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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-3-250 SO AS TO AUTHORIZE THE PUBLIC SERVICE COMMISSION TO IMPOSE MONETARY FINES UPON COURT APPROVAL AND OTHER PENALTIES INCLUDING CERTIFICATE REVOCATION UPON AN ENTITY SUBJECT TO ITS JURISDICTION FOR WILFUL VIOLATION OF OR REFUSAL TO COMPLY WITH ANY STATUTE, REGULATION, OR ORDER OF THE COMMISSION, AND TO PROVIDE THAT THE COMMISSION ALSO MAY INSTITUTE A PROCEEDING FOR INJUNCTIVE RELIEF IN THE COURT OF COMMON PLEAS TO COMPEL AN ENTITY TO COMPLY WITH ANY STATUTE, REGULATION, OR ORDER OF THE COMMISSION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 3, Title 58 of the 1976 Code is amended by adding:
"Section 58-3-250. (A) The commission shall have the authority to impose upon an entity subject to its jurisdiction, pursuant to the provisions of this title, which is found to have wilfully violated or refused to comply with any statute, regulation, or order of the commission, a penalty of not more than one hundred thousand dollars. The court of common pleas shall authorize the imposition of the fine after petition by the commission stating the facts and justification for its imposition. In addition, for any such offense the commission may amend, suspend, or revoke a certificate issued by it to the entity. Each day the violation or noncompliance continues is considered a separate and distinct violation. A fine or penalty imposed or assessed by the commission, upon proper filing in the appropriate county office or offices, constitutes a lien upon the properties and assets of the entity in like manner and form as any other judgment at law. A fine or penalty imposed by the commission must go into the general fund of the State to the credit of the commission to offset the costs associated with this section.
(B) The commission also may institute a proceeding for injunctive relief in the court of common pleas to compel an entity to comply with any statute, regulation, or order of the commission."
SECTION 2. This act takes effect upon approval by the Governor.
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