
Section 58-9-10, radio common carrier as defined in Section 58-11-10, and
electric utilities as defined in Section 58-27-10 under the commission's
jurisdiction. On or before the first day of October in each year, the Tax
Commission shall assess each utility company and railway company 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. The assessments must be charged against the companies by the
Tax Commission and collected by the Tax Commission 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 Tax
Commission's actual incremental increase in the cost of administration into the
State Treasury as other taxes collected by the Tax Commission for the State.
The Public Service Commission shall certify to the South Carolina Tax
Commission annually on or before August first the amounts to be assessed."
Determination of fair rate of return
SECTION 2. Section 58-5-240 of the 1976 Code is amended by adding:
"(H) The commission's determination of a fair rate of return must be
documented fully in its findings of fact and based exclusively on reliable,
probative, and substantial evidence on the whole record. The commission shall
specify an allowable operating margin in all water and wastewater orders."
Determination of fair rate of return
SECTION 3. Section 58-9-540 of the 1976 Code is amended by adding:
"(E) The commission's determination of a fair rate of return must be
documented fully in its findings of fact and based exclusively on reliable,
probative, and substantial evidence on the whole record."
Regulation of interurban railways
SECTION 4. Section 58-21-10 of the 1976 Code is amended to read:
"Section 58-21-10. All authority, power, and duties conferred by law upon
the commission as to steam railways, express and telegraph lines in this State,
steamboat lines, and truck lines doing business as common carriers within this
State are extended and conferred upon the commission as to all interurban
railways, whether steam, electricity, or other power is used by them and whether
or not the roads are partly without the corporate limits of towns or cities. The
commission may not fix or approve the rates, fares, or charges for interurban
railways."
Operation of motor vehicles for transportation of persons or property
SECTION 5. Section 58-23-20 of the 1976 Code is amended to read:
"Section 58-23-20. No corporation or person, his lessees, trustees, or
receivers may operate a motor vehicle for the transportation of persons or
property for compensation on an improved public highway in this State except in
accordance with the provisions of this chapter, except where the use of a motor
vehicle is incidental only to the operation, and any such operation is subject
to control, supervision, and regulation by the commission in the manner provided
by this chapter. The commission may not fix or approve the rates, fares, or
charges for buses. Provided, however, nothing herein shall affect the
commission's jurisdiction to regulate street railway service or any successor to
street railway service under Chapter 5 of Title 58."
Certificates of motor carriers
SECTION 6. Section 58-23-330 of the 1976 Code, as last amended by Act 525 of
1988, is further amended to read:
"Section 58-23-330. An applicant applying for a certificate or applying
to amend a certificate to operate as a motor vehicle common carrier may be
approved upon a showing based on criteria established by the commission that the
applicant is fit, willing, and able to perform appropriately the proposed
service. If an intervenor shows or if the commission determines that the public
convenience and necessity is being served already, the commission may deny the
application. If the commission approves a restricted certificate to operate, the
reason for the restriction must be justified in writing.
If an application is denied, another application may not be made until at least
six months have elapsed since the date of the denial."
Regulation of motor carriers
SECTION 7. Section 58-23-1010 of the 1976 Code is amended to read:
"Section 58-23-1010. The commission shall supervise and regulate every
motor carrier in this State and fix or approve the rates, fares, charges,
classifications, and regulations pertaining to each motor carrier, except as
provided in Section 58-23-20. The rates once established remain in effect until
such time when, pursuant to complaint and proper hearing, the commission
determines the rates are unreasonable. The commission may approve joint rates,
local rates, and rate agreements between two or more motor carriers relating to
rates, classifications, allowances, and charges agreed to and published by
individuals, firms, corporations, or the Motor Truck Rate Bureau, Inc. Any of
these agreements when approved by the commission are not in violation of Section
39-3-10.
As to holders of a certificate C the commission shall fix a maximum rate
only."
Determination of fair rate of return
SECTION 8. Section 58-27-870 of the 1976 Code is amended by adding:
"(G) The commission's determination of a fair rate of return must be
documented fully in its findings of fact and based exclusively on reliable,
probative, and substantial evidence on the whole record."
Public Service Commission reauthorized
SECTION 9. In accordance with Section 1-20-60 of the 1976 Code, the existence
of the Public Service Commission is reauthorized for six years.
Repeal
SECTION 10. Section 58-23-1510 and Article 19, Chapter 9 of Title 58 of the
1976 Code are repealed.
Time effective
SECTION 11. This act takes effect upon approval by the Governor. |