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H 4262 - Enacts the SC Small Wireless Facilities Deployment Act

Tracking Level: Priority
Sponsor: Gary Simrill (R)
Last Action: 4/10/2019 - Senate - Referred to Subcommittee: Gambrell (ch), Hutto, Massey, Sabb, Climer
House Committee: LCI
Senate Committee: Judy
Assigned To:
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Staff Analysis of the Legislation

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 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
    A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 11, TITLE 58 SO AS TO ENACT THE "SOUTH CAROLINA SMALL WIRELESS FACILITIES DEPLOYMENT ACT"; TO MAKE LEGISLATIVE FINDINGS; TO DEFINE RELEVANT TERMS; TO PROVIDE, AMONG OTHER THINGS, THAT CERTAIN AGREEMENTS OR ENACTMENTS PERTAINING TO THE DEPLOYMENT OF SMALL WIRELESS FACILITIES THAT DO NOT COMPLY WITH CERTAIN PROVISIONS OF THIS ACT MUST BE DEEMED INVALID AND UNENFORCEABLE BEGINNING OCTOBER 1, 2019; TO PROVIDE THAT CERTAIN UNITS OF LOCAL GOVERNMENT "AUTHORITIES" WITH CONTROL OVER RIGHTS OF WAY MAY NOT PROHIBIT, REGULATE, OR CHARGE FOR THE COLLOCATION OF CERTAIN SMALL WIRELESS FACILITIES; TO PROVIDE THAT SMALL WIRELESS FACILITIES MUST BE CLASSIFIED AS PERMITTED USES AND NOT SUBJECT TO ZONING REVIEW AND APPROVAL UNDER SPECIFIED CIRCUMSTANCES; TO PROVIDE REQUIREMENTS FOR APPLICATIONS, FEES, APPLICATION REVIEW, AND ISSUANCE OF PERMITS FOR COLLOCATION OF SMALL WIRELESS FACILITIES; TO REQUIRE AUTHORITIES TO ALLOW THE COLLOCATION OF SMALL WIRELESS FACILITIES ON AUTHORITY UTILITY POLES UNDER SPECIFIED CIRCUMSTANCES; TO PROHIBIT AUTHORITIES FROM REGULATING THE DESIGN, ENGINEERING, CONSTRUCTION, INSTALLATION, OR OPERATION OF ANY SMALL WIRELESS FACILITY IN SPECIFIED CIRCUMSTANCES; TO PROVIDE THAT THE ADMINISTRATIVE LAW COURT HAS JURISDICTION TO RESOLVE ALL DISPUTES ARISING UNDER THE ACT; AND TO PROHIBIT AN AUTHORITY FROM REQUIRING A WIRELESS PROVIDER TO INDEMNIFY THE AUTHORITY OR ITS OFFICERS OR EMPLOYEES AND FROM NAMING THE AUTHORITY AS AN ADDITIONAL INSURED ON A WIRELESS PROVIDER'S INSURANCE POLICY.
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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



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