MS SB2148

Amends the definition of "excavate or excavation" to exclude routine railroad maintenance activities conducted within the track structure, drainage ditches, or within 30 feet of the outermost rail, when performed by railroad employees or contractors with reasonable care to protect underground facilities.

Applies the excavation exemption only to work performed by railroad employees or railroad contractors that is carried out with reasonable care to protect any underground facilities properly installed in the railroad right-of-way by agreement with the railroad.

Creates new Section 77-13-25 to preserve any contractual provisions between railroads and parties owning or operating underground facilities or utility lines within the railroad's right-of-way.

Takes effect July 1, 2014.