Underground Facility Damage Prevention
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H 3571 — Underground Facility Damage Prevention
Last action — Act No. 65
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed House
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced December 12, 2024. Enacted.
Signed by Governor Henry McMaster (Republican) on May 22, 2025.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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6 sponsors
6 primary, 0 co-sponsors signed on.
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Cleared a recorded vote
Passed 3 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 58-36-20, RELATING TO DEFINITIONS, SO AS TO ADD DEFINITIONS FOR "COMMENCEMENT DATE," "LARGE PROJECT," "LARGE PROJECT FACILITY LOCATION AGREEMENT," "NOTICE," "PRE-MARKING," "PRIVATE FACILITY," "PROJECT INITIATOR," AND "SOFT DIGGING," AND TO AMEND THE DEFINITIONS OF "EXCAVATE," "EXCAVATOR," AND "OPERATOR"; BY AMENDING SECTION 58-36-50, RELATING TO THE OPERATORS ASSOCIATION NOTIFICATION CENTER, SO AS TO CLARIFY OPERATOR PENALTY FOR FAILURE TO BE A MEMBER OF THE ASSOCIATION, THE NOTIFICATION CENTER'S DUTIES, AND OTHER CHANGES; BY AMENDING SECTION 58-36-60, RELATING TO NOTICES OF INTENT TO EXCAVATE OR DEMOLISH, SO AS TO CLARIFY CERTAIN NOTICE REQUIREMENTS, PROVIDE ADDITIONAL TIME FOR NOTICE FOR CERTAIN EXCAVATIONS OR DEMOLITIONS, AND OTHER CHANGES; BY AMENDING SECTION 58-36-70, RELATING TO INFORMATION SUPPLIED BY OPERATORS, SO AS TO REQUIRE NOTICE TO EXCAVATORS PRIOR TO THE COMMENCEMENT DATE, REQUIRE QUARTERLY REPORTS OF DAMAGES CAUSED BY EXCAVATIONS OR DEMOLITIONS, AND TO CLARIFY PAYMENTS OF CIVIL PENALTIES IN CERTAIN CIRCUMSTANCES; BY AMENDING SECTION 58-36-80, RELATING TO EMERGENCY EXCAVATIONS OR DEMOLITIONS EXEMPT FROM NOTICE REQUIREMENTS AND LIABILITY FOR DAMAGES, SO AS ESTABLISH ADDITIONAL NOTIFICATION AND RESPONSE REQUIREMENTS IN THE EVENT OF AN EMERGENCY AND TO MAKE A FALSE CLAIM OF AN EMERGENCY A VIOLATION OF THIS CHAPTER; BY AMENDING SECTION 58-36-90, RELATING TO NOTICES OF DAMAGES, SO AS TO REQUIRE EXCAVATORS TO IMMEDIATELY REPORT ANY KNOWN DAMAGES TO THE NOTIFICATION CENTER AND FACILITY OPERATOR; BY AMENDING SECTION 58-36-100, RELATING TO DESIGN REQUESTS AND OPERATOR RESPONSES, SO AS TO ADD REFERENCES TO LARGE PROJECTS; BY AMENDING SECTION 58-36-110, RELATING TO EXEMPTIONS FROM NOTICE REQUIREMENTS, SO AS TO STRIKE CURRENT PROVISIONS; BY AMENDING SECTION 58-36-120, RELATING TO PENALTIES AND CIVIL REMEDIES, SO AS TO PROVIDE FOR A COMPLAINT PROCESS AND TO PROVIDE FOR PENALTIES; AND BY ADDING SECTION 58-36-75 SO AS TO PROVIDE A PROCESS FOR LARGE PROJECTS. - RATIFIED TITLE
Bill Text
What changed in the latest version
12 added · 135 removedPlain-language change summary
The recent amendment to Bill H 3571 includes new requirements for excavators to immediately report any known damage to a notification center and facility operator. This change is significant because it aims to enhance safety and communication in excavation activities, potentially reducing the risk of accidents and damage. Additionally, penalties for violations will now be shared equally between the State's General Fund and the Office of the Attorney General, which underscores the seriousness of compliance with these regulations.
2025-2026 Bill 3571 Text of Previous Version (Feb.(Dec.
