The Committee on House, Labor, Commerce and Industry proposes the following amendment (LC-3571.HA0002H):

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:
   (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.