View Amendment Current Amendment: JUD0705.002.DOCX to Bill 705     The COMMITTEE ON JUDICIARY proposed the following amendment (JUD0705.002):
    Amend the bill, as and if amended, by striking lines 37-38 on page 3 and inserting:

    /             (b)     if the diameter of the facility is not marked, twenty-four inches on either side of the outside edge of the mark indicating a facility; or         /

Amend the bill further, as and if amended, by striking lines 26-32 on page 4 and inserting:

/         Section 58-36-50.         (A)     Operators must maintain an association that will operate a notification center providing for the receipt of notice of excavation or demolition in a defined geographical area. The notification center must be governed by a board of directors composed of operators and damage prevention stakeholders that are members of the association. The by-laws of the association must provide for a board of directors with the following membership:         /

Amend the bill further, as and if amended, by striking lines 15-24 on page 5 and inserting:

    /         (15)     one representative of a company licensed in South Carolina as a general contractor or as a subcontractor in the construction industry;
            (16)     three representatives employed by different facility operators in South Carolina; and
            (17)     one representative of a special purpose district providing natural gas.
In choosing members of the association to fill these board positions, the association will solicit nominations from the membership of the association and industry organizations representing entities designated by this subsection. The South Carolina 811 board of directors existing on the effective date of this act must elect the board as required by the provisions of this subsection within nine months following the effective date of this act.         /

Amend the bill further, as and if amended, by striking lines 25-26 on page 6 and inserting:

/         (I)     The notification center shall provide a positive response system that must be fully operational within three years from the effective date of this act.         /

Amend the bill further, as and if amended, by striking Subsections 58-36-70(A) and (B), beginning on line 26 on page 9 and inserting:

/         Section 58-36-70.         (A)     An operator or designated representative must provide to an excavator the following information:
        (1)     The horizontal location and description of all of its facilities in the area of the proposed excavation or demolition. The location shall be marked by stakes, paint, flags, or any combination thereof as appropriate depending on the site conditions of the proposed excavation or demolition using the APWA Uniform Color Code. If the diameter or width of the facility is greater than three inches, the dimension of the facility will be indicated at least every twenty-five feet in the area of the proposed excavation or demolition. Operators who operate multiple facilities in the same trench shall locate each facility individually.
        (2)     Any other information that would assist the excavator to identify, and thereby avoid damage to, the marked facilities.
    (B)     The information in subsection (A) must be provided to the excavator within:
        (1)     three full working days, not including the day the notice was made, for a facility after notice of the proposed excavation or demolition to the notification center;
        (2)     ten full working days, not including the day the notice was made, for a subaqueous facility after notice of the proposed excavation or demolition to the notification center; or
        (3)     as otherwise provided by written agreement by the excavator and the operator or designated representative of the operator.
These time lines do not apply in the event the operator declares an extraordinary circumstance.         /

Amend the bill further, as and if amended, by striking lines 5-9 on page 13, and inserting:

/     (4)     when the Department of Transportation, a local government, special purpose district or public service district is carrying out maintenance activities within its designated right of way, which may include resurfacing, milling, emergency replacement of signs critical for maintaining safety, or the reshaping of shoulder and ditches to the original road profile.     /

    Renumber sections to conform.
    Amend title to conform.