26,12, 2025)2024) - South Carolina Legislature Online South Carolina General Assembly126th Session, 2025-2026Bill 3571Indicates Matter StrickenIndicates New Matter(Text matches printed bills.
Document has been reformatted to meet World Wide Web specifications.) Indicates Matter Stricken Indicates New Matter Committee ReportA Februarybill 26, 2025TO AMEND H.THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 58-36-20, RELATING TO DEFINITIONS, SO AS TO ADD DEFINITIONS FOR "LARGE PROJECT," "NOTICE," "PRE-MARKING," "PRIVATE FACILITY," "PROJECT INITIATOR," AND "SOFT DIGGING" AND TO AMEND THE DEFINITIONS OF "EXCAVATE," "EXCAVATOR," AND "OPERATOR";
3571 Introduced by Reps.
Hiott, Guffey, J.
L.
Johnson, Pedalino and Neese S.
Printed 2/26/25--H.
Read the first time January 14, 2025 ________ The committee on House Labor, Commerce and Industry To whom was referred a Bill (H.
3571) to amend the South Carolina Code of Laws by amending Section 58-36-20, relating to definitions, so as to add definitions for "large project," "notice," "pre-marking,", etc., respectfully Report:
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, SECTION 1, by striking Section 58-36-20(3)(b) and inserting:
(b) for the minor repair, connecting or routine maintenance of an existing facility;
Amend the bill further, SECTION 1, by striking Section 58-36-120(A)(1) and (2) and inserting:
(A)(1) A party affected by an alleged violation of this chapter may file a complaint with the Attorney General's Office within forty-five days of the alleged violation.
Upon receipt of the complaint, the Attorney General's Office must refer the complaint to the notification center for an investigation and mediation pursuant to Section 56-36-50(M)(L).
Each mediation recommendation proposed by the notification center must be submitted to the Attorney General's Office for approval or rejection.
(2) Any complaint that is not resolved through mediation or the mediation proposal is rejected by the Attorney General's Office shall be reviewed by the Attorney General's office as a contested case proceeding.
The party who submitted the complaint shall be the moving party for purposes of this proceeding.
(2) The Attorney General's Office, upon receipt of a mediation recommendation from the notification center, may approve or reject the mediation recommendation.
(3) If the notification center informs the Attorney General's Office that a mediation recommendation could not be reached or a mediation recommendation is rejected by the Attorney General's Office, the Attorney General's Office shall review the complaint and any additional information gathered by the notification center to determine whether there exists a prima facie case that a violation of this chapter has occurred.
If the Attorney General's Office determines that there exists a prima facie case that a violation of this chapter occurred, the Attorney General's Office shall inform the complainant who shall then be authorized to file an action seeking the imposition of a civil penalty.
Actions seeking the imposition of a civil penalty within the jurisdictional threshold of magistrate court pursuant to Section 22-3-10(3) may be brought in magistrate court.
All other actions shall be filed in circuit court.
If the Attorney General's Office determines that a prima facie case has not been established, the Attorney General's Office shall inform the complainant.
A determination that a prima facie case has not been established by the Attorney General's Office shall preclude the complainant from filing an action seeking the imposition of a civil penalty.
A determination that a prima facie case has not been established may be reviewed by the circuit court.
(4) Upon filing of an action pursuant to this section, the clerk of court shall forward a copy of the complaint to the notification center.
(5) In any action brought by a complainant seeking the imposition of penalties as authorized by this section, the complainant may seek penalties up to the statutory limit and may, during the litigation, resolve the action by a settlement within the statutory limits.
(6) An employee of the notification center who participated in the investigation of the complaint as provided in Sections 58-36-120(A)(1) and 58-36-50(L) may be called to testify in a proceeding brought to impose penalties pursuant to this section.
However, that person may not testify to settlement discussions that would be protected by Rule 408 of the S.C.
Rules of Evidence.
Amend the bill further, SECTION 1, by striking Section 58-36-120(B), (C), (D), (E), and (F) and inserting:
(B) The Office of the Attorney General shall have the authority to determine contested cases arising under this chapter.
