1|ENGROSSED HOUSE | |BILL NO. 1644 By: Rousselot of the House | 2| | | and | 3| | | Garrison of the Senate | 4| | | | 5| | | | 6| | | | 7| An Act relating to public health and safety; amending | | 63 O.S. 2001, Sections 142.2, as last amended by | 8| Section 1, Chapter 427, O.S.L. 2004, 142.3, as | | amended by Section 2, Chapter 362, O.S.L. 2003, | 9| 142.9, 142.9a, as last amended by Section 6, Chapter | | 362, O.S.L. 2003 and 142.11, as amended by Section 8, | 10| Chapter 362, O.S.L. 2003 (63 O.S. Supp. 2008, | | Sections 142.2, 142.3, 142.9a and 142.11), which | 11| relate to the Oklahoma Underground Facilities Damage | | Prevention Act; adding a definition; deleting certain | 12| exemption for municipalities; deleting certain option | | for municipalities; requiring an excavator to report | 13| damages within certain time period; requiring act to | | apply to all excavators operating in the state; | 14| providing penalties for violation of the act; | | providing penalties for intentional violation of the | 15| act; making each violation a separate offense; | | setting time limitation for imposing penalties; | 16| authorizing the Corporation Commission to reduce any | | penalties upon certain actions by the excavator; | 17| setting conditions; allowing the Attorney General to | | bring an action to collect penalties; providing for | 18| deposit of penalties; limiting authority of the | | Commission to seek penalties; authorizing the | 19| Commission to investigate complaints of violations; | | directing the Commission to establish an enforcement | 20| committee; providing for membership, meetings, and | | duties of the committee; providing for formal hearing | 21| proceeding; deleting certain exemption for public | | agencies; requiring public agencies to make certain | 22| notification for certain projects; creating the | | Oklahoma Underground Facilities Damage Prevention | 23| Training Revolving Fund; making fund continuing; | | stating source of funding; providing for budgeting | 24| and expenditure; stating purpose; requiring claims to | | be filed in certain manner; amending 17 O.S. 2001, | arsid2821793 ENGR. H. B. NO. 1644 Page 1 ___________________________________________________________________________
1| Section 180.11, which relates to the assessment upon | | public utilities; expanding the use of the assessment | 2| on public utilities; requiring credit of certain | | portion of monies to the Pipeline Safety Department | 3| for certain purposes; directing the Legislature to | | establish certain budgetary limits; repealing Section | 4| 9, Chapter 362, O.S.L. 2003 (63 O.S. Supp. 2008, | | Section 142.12), which relates to authorization to | 5| elect to participate in the one-call notification | | center; providing for codification; providing an | 6| effective date; and declaring an emergency. | | | 7| | | | 8| | | | 9|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | | | 10| SECTION 1. AMENDATORY 63 O.S. 2001, Section 142.2, as | | | 11|last amended by Section 1, Chapter 427, O.S.L. 2004 (63 O.S. Supp. | | | 12|2008, Section 142.2), is amended to read as follows: | | | 13| Section 142.2 As used in the Oklahoma Underground Facilities | | | 14|Damage Prevention Act: | | | 15| 1. "Certified project" means a project where the public agency | | | 16|responsible for the public project, as part of its procedure, | | | 17|certifies that the project right-of-way is free and clear of | | | 18|underground facilities or wherein the public agency responsible for | | | 19|such project, as part of its procedure, notifies all persons | | | 20|determined by the public agency to have underground facilities | | | 21|located within the construction right-of-way and certifies that all | | | 22|known underground facilities are duly located or noted on the | | | 23|engineering drawings for the project; | | | 24| 2. "Commission" means the Corporation Commission; | | | arsid2821793 ENGR. H. B. NO. 1644 Page 2 ___________________________________________________________________________
1| 3. "Damage" means any impact upon or removal of support from an | | | 2|underground facility as a result of explosion, excavation or | | | 3|demolition which according to the operating practices of the | | | 4|operator of the underground facilities would necessitate the repair | | | 5|thereof; | | | 6|3.4. "Demolish" means to wreck, raze, render, move or remove a | | | 7|structure by means of any equipment or explosive; | | | 8|4.5. "Demolition" means the act or operation of demolishing a | | | 9|structure; | | | 10|5.6. "Excavate" means to dig, compress or remove earth, rock | | | 11|or other materials in or on the ground by use of mechanized | | | 12|equipment or blasting, including, but not necessarily limited to, | | | 13|augering, boring, backfilling, drilling, grading, pile driving, | | | 14|plowing in, pulling in, trenching, tunneling and plowing; provided, | | | 15|however, that neither: | | | 16| a. the moving of earth by tools manipulated only by human | | | 17| or animal power, nor | | | 18| b. any form of cultivation for agricultural purposes, nor | | | 19| any augering, dozing by noncommercial dozer operators | | | 20| or digging for postholes, farm ponds, land clearing or | | | 21| other normal agricultural purposes, nor | | | 22| c. routine maintenance, nor | | | 23| d. work by a public agency or its contractors on a | | | 24| preengineered project, nor | | | arsid2821793 ENGR. H. B. NO. 1644 Page 3 ___________________________________________________________________________
