H 3145 South Carolina House · 2019-2020 Regular Session

Electric coops, audits

Summary
AN ACT TO AMEND SECTION 33-49-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTION OF COOPERATIVES AND FOREIGN CORPORATIONS FROM THE JURISDICTION AND CONTROL OF THE PUBLIC SERVICE COMMISSION, SO AS TO MODIFY THIS EXEMPTION; BY ADDING SECTION 33-49-150 SO AS TO VEST THE OFFICE OF REGULATORY STAFF WITH AUTHORITY AND JURISDICTION TO MAKE INSPECTIONS, AUDITS, AND EXAMINATIONS OF SPECIFIED ELECTRIC COOPERATIVES AND TO PROVIDE EXCEPTIONS AND A PROCESS RESOLVING DISPUTED ISSUES; TO AMEND SECTION 33-49-255, RELATING TO RESTRICTIONS ON THE INTERRUPTION OF ELECTRIC SERVICE TO RESIDENTIAL CUSTOMERS OF ELECTRIC COOPERATIVES AND COMPLAINTS BY CUSTOMERS FOR VIOLATION OF THESE PROVISIONS, SO AS TO PROVIDE THAT THESE COMPLAINTS MUST BE MADE TO THE OFFICE OF REGULATORY STAFF AND THEN, IF NECESSARY, TO COURTS OF APPROPRIATE JURISDICTION; TO AMEND SECTION 33-49-420, RELATING TO ANNUAL MEETINGS OF MEMBERS OF AN ELECTRIC COOPERATIVE, SO AS TO REVISE THE NOTICE REQUIREMENTS FOR CERTAIN MEETINGS; TO AMEND SECTION 33-49-430, RELATING TO A QUORUM AT MEETINGS OF ELECTRIC COOPERATIVES, SO AS TO ALLOW PERSONS CASTING EARLY VOTING BALLOTS WHERE AN ELECTION IS TO BE HELD TO BE COUNTED FOR PURPOSES OF DETERMINING A QUORUM AT THE MEETING, AND TO PROHIBIT VOTING BY PROXY; TO AMEND SECTION 33-49-440, RELATING TO VOTING BY MEMBERS AND SECTION 33-49-620, RELATING TO VOTING DISTRICTS FROM WHICH SOME MEMBERS OF THE BOARD OF TRUSTEES MAY BE ELECTED, SO AS TO REQUIRE POLLING LOCATIONS TO BE OPEN FOR A MINIMUM OF FOUR HOURS AND TO PERMIT EARLY VOTING FOR MEETINGS AT WHICH TRUSTEES ARE TO BE ELECTED AND THE PROCEDURES FOR EARLY VOTING; TO AMEND SECTION 33-49-610, RELATING TO THE BOARD OF TRUSTEES OF A COOPERATIVE, SO AS TO PROVIDE THAT A TRUSTEE'S PRINCIPAL RESIDENCE MUST BE SERVED BY THE COOPERATIVE AND REVISE THE MANNER IN WHICH VACANCIES OCCURRING FOR ANY REASON OTHER THAN EXPIRATION OF A TERM ARE FILLED; BY ADDING SECTION 33-49-615 SO AS TO REQUIRE DISCLOSURE OF COMPENSATION AND BENEFITS OF MEMBERS OF THE BOARD OF TRUSTEES AND THE DATE WHEN THESE PROVISIONS ARE EFFECTIVE; BY ADDING SECTION 33-49-621 SO AS TO PROVIDE THAT WITHIN EIGHTEEN MONTHS OF THE EFFECTIVE DATE OF THIS SECTION, EACH DISTRIBUTION COOPERATIVE MUST PUT THE QUESTION OF SINGLE-MEMBER VOTING DISTRICTS TO ITS MEMBERSHIP AT AN ANNUAL MEETING; BY ADDING SECTION 33-49-625 SO AS TO REQUIRE SPECIFIED NOTICE OF CERTAIN MEETINGS TO THE COOPERATIVE MEMBERSHIP, TO REQUIRE VOTES OF TRUSTEES TO BE TAKEN IN OPEN SESSION WITH CERTAIN EXCEPTIONS, TO REQUIRE VOTES TAKEN IN EXECUTIVE SESSION TO BE RATIFIED IN OPEN SESSION, AND TO REQUIRE MINUTES OF ALL MEETINGS TO BE PROVIDED TO COOPERATIVE MEMBERS; TO AMEND SECTION 33-49-630, RELATING TO COMPENSATION OR EMPLOYMENT OF TRUSTEES, SO AS TO PROHIBIT CERTAIN ACTIONS OR CONDUCT BY TRUSTEES WITH SPECIFIED EXCEPTIONS; TO AMEND SECTION 33-49-640, RELATING TO THE ANNUAL ELECTION AND TERMS OF TRUSTEES, SO AS TO PROVIDE THAT INCUMBENT TRUSTEES SEEKING REELECTION SHALL NOT DIRECTLY OR INDIRECTLY INFLUENCE THE NOMINATION OR CREDENTIALS PROCESS; BY ADDING SECTION 33-49-645 SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH TRUSTEE AND OTHER ELECTIONS