HB 649/LM (BR 2111) - A. Webb-Edgington, L. Belcher, C. Hoffman, A. Koenig, M. Rader, A. Simpson, K. Upchurch
AN ACT relating to underground facility damage prevention.
Amend KRS 367.4903 to include various forms of excavation in definitions; include inability to restore interrupted utility service in definition of "emergency"; specify multimember protection notification center designated by the Public Service Commission as sole recipient of 811 dialed calls for excavator-operators to obtain information regarding approximate location of underground facilities; exclude penetration of existing grade from definition of "routine road maintenance"; amend KRS 367.4909 to conform; amend KRS 367.4911 to require excavators to cease excavation or demolition activities and immediately report any underground facility damage that results in the escape of any flammable, toxic, or corrosive gas or liquid to appropriate authorities via 911 emergency telephone number; amend KRS 367.4913 to conform; amend KRS 367.4915 to exempt emergency work by utility operators or utility subcontractors from requirements of KRS 367.4905 to 367.4917; amend KRS 367.4917 to provide for the issuance of a citation by any local or state peace officer or permitting agency employee; permit an agency with the power to issue a stop work order to require an excavator to cease work on any excavation or not start proposed excavation; increase operator fines for failure to comply with any provision of KRS 367.4909 to no more than three thousand dollars ($3,000) and reimbursement of costs associated with an agency's response of to or mitigation of violations; require all penalties recovered under such action be paid into the General Fund of the state, county, or city that issued the citation.
HB 649 - AMENDMENTS
HCS/LM - Retain original provisions, except to amend KRS 367.4903, the definition of "excavation"; amend KRS 367.4917 to retain current fines of $250 for the first offense, up to $1,000 for the second offense within one year, and up to $3,000 for the third or subsequent offenses; require that all fines recovered for violations shall be paid to the General Fund of the state, county, or city which issued the citation and indicate that if more than one government agency was involved, the fines shall be apportioned.
HFA (1, A. Webb-Edgington) - Retain original provisions except delete provision amending KRS 367.4911 to indemnify an excavator who complies with KRS 367.4903 to 367.4917 for the repair of damaged facilities if the damage is the result of another entity's failure to comply with KRS 367.4903 to 367.4917; delete amendment to KRS 367.4913; amend KRS 367.4917 to specify that a Kentucky State Police officer or other state or local police officer may issue a citation to a person's failure to comply.
HFA (2, A. Webb-Edgington) - Amend KRS 367.4911 to delete indemnification of an excavator who complies with KRS 367 from liability for repair of damaged underground facility or facilities under Section 6 of this Act if the damage is a result of another entity's failure to comply with KRS 367.4903 to 367.4917; delete Section 4 amending KRS 367.4913 in order to restore provisions that county clerks in the county where the operator has underground facilities record operator member's identities and emergency contact information and provide such information on request, that the actual cost of copying be paid by the requesting party, and that clerks shall assume no liability associated with receipt of such information from the protection notification center or for subsequent provision of this same information; delete Section 6 provisions amending KRS 367.4917 regarding power to issue citations for failure to comply with any provision of Section 3 of this Act; delete provision allowing an employee of a permitting agency with the power to issue a stop work order to require an excavator to cease work on any excavation or to stop or not to start a proposed excavation until Section 3 of this Act has been complied with; delete provision permitting a state peace officer to request the Attorney General to seek an injunction against an excavator violating provisions of Section 3 of KRS 367 and a local peace officer to request the city or county attorney to seek an injunction against an excavator violating any provision of Section 3 of the Act.
Feb 27-introduced in House
Feb 29-to Seniors, Military Affairs, & Public Safety (H)
Mar 3-posted in committee
Mar 5-reported favorably, 1st reading, to Calendar with Committee Substitute
Mar 6-2nd reading, to Rules
Mar 11-posted for passage in the Regular Orders of the Day for Wednesday, March 12, 2008
Mar 13-floor amendment (1) filed to Committee Substitute
Mar 14-3rd reading; Committee Substitute adopted; floor amendment (1) adopted ; returned to the Orders of the Day
Mar 18-floor amendment (2) filed to Committee Substitute
Mar 19-floor amendment (1) reconsidered (change PASSED status); floor amendment (1) withdrawn ; passed 93-2 with Committee Substitute, floor amendment (2)
Mar 20-received in Senate
Mar 25-taken from Committee on Committees (S); 1st reading; returned to Committee on Committees (S)
Mar 26-to Agriculture & Natural Resources (S)
Mar 27-reported favorably, 2nd reading, to Rules as a Consent Bill
Apr 2-posted for passage in the Consent Orders of the Day for April 2, 2008; 3rd reading, passed 38-0; received in House
Apr 14-enrolled, signed by Speaker of the House
Apr 15-enrolled, signed by President of the Senate; delivered to Governor
Apr 24-signed by Governor (Acts Ch. 180)