S.C. Code § 58-3-100

Current through 2024 Act No. 225.

Section 58-3-100 - Assessment for expenses of Commission; Commission an other-funded agency

Except as specifically provided in Sections 58-5-940 and 58-27-50, all other expenses of the Public Service Commission must be borne by the public utilities subject to the commission's jurisdiction. On or before the first day of July in each year, the Department of Revenue must assess each public utility, railway company, household goods carrier, and hazardous waste for disposal carrier its proportion of the expenses in proportion to its gross income from operation in this State in the year ending on the thirtieth day of June preceding that on which the assessment is made which is due and payable on or before July fifteenth. The assessments must be charged against the companies by the Department of Revenue and collected by the department in the manner provided by law for the collection of taxes from the companies including the enforcement and collection provisions of Article 1, Chapter 54 of Title 12 and paid, less the department's actual incremental increase in the cost of administration into the state treasury as other taxes collected by the department.

The commission must certify to the South Carolina Department of Revenue annually, but no later than May first, the amounts to be assessed.

The commission shall operate as an other-funded agency.

S.C. Code § 58-3-100

2006 Act No. 318, Section 1, eff 5/24/2006; 2004 Act No. 175, Section 4, eff 2/18/2004; 1995 Act No. 145, Part II, Section 68A, eff 5/1/1996; 1994 Act No. 497, Part II, Section 12A, eff 7/1/1994; 1993 Act No. 181, Section 1552, eff 7/1/1993; 1989 Act No. 184, Section 1, eff 6/8/1989; 1982 Act No. 331, Section 1, eff 4/9/1982; 1935 (39) 25; 1922 (32) 956; 1904 (24) 496; 1898 (22) 780; 1892 (21) 10; 1882 (17) 817; R. S. 1626, 1628, 1629; G. S. 1453, 1454; Civ. C. '02 Sections 2066, 2221; Civ. C. '12 Sections 3141, 3164, 3328; Civ. C. '22 Sections 4810, 4840, 5026; 1932 Code Sections 8249, 8250, 8292, 8543; 1942 Code Sections 8205, 8232, 8292-11, 8543; 1952 Code Section 58-60; 1962 Code Section 58-60.

1994 Act No. 497, Part II, Section 12B, C, provide as follows:

"B. Notwithstanding the provisions of Section 58-3-100 of the 1976 Code as amended by subsection A of this section and in fiscal year 1994-95 only, the Public Service Commission must generate at least $2,849,177 from motor transport fees, registration fees, and commission assessments for deposit to the credit of the general fund of the State.

"C. The Public Service Commission shall work with the staff of the Governor's Office, the House and Senate budget writing committees, and the motor carrier industry to determine whether an adjustment should be made in the license fees charged to motor carriers beginning Fiscal Year 1995-96. This review must be made with the goal of reducing or eliminating the subsidy by motor carriers to the general fund."