South Carolina General Assembly
113th Session, 1999-2000

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Bill 3304


Indicates Matter Stricken
Indicates New Matter


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

COMMITTEE REPORT

March 10, 1999

H. 3304

Introduced by Rep. Easterday

S. Printed 3/10/99--H.

Read the first time January 19, 1999.

THE COMMITTEE ON

LABOR, COMMERCE AND INDUSTRY

To whom was referred a Bill (H. 3304), to amend Title 58, Chapter 3, Code of Laws of South Carolina, 1976, relating to the Public Service Commission, etc., respectfully

REPORT:

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/ SECTION 1. The 1976 Code is amended by adding:

"Section 58-3-230. (A) An entity may not change or initiate a change in a customer's utility provider, as defined in Sections 58-5-10, 58-9-10, and 58-27-10, without the customer's authorization. Customer authorization must be acquired utilizing marketing or anti-slamming guidelines approved by state and federal agencies.

(B) An entity which 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) An entity which wilfully or knowingly changes, without authority, or initiates an unauthorized change of a customer's utility provider is subject to a fine of not less than five hundred dollars and not more than two thousand five hundred dollars for each violation. The fines must remain with the commission."

SECTION 2. This act takes effect upon approval by the Governor. /

Amend title to conform.

HARRY F. CATO, for Committee.

A BILL

TO AMEND TITLE 58, CHAPTER 3, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUBLIC SERVICE COMMISSION, BY ADDING SECTION 58-3-230 SO AS TO PROHIBIT THE UNAUTHORIZED CHANGE OF A CUSTOMER'S UTILITY SERVICE PROVIDER AND TO ESTABLISH PENALTIES.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. The 1976 Code is amended by adding:

"Section 58-3-230. (A) An entity may not change or initiate a change in a customer's utility provider, as defined in Sections 58-5-10, 58-9-10, and 58-27-10, without the customer's authorization.

(B) An entity which 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) An entity which wilfully or knowingly changes, without authority, or initiates an unauthorized change of a customer's utility provider is subject to a fine of not less than one hundred dollars and not more than one thousand dollars for each violation. The fines must remain with the commission."

SECTION 2. This act takes effect upon approval by the Governor.

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