In exercising its authority to determine such cases, the Attorney General's office must comply with the contested case provisions of the Administrative Procedures Act, Section 1-23-310 et seq.
The Attorney General's office may decide contested cases on written submissions by affected parties and may conduct hearings, if necessary, using remote communication methods to streamline the proceedings for efficiency.
(C) The Attorney General's office may promulgate regulations as needed to implement and administer the provisions of this section.
(D)(1)(B)(1) The Attorney General shall have the authority to levy and collect civil penalties for violations of this chapter.
Except as provided in item (B)(2), the Attorney General court may impose a finecivil penalty of up to $5,000 for each violation of this chapter.
(2) The Attorney Generalcourt may impose a finecivil penalty of up to $25,000 for each violation of the following:
Show all 54 changed lines (14 more)
(a) operators who do not join the association to operate the notification center as required in Section 58-36-50(B);
(b) persons or entities who damage an underground facility as a result of gross negligence in excavation or demolition;
(c) persons or entities who damage an underground facility and fail to promptly notify the notification center;
(d) persons or entities who damage an underground facility and take actions to conceal the damage;
(e) persons or entities who wilfully remove or otherwise destroy stakes or other physical markings used to mark the approximate location of underground facilities prior to the completion of the excavation or demolition unless that removal or destruction occurs after the excavation or demolition;
(f) persons or entities who intentionally violate requirements of this chapter.
(E)(C) 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, provisions of law with respect to civil remedies for personal injury or property damage.
(F)(D) All penalties recovered in any actions brought under this section shall be equally divided between paid into the State's General Fund and the Office of the Attorney General.
Renumber sections to conform.
Amend title to conform.
WILLIAM HERBKERSMAN for Committee.
_______ A bill TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 58-36-20, RELATING TO DEFINITIONS, SO AS TO ADD DEFINITIONS FOR "LARGE PROJECT," "NOTICE," "PRE-MARKING," "PRIVATE FACILITY," "PROJECT INITIATOR," AND "SOFT DIGGING" AND TO AMEND THE DEFINITIONS OF "EXCAVATE," "EXCAVATOR," AND "OPERATOR";
----XX---- This web page was last updated on FebruaryDecember 26,12, 20252024 at 08:4004:37 PM
Show all 54 changed rows (14 more)
View plain text versions (9)
Action History
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Act No. 65
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Effective date 05/22/26
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Signed By Governor
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Ratified R 93
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Roll call Yeas-110 Nays-0
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Concurred in Senate amendment and enrolled
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Scrivener's error corrected
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Roll call Ayes-45 Nays-0
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Read third time and returned to House with amendments
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Amended
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Read second time
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Committee Amendment Adopted
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Committee report: Favorable with amendment Judiciary
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Scrivener's error corrected
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Referred to Committee on Judiciary
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Introduced and read first time
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Read third time and sent to Senate
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Unanimous consent for third reading on next legislative day
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Roll call Yeas-112 Nays-0
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Read second time
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Amended
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Member(s) request name added as sponsor: B.Newton
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Committee report: Favorable with amendment Labor, Commerce and Industry
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Member(s) request name added as sponsor: Pedalino, Neese
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Member(s) request name added as sponsor: J.L.Johnson
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Member(s) request name added as sponsor: Guffey
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Referred to Committee on Labor, Commerce and Industry
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Introduced and read first time
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Referred to Committee on Labor, Commerce and Industry
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Prefiled
Sponsors
- Representative David R. Hiott · Primary
- Representative Brandon Guffey · Primary
- J.L. Johnson · Primary
- Representative Fawn M. Pedalino · Primary
- Representative Mike M. Neese · Primary
- Representative Brandon Newton · Primary
Sponsorship breakdown
Export CSV (upgrade) →6 sponsors · 0 co-sponsors · 164 not signed on
Co-sponsors (0)
None.
Not signed on (164)
164 members have not signed on to this bill.