MUST BE CONDUCTED; TO AMEND SECTION 58-4-50, RELATING TO THE DUTIES AND RESPONSIBILITIES OF THE OFFICE OF REGULATORY STAFF, SO AS TO PROVIDE THAT WHEN CONSIDERED NECESSARY BY THE EXECUTIVE DIRECTOR OF THE OFFICE OF REGULATORY STAFF AND IN THE PUBLIC INTEREST, THE OFFICE OF REGULATORY STAFF SHALL CONDUCT INSPECTIONS AND AUDITS OF, AND EXAMINATIONS OF COMPLIANCE BY ELECTRIC COOPERATIVES; TO AMEND SECTION 58-4-55, RELATING TO THE PRODUCTION OF RECORDS TO THE OFFICE OF REGULATORY STAFF WHEN CONDUCTING INSPECTIONS, AUDITS, AND EXAMINATIONS, SO AS TO INCLUDE ELECTRIC COOPERATIVES WITHIN THE SECTION, AND TO PROVIDE FOR HOW THE EXPENSES OF THE OFFICE OF REGULATORY STAFF MUST BE CERTIFIED AND ASSESSED TO AUDITED ELECTRIC COOPERATIVES; TO AMEND SECTION 58-27-840, RELATING TO PREFERENCES AND UNREASONABLE DIFFERENCES IN RATES, SO AS TO PROVIDE FOR THE MANNER IN WHICH THIS PROHIBITION APPLIES TO DISTRIBUTION ELECTRIC COOPERATIVES; BY ADDING SECTION 33-49-160 SO AS TO PROVIDE THAT AN ASSOCIATION FORMED BY A GROUP OF ELECTRIC COOPERATIVES THAT MEETS THE REQUIREMENTS OF SECTION 501(C)(6) OF THE INTERNAL REVENUE CODE, IS ORGANIZED UNDER THE LAWS OF THIS STATE AND HAS AS ITS PURPOSE THE REPRESENTATION OF THE INTERESTS OF ELECTRIC COOPERATIVES IN THIS STATE, IS SUBJECT TO CERTAIN REQUIREMENTS, TO REQUIRE CERTAIN DISCLOSURES BY THE ASSOCIATION, TO AUTHORIZE THE ASSOCIATION TO COMPENSATE ITS BOARD OF TRUSTEES AND PROVIDE FOR SPECIFIC REQUIREMENTS IN REGARD TO THIS COMPENSATION, AND TO PROVIDE FOR SPECIFIED ETHICAL AND OTHER RULES OF CONDUCT, INCLUDING PROHIBITED ACTIONS BY TRUSTEES AND OFFICERS OF THE ASSOCIATION. - ratified title
Bill status signed all 5 stages cleared
Introduction
Jan 2019
Committee Review
Apr 2019
House Passage
Mar 2019
Senate Passage
May 2019
Signed into Law
May 2019
Introduced Jan 8, 2019 Signed May 16, 2019
Floor votes · Senate May 8, 2019 · House Mar 20, 2019

How they voted

370
Passed
Total votes 37
May 8, 2019
D Democratic13
13 Yea
100% Yea
I Independent1
1 Yea
100% Yea
R Republican23
23 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
40
Key actions
12
Committee
6
Amendments
7
May 16, 2019
Signed into law
Signed By Governor
legislature
May 9, 2019
Upper · Passed
Concurred in House amendment and enrolled
upper
May 9, 2019
Introduced
Returned to Senate with amendments
lower
May 9, 2019
Amended
Senate amendment amended
lower
May 8, 2019
Upper · Passed
Read third time and returned to House with amendments
upper
May 8, 2019
Upper · Passed
Amended
upper
May 7, 2019
Upper · Passed
Amended
upper
May 7, 2019
Upper · Passed
Committee Amendment Adopted
upper
Apr 24, 2019
Upper · Passed
Committee report: Favorable with amendment Judiciary
upper
Apr 5, 2019
Committee
Referred to Subcommittee: Gambrell (ch), Hutto, Massey, Sabb, Climer
upper
Mar 26, 2019
Committee
Referred to Committee on Judiciary
upper
Mar 26, 2019
Introduced
Introduced and read first time
upper
Mar 26, 2019
Lower · Passed
Read third time and sent to Senate
lower
Mar 20, 2019
Lower · Passed
Amended
lower
Mar 20, 2019
House · Passed
House Vote: pass (88-5-11)
house
Mar 7, 2019
Lower · Passed
Amended
lower
Feb 28, 2019
Lower · Passed
Committee report: Favorable with amendment Labor, Commerce and Industry
lower
Jan 8, 2019
