Current Status Introducing Body:Senate Bill Number:438 Primary Sponsor:Drummond Type of Legislation:GB Subject:Underground utility plan requirements Residing Body:Senate Current Committee:Labor, Commerce & Industry Computer Document Number:JIC/5164.HC Introduced Date:Jan 09, 1991 Last History Body:Senate Last History Date:Apr 18, 1991 Last History Type:Committee Report: Favorable with amendment Scope of Legislation:Statewide All Sponsors:Drummond Type of Legislation:General Bill
Bill Body Date Action Description CMN
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438 Senate Apr 18, 1991 Committee Report: Favorable 12
with amendment
438 Senate Jan 09, 1991 Introduced and read first 12
time, referred to Committee
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Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
April 18, 1991
S. 438
S. Printed 4/18/91--S.
Read the first time January 9, 1991.
To whom was referred a Bill (S. 438), to amend Section 58-35-40, Code of Laws of South Carolina, 1976, relating to the determination of the location of underground utilities before excavation or demolition for purposes of the Underground Utility Damage Prevention Act, etc., respectfully
That they have duly and carefully considered the same, and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after the enacting words and inserting the following:
/SECTION 1. Section 58-35-120 is amended to read:
"Section 58-35-120. Any person who violates any provision of this chapter shall be subject to a civil penalty not to exceed one thousand dollars for each such violation. Actions to recover the penalty provided for in this section shall be brought by the attorney general at the request of the injured party in the proper forum in and for the county in which the cause, or some part thereof, arose or in which the defendant has its principal place of business or resides. All penalties recovered in any such actions shall be paid into the general fund of the State. A person who damages an underground utility belonging to an operator who has not joined an association for mutual receipt of notice as established under Section 58-35-70 shall not be held liable for any civil penalties and may not be held liable by the operator for personal or property damages. This chapter does not affect any civil remedies for personal injury or property damage except as otherwise specifically provided for in this chapter. The penalty provisions of this chapter are cumulative to and not in conflict with any provisions of law with respect to civil remedies for personal injury or property damage."
Amend title to conform.
J. VERNE SMITH, for Committee.
TO AMEND SECTION 58-35-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DETERMINATION OF THE LOCATION OF UNDERGROUND UTILITIES BEFORE EXCAVATION OR DEMOLITION FOR PURPOSES OF THE UNDERGROUND UTILITY DAMAGE PREVENTION ACT, SO AS TO REQUIRE PERSONS RESPONSIBLE FOR EXCAVATION OR DEMOLITION TO CONSULT WITH PUBLIC UTILITIES OPERATING IN THE AREA IN ORDER TO PREPARE A DETAILED UNDERGROUND UTILITY PLAN.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The second paragraph of Section 58-35-40 of the 1976 Code is amended to read:
"Prior to any Before excavation or demolition, the person financially responsible or the architect, engineer, or designer responsible for such activities should shall consult with all the public utilities operating in the area and cause a detailed plan to be drawn and furnished to the entity physically doing the excavation or demolition that will show showing the location of all utilities in accordance with the provisions of Section 58-35-80."
SECTION 2. This act takes effect upon approval by the Governor.