Amendment SSA2-SB64

SB64-SSA2, s. 21 Section 21. 182.0175 (2) (bm) of the statutes is created to read:

SB64-SSA2,7,13 182.0175 (2) (bm) Notice. An excavation notice shall include all of the following information:

SB64-SSA2,7,14 1. The name of the person providing notice.

SB64-SSA2,7,15 2. The name, address and telephone number of the excavator.

SB64-SSA2,7,18 3. The specific location and description of the excavation area, including the county, place, street address, nearest intersecting road, distance and direction from the nearest intersection and marking instructions.

SB64-SSA2,7,19 4. A description of the intended excavation activity.

SB64-SSA2,7,20 5. The intended starting date of the excavation.

SB64-SSA2, s. 22 Section 22. 182.0175 (2) (c) and (d) of the statutes are repealed.

SB64-SSA2, s. 23 Section 23. 182.0175 (2) (e) of the statutes is renumbered 182.0175 (2m) (b) and amended to read:

SB64-SSA2,8,13 182.0175 (2m) (b) (title) Facilities marking. Every A person owning transmission facilities, upon receipt of an excavation notice under par. (a) 3., shall mark in a reasonable manner the locations of transmission facilities in at the field so as area described in the notice to enable the person engaged in excavation or demolition excavator to locate the transmission facilities without endangering the security of such the facilities or the public. The marking of facilities shall be accomplished completed within 3 working days after receipt of the notice, except or if notice is given more than 10 days before the excavation or demolition is scheduled to begin, marking need not shall be accomplished more than completed at least 3 working days before excavation or demolition is scheduled to begin. If the approximate location of an underground a transmission facility is marked with paint, flags, stakes or other physical means, the following color coding of lines, cables or conduits shall be as follows except that color coding shall not be required for permanent markers required by state and federal codes comply with the uniform color code adopted by the American National Standards Institute:

SB64-SSA2,8,14 1. Electric power distribution and transmission: safety : red.

SB64-SSA2,8,17 2. Natural gas distribution and transmission, oil distribution and transmission and dangerous Gas, oil, steam, petroleum or gaseous materials products lines: high visibility safety: yellow.

SB64-SSA2,8,20 3. Telecommunications and telegraph systems Communications, cable television and police and fire communications: safety alert or alarm or signal systems: orange.

SB64-SSA2,8,21 4. Water, irrigation or slurry systems: safety precaution blue.

SB64-SSA2,8,22 5. Sewer or drain systems: safety green.

SB64-SSA2, s. 24 Section 24. 182.0175 (2) (f) of the statutes is renumbered 182.0175 (2m) (c) and amended to read:

SB64-SSA2,9,15 182.0175 (2m) (c) (title) Facilities inspection and repair. Every person owning transmission facilities who receives a notice under par. (a) 6., (c) or (d) of possible damage shall inspect the facilities for damage within 24 6 hours after receipt of the notice if there is risk of personal injury or loss of life or within 24 hours after receipt of the notice if there is not a risk of personal injury or loss of life and shall repair any damage found as soon as practicable. Unless the owner of any transmission facility is notified pursuant to par. (a) 6., (c) or (d) or has knowledge of frequent damage to transmission facilities by a person doing emergency or nonemergency excavation or demolition, such an excavator, the owner shall is not be responsible for or be required to make an inspection of its transmission facilities, nor shall the owner, in the absence of such notification or knowledge, be responsible for supervising in any manner the excavation or demolition work. Upon the giving of notice pursuant to par. (a) 6., (c) or (d) the person performing the demolition or excavation shall refrain from backfilling until an inspection and any necessary repairs are made by the owner of the transmission facilities.

SB64-SSA2, s. 25 Section 25. 182.0175 (2m) (title) and (a) of the statutes are created to read:

SB64-SSA2,9,18 182.0175 (2m) (title) Transmission facilities owner requirements. (a) Responsibilities. A transmission facilities owner shall do all of the following:

SB64-SSA2,9,21 1. Respond to a planning notice within 10 days after receipt of the notice by conducting field markings, providing records and taking other appropriate responses.

SB64-SSA2,9,24 2. Respond to an excavation notice within 3 working days by marking the location of transmission facilities as provided under par. (b) in the area described in the excavation notice.

SB64-SSA2,10,2 3. Provide emergency locater service within 24 hours after receiving a request for that service.

SB64-SSA2, s. 26 Section 26. 182.0175 (2m) (b) 6. and 7. of the statutes are created to read:

SB64-SSA2,10,4 182.0175 (2m) (b) 6. Temporary survey markings: pink.

SB64-SSA2,10,5 7. Proposed excavation: white.

SB64-SSA2, s. 27 Section 27. 182.0175 (3) of the statutes is renumbered 182.0175 (3) (a) and amended to read:

SB64-SSA2,10,14 182.0175 (3) (a) (title) Forfeitures. Any person who wilfully and knowingly fails to comply with violates this section, except sub. (2) (e), shall may be required to forfeit $1,000 $2,000 for each such failure, provided that if the failure to comply results in damage to any transmission facility, the forfeiture shall be $2,000 offense. Each day that failure to comply persists is of continued violation constitutes a separate offense. All actions to recover penalties under this section shall be brought in circuit court by the district attorney.

SB64-SSA2, s. 28 Section 28. 182.0175 (3) (b) of the statutes is created to read:

SB64-SSA2,10,20 182.0175 (3) (b) Misdemeanor. Whoever intentionally removes, moves or obliterates a transmission facilities marking placed by the transmission facilities owner may be fined not more than $500 or imprisoned for not more than 30 days or both. This paragraph does not apply to an excavator who removes or obliterates markings during an excavation.

SB64-SSA2, s. 29 Section 29. 182.0175 (4) of the statutes is amended to read:

SB64-SSA2,10,24 182.0175 (4) Right of action. This section shall not release or waive or otherwise affect any right of action, forfeiture or penalty which the this state or any person has or may have.

SB64-SSA2, s. 30 Section 30. 182.0175 (5) of the statutes is amended to read:

SB64-SSA2,11,12 182.0175 (5) Right to injunction. If any person engages in or is likely to engage in excavation or demolition contrary to the provisions of inconsistent with this section, and which results or is likely to result in damage to transmission facilities, the person who owns or operates such the facilities may seek injunctive relief in the circuit court for Dane the county or in any other court of competent jurisdiction in which the transmission facilities are located. If the transmission facilities are owned or operated by a public utility as defined in s. 196.01 (5), including a telecommunications carrier, as defined in s. 196.01 (8m), and the public utility does not seek injunctive relief, the attorney general, upon request of the public service commission, shall seek injunctive relief in the circuit court for Dane the county or in any other court of competent jurisdiction in which the transmission facilities are located.

SB64-SSA2, s. 31 Section 31. Initial applicability.

SB64-SSA2,11,14 (1) This act first applies to notices given on the effective date of this subsection.

SB64-SSA2, s. 32 Section 32. Effective date.

SB64-SSA2,11,17 (1) This act takes effect on the first day of the 12th month beginning after publication.

SB64-SSA2,11,18 (End)