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MS SB2422

Bill

Status

Failed

3/5/2013

Primary Sponsor

Terry Burton

Click for details

Origin

Senate

2013 Regular Session

AI Summary

  • Expands definition of "excavation" to include routine road and railroad maintenance activities within rights-of-way, provided they occur within 18 inches of paved/graveled road surfaces and are conducted with reasonable care to protect underground facilities.

  • Requires excavators to mark proposed excavation boundaries with white stakes, flags, posts, or painted/chalked lines unless all affected operators agree otherwise, with exemption for municipalities and unincorporated areas under 3 acres.

  • Clarifies that civil remedies and penalties under the chapter are not exclusive and do not prevent civil actions for damages to underground facilities, including those from routine maintenance activities.

  • Creates Advisory Committee on 811 Enforcement subordinate to State Board of Contractors with representatives from telecommunications, utilities, excavators, locators, government entities, and other interested parties to assist in chapter enforcement.

  • Establishes tiered civil penalties: warning letter for first offense, mandatory training for second offense ($500 penalty for non-attendance), $811.11 for third offense, and $8,811.11 for fourth or subsequent offenses within same calendar year; creates Underground Utility Damage Prevention Special Fund from collected penalties for enforcement and public awareness programs.

Legislative Description

Regulation of excavations near underground utility facilities; revise.

Last Action

Died In Committee

3/5/2013

Committee Referrals

Public Utilities2/21/2013
Energy1/21/2013

Full Bill Text

No bill text available