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Current Status Bill Number:View additional legislative information at the LPITS web site.5346 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:20020528 Primary Sponsor:J.E. Smith All Sponsors:J.E. Smith, Lourie, Weeks, Harvin, McLeod, Davenport, Emory, Freeman, Gourdine, J. Hines, Hosey, Kirsh, Lloyd, J.M. Neal, Phillips, Sheheen, Snow and Stille Drafted Document Number:l:\council\bills\gjk\21400sd02.doc Residing Body:House Current Committee:Labor, Commerce and Industry Committee 26 HLCI Subject:Public Service Commission, members and terms History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 20020528 Introduced, read first time, 26 HLCI referred to Committee Versions of This Bill
TO AMEND SECTION 58-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEMBERS OF THE PUBLIC SERVICE COMMISSION AND THEIR TERMS OF OFFICE, SO AS TO LENGTHEN THE TERMS OF CERTAIN MEMBERS OF THE COMMISSION ELECTED IN 2002 IN ORDER TO STAGGER TERMS OF MEMBERS OF THE COMMISSION; TO AMEND SECTION 58-3-24, AS AMENDED, RELATING TO MEMBERS OF THE GENERAL ASSEMBLY AND FORMER MEMBERS FOR A PERIOD OF FOUR YEARS AFTER THEY CEASE TO BE MEMBERS OF THE GENERAL ASSEMBLY BEING INELIGIBLE FOR ELECTION TO THE PUBLIC SERVICE COMMISSION, SO AS TO PROVIDE THAT NO FAMILY MEMBER OF A PERSON SERVING IN THE GENERAL ASSEMBLY MAY BE ELECTED TO THE PUBLIC SERVICE COMMISSION; AND BY ADDING SECTION 58-3-85 SO AS TO PROVIDE PROCEDURES AND REQUIREMENTS RELATING TO PROHIBITED AND PERMITTED COMMUNICATIONS BY MEMBERS AND STAFF OF THE PUBLIC SERVICE COMMUNICATIONS INCLUDING EX PARTE COMMUNICATIONS BY THESE PERSONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 58-3-20 of the 1976 Code, as last amended by Act 493 of 1994, is further amended to read:
"Section 58-3-20. The Public Service Commission shall be composed of seven members to be elected by the General Assembly in the manner prescribed by this chapter for terms of four years, except as provided below, and until their successors are elected and qualify.
The General Assembly shall provide for the election of the seven member commission and elect members thereto based upon the congressional districts established by the General Assembly pursuant to the official United States Census of 1990 2002. If the number of congressional districts is less than seven, additional members shall be elected at large to provide for a seven member commission.
Notwithstanding any other provisions of this section, of the Public Service Commission members elected in 2002, the members from Congressional Districts 1, 3, and 5 and the at-large member shall serve for terms of four years each, and the members from Congressional Districts 2, 4, and 6 shall serve for terms of six years each. Thereafter, successors to each of these seven members shall be elected for terms of four years each."
SECTION 2. Section 58-3-24 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 58-3-24. After January 1, 1981, no No member of the General Assembly shall be elected to the Public Service Commission while that person is serving in the General Assembly nor shall that person be elected to the Public Service Commission for a period of four years after he ceases to be a member of the General Assembly.
No 'family member' as this term is defined in Section 2-17-10(6) of a person serving in the General Assembly may be elected to the Public Service Commission. This prohibition also continues for a period of one year after that person ceases to be a member of the General Assembly."
SECTION 3. The 1976 Code is amended by adding:
"Section 58-3-85. (A) Except as provided in subsection (B), a member of the Public Service Commission may not communicate, directly or indirectly, regarding any issue in a proceeding while the proceeding is pending with any party, with any person who has a direct or indirect interest in the outcome of the proceeding, without notice and opportunity for all parties to participate in the communication.
(B) A member of a commission panel may communicate with other members of the panel regarding matters pending before the panel, and any member of the commission may receive aid from staff assistants if the assistants do not receive ex parte communications of a type that the member would be prohibited from receiving.
(C) Unless required for the disposition of ex parte matters specifically authorized by law, no party to a proceeding before the commission, and no person who has a direct or indirect interest in the outcome of the proceeding, may communicate, directly or indirectly, in connection with any issue in that proceeding while the proceeding is pending with any member of the commission, without notice and opportunity for all parties to participate in the communication.
(D) If a member of the commission receives an improper ex parte communication, the member shall disclose the communication in the manner prescribed in subsection (E).
(E) A member of the commission who receives an ex parte communication to violation of this section shall place on the record of the pending matter all written communications received, all written responses to the communications, and a memorandum stating the substance of all oral communications received, all responses made, and the identity of each person from whom he received an ex parte communication, and shall advise all parties that these matters have been placed on the record. Any party desiring to rebut the ex parte communication must be allowed to do so, upon requesting the opportunity for rebuttal within ten days after notice of the communication.
(F) If necessary to eliminate the effect of an ex parte communication received in violation of this section, a member of the commission who receives the communication may be disqualified by the chairman of the commission, or if the violation concerns the chairman, by the full commission after recusal by the chairman, and the portions of the record pertaining to the communication may be sealed by protective order.
(G) The commission and any party to a proceeding with knowledge of a violation of this section shall report any violation of this section to appropriate authorities for any disciplinary proceedings provided by law. In addition, a person committing a willful violation of this section is guilty of a misdemeanor and, upon conviction, may be punished as provided in Section 1-23-360.
(H) The provisions of this section supercede the general prohibitions in Section 1-23-360 on ex parte communications contained in the Administrative Procedures Act to the extent of any conflict."
SECTION 4. This act takes effect upon approval by the Governor.
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