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H 4262 - Enacts the SC Small Wireless Facilities Deployment Act

Tracking Level: Priority
Sponsor: Gary Simrill (R)
Last Action: 10/7/2020 - Act No. 179
House Committee: LCI
Senate Committee: Judy
Assigned To:
TelecommunicationsNext Bill

Staff Analysis of the Legislation

03.10.2020 The Senate Judiciary Committee carried this bill over.
03.05.2020 A Senate Judiciary subcommittee gave this bill a favorable report as amended. 
02.06.2020 A Senate Judiciary subcommittee carried this bill over.
04.23.2019 The Senate Judiciary Committee carried this bill over.
04.18.2019 A Senate Judiciary subcommittee gave this bill a favorable report.
04.17.2019 A Senate Judiciary subcommittee carried this bill over.
03.26.2019 The House Labor, Commerce and Industry Committee gave this bill a favorable report as amended by the subcommittee.
03.21.2019 The House Labor, Commerce and Industry Public Utilities subcommittee gave this bill a favorable report as amended. As soon as the amendment is available, it will be posted.
Summary of the bill as introduced: Prohibits state or local governments with control over rights of way from stopping, regulating or charging for the collocation of certain small wireless facilities.


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Session 123 - (2019-2020)Printer Friendly
(pdf format)
H*4262 (Rat #0190, Act #0179 of 2020) General Bill, By Simrill, Rutherford, Sandifer, Forrester, West, Jefferson, R. Williams, Anderson, Weeks, G.R. Smith, S. Williams and Gilliard
Similar (S 0638)
Summary: Small Wireless Facilities Deployment Act
    AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 11, TITLE 58 SO AS TO, AMONG OTHER THINGS, ENACT THE "SOUTH CAROLINA SMALL WIRELESS FACILITIES DEPLOYMENT ACT"; TO MAKE LEGISLATIVE FINDINGS; TO DEFINE RELEVANT TERMS; TO MAKE PROVISIONS FOR CERTAIN AGREEMENTS OR ENACTMENTS ADDRESSING THE DEPLOYMENT OF SMALL WIRELESS FACILITIES ENTERED INTO PRIOR TO THE EFFECTIVE DATE OF THIS ACT; TO PROVIDE, AMONG OTHER THINGS, GUIDELINES AND PROCEDURES TO UNITS OF LOCAL GOVERNMENT REGARDING ENACTMENTS ADDRESSING DECORATIVE POLES, UNDERGROUND DISTRICTS, DESIGN DISTRICTS, AND HISTORIC DISTRICTS; TO AFFIRM THE POWERS OF UNITS OF LOCAL GOVERNMENT WITH RESPECT TO WIRELESS FACILITIES THAT ARE NOT SMALL WIRELESS FACILITIES LOCATED WITHIN RIGHTS OF WAY; TO PROVIDE, AMONG OTHER THINGS, GUIDELINES AND PROCEDURES TO WIRELESS PROVIDERS AND UNITS OF LOCAL GOVERNMENT WITH CONTROL OVER RIGHTS OF WAY REGARDING THE COLLOCATION OF CERTAIN SMALL WIRELESS FACILITIES WITHIN RIGHTS OF WAY; TO MAKE PROVISIONS FOR APPLICATIONS, FEES, APPLICATION REVIEW, AND THE ISSUANCE OF PERMITS FOR THE COLLOCATION OF SMALL WIRELESS FACILITIES; TO REQUIRE THAT APPLICATIONS TO COLLOCATE SMALL WIRELESS FACILITIES PURSUANT TO THIS ARTICLE MUST BE PROCESSED ON A NONDISCRIMINATORY BASIS; TO ENUMERATE THE CONDITIONS UNDER WHICH A UNIT OF LOCAL GOVERNMENT MAY DENY AN APPLICANT'S PROPOSED COLLOCATION OF A SMALL WIRELESS FACILITY, AND TO PROVIDE THAT SUBJECT TO THE ABILITY OF A UNIT OF LOCAL