Show all 164 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 106 | 0 | 0 | 12 |
| Republican | 2 | 0 | 0 | 0 |
| Democrat | 2 | 0 | 0 | 0 |
| Total | 110 | 0 | 0 | 12 |
| % of votes cast | 90% | 0% | 0% | 10% |
How each member voted (122)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 45 | 0 | 0 | 0 |
| Total | 45 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (45)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 108 | 0 | 0 | 10 |
| Republican | 2 | 0 | 0 | 0 |
| Democrat | 2 | 0 | 0 | 0 |
| Total | 112 | 0 | 0 | 10 |
| % of votes cast | 92% | 0% | 0% | 8% |
How each member voted (122)
Subjects
Frequently asked questions
- What does H 3571 do?
- AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 58-36-20, RELATING TO DEFINITIONS, SO AS TO ADD DEFINITIONS FOR "COMMENCEMENT DATE," "LARGE PROJECT," "LARGE PROJECT FACILITY LOCATION AGREEMENT," "NOTICE," "PRE-MARKING," "PRIVATE FACILITY," "PROJECT INITIATOR," AND "SOFT DIGGING," AND TO AMEND THE DEFINITIONS OF "EXCAVATE," "EXCAVATOR," AND "OPERATOR"; BY AMENDING SECTION 58-36-50, RELATING TO THE OPERATORS ASSOCIATION NOTIFICATION CENTER, SO AS TO CLARIFY OPERATOR PENALTY FOR FAILURE TO BE A MEMBER OF THE ASSOCIATION, THE NOTIFICATION CENTER'S DUTIES, AND OTHER CHANGES; BY AMENDING SECTION 58-36-60, RELATING TO NOTICES OF INTENT TO EXCAVATE OR DEMOLISH, SO AS TO CLARIFY CERTAIN NOTICE REQUIREMENTS, PROVIDE ADDITIONAL TIME FOR NOTICE FOR CERTAIN EXCAVATIONS OR DEMOLITIONS, AND OTHER CHANGES; BY AMENDING SECTION 58-36-70, RELATING TO INFORMATION SUPPLIED BY OPERATORS, SO AS TO REQUIRE NOTICE TO EXCAVATORS PRIOR TO THE COMMENCEMENT DATE, REQUIRE QUARTERLY REPORTS OF DAMAGES CAUSED BY EXCAVATIONS OR DEMOLITIONS, AND TO CLARIFY PAYMENTS OF CIVIL PENALTIES IN CERTAIN CIRCUMSTANCES; BY AMENDING SECTION 58-36-80, RELATING TO EMERGENCY EXCAVATIONS OR DEMOLITIONS EXEMPT FROM NOTICE REQUIREMENTS AND LIABILITY FOR DAMAGES, SO AS ESTABLISH ADDITIONAL NOTIFICATION AND RESPONSE REQUIREMENTS IN THE EVENT OF AN EMERGENCY AND TO MAKE A FALSE CLAIM OF AN EMERGENCY A VIOLATION OF THIS CHAPTER; BY AMENDING SECTION 58-36-90, RELATING TO NOTICES OF DAMAGES, SO AS TO REQUIRE EXCAVATORS TO IMMEDIATELY REPORT ANY KNOWN DAMAGES TO THE NOTIFICATION CENTER AND FACILITY OPERATOR; BY AMENDING SECTION 58-36-100, RELATING TO DESIGN REQUESTS AND OPERATOR RESPONSES, SO AS TO ADD REFERENCES TO LARGE PROJECTS; BY AMENDING SECTION 58-36-110, RELATING TO EXEMPTIONS FROM NOTICE REQUIREMENTS, SO AS TO STRIKE CURRENT PROVISIONS; BY AMENDING SECTION 58-36-120, RELATING TO PENALTIES AND CIVIL REMEDIES, SO AS TO PROVIDE FOR A COMPLAINT PROCESS AND TO PROVIDE FOR PENALTIES; AND BY ADDING SECTION 58-36-75 SO AS TO PROVIDE A PROCESS FOR LARGE PROJECTS. - RATIFIED TITLE
- Who sponsors H 3571?
- H 3571 is sponsored by Representative David R. Hiott, Representative Brandon Guffey, J.L. Johnson, Representative Fawn M. Pedalino, Representative Mike M. Neese, and Representative Brandon Newton.
- What is the current status of H 3571?
- This bill has been enacted into law. Introduced December 12, 2024. Enacted.
- Where can I track H 3571?
- Track H 3571 free on One Click Politics — get push/email alerts when it moves.
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