Bill 3236

                    Current Status

Bill Number:               3236
Ratification Number:       514
Act Number                 440
Introducing Body:          House
Subject:                   Public Service Commission

(A440, R514, H3236)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-3-225 SO AS TO AUTHORIZE THE PUBLIC SERVICE COMMISSION TO ORDER THE EJECTMENT OF ANY PERSON WHO DISRUPTS OR UNNECESSARILY IMPEDES OR INTERFERES WITH THE ORDERLY CONDUCT OF A PUBLIC HEARING AND AUTHORIZE THE COMMISSION TO INSTITUTE CONTEMPT PROCEEDINGS IN THE CIRCUIT COURT AGAINST ANY PERSON WHO REFUSES A LAWFUL ORDER OF THE COMMISSION TO LEAVE A HEARING UNDER SUCH CIRCUMSTANCES AND PROVIDE FOR REIMBURSEMENT OF PERSONS UNLAWFULLY ELECTED BY COMMISSION ORDERS; AND TO PROVIDE THAT INCUMBENT MEMBERS OF THE PUBLIC SERVICE COMMISSION SERVING ON THE EFFECTIVE DATE OF THE ACT SHALL CONTINUE TO SERVE UNTIL JULY 1, 1981, UNLESS SUCCESSORS ARE ELECTED PRIOR TO THAT DATE.

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

Findings

Section 1. The General Assembly finds that the Public Service Commission (Commission) was created by the General Assembly to regulate common carriers and utilities serving the public as, and to the extent, required by the public interest. The regulation of such carriers and utilities is one of the Commission's most important functions and one that fundamentally affects the daily lives of the citizens of this State and in light of the importance of the Commission's functions, all proceedings before the Commission should be conducted in the most equitable, efficient and dignified manner. It further finds that many proceedings before the Commission have become increasingly lengthy, with a substantial number of different parties representing different interests. It is the purpose of this act to improve the Commission's effectiveness and efficiency and to allow the Commission to have an equitable and dignified forum in which to conduct such proceedings.

Persons may be ejected from proceedings

Section 2. The 1976 Code is amended by adding:

"Section 58-3-225. Hearings conducted before the Public Service Commission shall be conducted under dignified and orderly procedures designed to protect the rights of all parties. All persons appearing in a representative capacity before the Commission in its proceedings should conform to the standards of ethical conduct required of attorneys practicing before the courts of this State. Any person, firm or corporation who disregards Commission orders after due notice or who engages in conduct calculated to bring the due and orderly course of Commission proceedings into disrespect or disregard, or to interfere with or prejudice parties litigant or their witnesses during the proceedings may, by order of the Commission or its presiding officer, be ejected for the remainder of that day from such proceedings. If that person, firm or corporation engages in further conduct resulting in ejection for a second day or portion thereof in the same proceeding he shall also be declared in contempt and cited for such to any circuit judge, who may punish by a fine not to exceed five hundred dollars or imprisonment not to exceed thirty days, or both. Such proscribed conduct shall include, but not be limited to, any person, firm or corporation intentionally delaying the proceedings by the injection of matters determined not to be relevant after a proper warning that such matters shall not be pursued.

The above provision shall not be construed as limiting any powers of the Commission under existing law."

Incumbent members to continue to serve

Section 3. Notwithstanding the provisions of Act 223 of 1979 and Section 58-3-20 of the 1976 Code, incumbent members of the Public Service Commission serving as commissioners on the effective date of this act shall continue to serve as commissioners until July 1, 1981, unless their successors are elected prior to that date.

Time effective

Section 4. This act shall take effect upon approval by the Governor.