Committee
Referred to Committee on Labor, Commerce and Industry
lower
Jan 8, 2019
Introduced
Introduced and read first time
lower
Dec 18, 2018
Committee
Referred to Committee on Labor, Commerce and Industry
lower
50 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Bart Blackwell
Bart Blackwell
RRepublican
SC
81
P
Photo of Bill Sandifer
Bill Sandifer
RRepublican
SC
2
P
Photo of Bill Taylor
Bill Taylor
RRepublican
SC
86
P
Photo of Brandon Newton
Brandon Newton
RRepublican
SC
45
P
Photo of Bruce Bannister
Bruce Bannister
RRepublican
SC
24
P
Photo of Cal Forrest
Cal Forrest
RRepublican
SC
39
P
Photo of Cezar E. McKnight
Cezar E. McKnight
DDemocratic
SC
101
P
Photo of Chip Huggins
Chip Huggins
RRepublican
SC
85
P
Photo of Chris Murphy
Chris Murphy
RRepublican
SC
98
P
Photo of Davey Hiott
Davey Hiott
RRepublican
SC
4
P
Photo of David Weeks
David Weeks
DDemocratic
SC
51
P
Photo of Dennis Moss
Dennis Moss
RRepublican
SC
29
P
Photo of Doug Gilliam
Doug Gilliam
RRepublican
SC
42
P
Photo of F. Michael "Mike" Sottile
F. Michael "Mike" Sottile
RRepublican
SC
112
P
Photo of Garry R. Smith
Garry R. Smith
RRepublican
SC
27
P
Photo of Gary E. Clary
Gary E. Clary
RRepublican
SC
3
P
Photo of Gilda Cobb-Hunter
Gilda Cobb-Hunter
DDemocratic
SC
95
P
Photo of J. Gary Simrill
J. Gary Simrill
RRepublican
SC
46
P
Photo of James H. "Jay" Lucas
James H. "Jay" Lucas
RRepublican
SC
65
P
Photo of Jason Elliott
Jason Elliott
RRepublican
SC
6
P
Photo of Jay West
Jay West
RRepublican
SC
7
P
Photo of Jimmy C. Bales, Ed.D.
Jimmy C. Bales, Ed.D.
DDemocratic
SC
80
P
Photo of Joseph Jefferson
Joseph Jefferson
DDemocratic
SC
102
P
Photo of Josiah Magnuson
Josiah Magnuson
RRepublican
SC
38
P
Photo of Justin Bamberg
Justin Bamberg
DDemocratic
SC
90
P
Photo of Laurie Slade Funderburk
Laurie Slade Funderburk
DDemocratic
SC
52
P
Photo of Lee Hewitt
Lee Hewitt
RRepublican
SC
108
P
Photo of Leon Stavrinakis
Leon Stavrinakis
DDemocratic
SC
119
P
Photo of Mandy W. Kimmons
Mandy W. Kimmons
RRepublican
SC
97
P
Photo of Mark Willis
Mark Willis
RRepublican
SC
16
P
Photo of Micah Caskey
Micah Caskey
RRepublican
SC
89
P
Photo of Murrell Smith
Murrell Smith
RRepublican
SC
67
P
Photo of Nancy Mace
Nancy Mace
RRepublican
SC
99
P
Photo of Nathan Ballentine
Nathan Ballentine
RRepublican
SC
71
P
Photo of Neal Collins
Neal Collins
RRepublican
SC
5
P
Photo of Paula Calhoon
Paula Calhoon
RRepublican
SC
87
P
Photo of Peter M. McCoy, Jr.
Peter M. McCoy, Jr.
RRepublican
SC
115
P
Photo of Richie Yow
Richie Yow
RRepublican
SC
53
P
Photo of Robert L. Ridgeway, III
Robert L. Ridgeway, III
DDemocratic
SC
64
P
Photo of Robert Williams
Robert Williams
DDemocratic
SC
62
P
Photo of Roger Kirby
Roger Kirby
DDemocratic
SC
101
P
Photo of Russell Ott
Russell Ott
DDemocratic
SC
26
P
Photo of Russell W. Fry
Russell W. Fry
RRepublican
SC
106
P
Photo of Shannon Erickson
Shannon Erickson
RRepublican
SC
124
P
Photo of Todd Rutherford
Todd Rutherford
DDemocratic
SC
74
P
Photo of Tommy Pope
Tommy Pope
RRepublican
SC
47
P
Photo of Wendell Gilliard
Wendell Gilliard
DDemocratic
SC
111
P
Photo of Weston Newton
Weston Newton
RRepublican
SC
120
P
Photo of Will Wheeler
Will Wheeler
DDemocratic
SC
50
P
Photo of William Scott Cogswell, Jr.
William Scott Cogswell, Jr.
RRepublican
SC
110