GOVERNMENT TO DENY AN APPLICATION, THE COLLOCATION OF SMALL WIRELESS FACILITIES MUST BE ALLOWED ON NONDISCRIMINATORY TERMS AND CONDITIONS; TO PROVIDE THAT THE ADMINISTRATIVE LAW COURT HAS CONTESTED CASE JURISDICTION TO DETERMINE ALL DISPUTES ARISING UNDER THIS ACT; AND TO PROHIBIT A UNIT OF LOCAL GOVERNMENT FROM REQUIRING A WIRELESS PROVIDER TO INDEMNIFY AND HOLD THE AUTHORITY AND ITS OFFICERS AND EMPLOYEES HARMLESS AGAINST ANY CLAIMS, LAWSUITS, JUDGMENTS, COSTS, LIENS, LOSSES, EXPENSES, OR FEES, EXCEPT WHEN A COURT OF COMPETENT JURISDICTION HAS FOUND THAT THE NEGLIGENCE OF THE WIRELESS PROVIDER WHILE INSTALLING, REPAIRING, OR MAINTAINING FACILITIES, POLES, OR SUPPORT STRUCTURES PURSUANT TO THIS ACT CAUSED THE HARM THAT CREATED SUCH CLAIMS, LAWSUITS, JUDGMENTS, COSTS, LIENS, LOSSES, EXPENSES, OR FEES. - ratified title
View full text          View Vote History          View Fiscal Impact
03/19/19House Introduced and read first time (House Journal-page 39)
03/19/19House Referred to Committee on Labor, Commerce and Industry (House Journal-page 39)
03/20/19House Member(s) request name added as sponsor: West
03/21/19House Member(s) request name added as sponsor: Jefferson, R.Williams
03/26/19House Member(s) request name added as sponsor: Anderson
03/26/19House Committee report: Favorable with amendment Labor, Commerce and Industry (House Journal-page 40)
03/27/19House Member(s) request name added as sponsor: Weeks
03/27/19House Requests for debate-Rep(s). Sandifer, G.M. Smith, Hiott, Clary, Felder, Stavrinakis, Fry, Crawford, Anderson, Simrill, Rose, Thayer, West, Alexander (House Journal-page 60)
03/27/19 Scrivener's error corrected
03/28/19House Member(s) request name added as sponsor: G.R.Smith, S.Williams
04/03/19House Member(s) request name added as sponsor: Gilliard
04/03/19House Amended (House Journal-page 70)
04/03/19House Read second time (House Journal-page 70)
04/03/19House Roll call Yeas-108 Nays-2 (House Journal-page 131)
04/04/19House Read third time and sent to Senate (House Journal-page 40)
04/04/19Senate Introduced and read first time (Senate Journal-page 4)
04/04/19Senate Referred to Committee on Judiciary (Senate Journal-page 4)
04/04/19 Scrivener's error corrected
04/10/19Senate Referred to Subcommittee: Gambrell (ch), Hutto, Massey, Sabb, Climer
01/28/20Senate Referred to Subcommittee: Gambrell (ch), Hutto, Goldfinch, Sabb, Climer
09/23/20Senate Recalled from Committee on Judiciary (Senate Journal-page 24)
09/23/20Senate Amended (Senate Journal-page 24)
09/23/20Senate Read second time (Senate Journal-page 24)
09/23/20Senate Roll call Ayes-32 Nays-6 (Senate Journal-page 24)
09/23/20Senate Unanimous consent for third reading on next legislative day (Senate Journal-page 24)
09/24/20Senate Read third time and returned to House with amendments (Senate Journal-page 4)
09/24/20House Concurred in Senate amendment and enrolled
09/24/20House Roll call Yeas-104 Nays-1
09/25/20 Ratified R 190
09/29/20 Signed By Governor
10/07/20 Effective date 09/29/20
10/07/20 Act No. 179



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