1| e. work on a certified project, nor | | | 2| f. work on a permitted project, nor | | | 3| g. the opening of a grave in a cemetery, nor | | | 4| h. a solid waste disposal site which is a preengineered | | | 5| project, nor | | | 6| i. any individual excavating on his own property and who | | | 7| is not in the excavating business for hire, | | | 8|shall be deemed excavation; | | | 9|6.7. "Excavation" means the act or operation of excavating; | | | 10|7.8. "Excavator" means a person or public agency that intends | | | 11|to excavate or demolish within the State of Oklahoma; | | | 12|8.9. "Notification center" means the statewide center | | | 13|currently known as the Oklahoma One-Call System, Inc., which has as | | | 14|one of its purposes to receive notification of planned excavation | | | 15|and demolition in a specified area from excavators, and to | | | 16|disseminate such notification of planned excavation or demolition to | | | 17|operators who are members and participants; | | | 18|9.10. "Operator" shall mean and include any person or public | | | 19|agency owning or operating underground facilities; | | | 20|10.11. "Permitted project" means a project where a permit for | | | 21|the work to be performed must be issued by a state or federal agency | | | 22|and, as a prerequisite to receiving such permit, the applicant must | | | 23|locate all underground facilities in the area of the work and in the | | | 24| | | | arsid2821793 ENGR. H. B. NO. 1644 Page 4 ___________________________________________________________________________
1|vicinity of any blasting and notify each owner of such underground | | | 2|facilities; | | | 3|11.12. "Person" includes any individual, partnership, | | | 4|corporation, association, cooperative, trust or other entity, | | | 5|including a person engaged as a contractor by a public agency, but | | | 6|not including a public agency; | | | 7|12.13. "Preengineered project" means a public project wherein | | | 8|the public agency responsible for such project, as part of its | | | 9|engineering and contract procedures, holds a meeting prior to the | | | 10|commencement of any construction work on such project in which all | | | 11|persons, determined by the public agency to have underground | | | 12|facilities located within the construction area of the project, are | | | 13|invited to attend and given an opportunity to verify or inform the | | | 14|public agency of the location of their underground facilities, if | | | 15|any, within the construction area and where the location of all | | | 16|known underground facilities are duly located or noted on the | | | 17|engineering drawing and specifications for the project; | | | 18|13.14. "Public agency" means the state or any board, | | | 19|commission or agency of the state, and any city, town, county, | | | 20|subdivision thereof or other governmental entity; | | | 21|14.15. "Routine maintenance" means the grading of roads and | | | 22|barrow or drainage ditches, the removal and replacement of pavement, | | | 23|including excavation relating thereto and the installation and | | | 24|maintenance of drainage and bridge facilities, signs, guardrails, | | | arsid2821793 ENGR. H. B. NO. 1644 Page 5 ___________________________________________________________________________
1|and electrical and communications facilities in or on the public | | | 2|rights-of-way by a public agency; and | | | 3|15.16. "Underground facility" means any underground line, | | | 4|cable, facility, system and appurtenances thereto, for producing, | | | 5|storing, conveying, transmitting or distributing communication | | | 6|(including voice, video, or data information), electricity, power, | | | 7|light, heat, refined petroleum products, water (including storm | | | 8|water), steam, sewage and other commodities. Underground facilities | | | 9|shall also mean oil and natural gas pipelines that are subject to | | | 10|the Hazardous Liquid Transportation System Safety Act and natural | | | 11|gas pipelines subject to the jurisdiction of theOklahoma| | | 12|Corporation Commission Pipeline Safety Department, and any oil and | | | 13|gas pipeline located in a public right-of-way. | | | 14| SECTION 2. AMENDATORY 63 O.S. 2001, Section 142.3, as | | | 15|amended by Section 2, Chapter 362, O.S.L. 2003 (63 O.S. Supp. 2008, | | | 16|Section 142.3), is amended to read as follows: | | | 17| Section 142.3Except for a municipality, allAll operators of | | | 18|underground facilities shall participate in the statewide one-call | | | 19|notification center and shall have on file with the notification | | | 20|center a notice that such operator has underground facilities, the | | | 21|county or counties where such facilities are located, and the | | | 22|address and telephone number of the person or persons from whom | | | 23|information about such underground facilities may be obtained.A| | | 24|municipality may, at its discretion, participate in the statewide| | | arsid2821793 ENGR. H. B. NO. 1644 Page 6 ___________________________________________________________________________
1|one-call notification center as provided for in this section or may| | | 2|provide information concerning the underground facilities of the| | | 3|municipality as provided for in Section 9 of this act.| | | 4| SECTION 3. AMENDATORY 63 O.S. 2001, Section 142.9, is | | | 5|amended to read as follows: | | | 6| Section 142.9 A. When any damage occurs to an underground | | | 7|facility or its protective covering, the operatorthereofof the | | | 8|facility shall be notified immediately by the excavator who caused | | | 9|the damage. In addition, within forty-eight (48) hours after the | | | 10|damage occurred, the excavator shall report the incident to the | | | 11|one-call notification center. The notification center shall keep a | | | 12|record of all reported incidents. | | | 13| B. Upon receiving notice ofsuchdamage, the operator shall | | | 14|promptly dispatch personnel to the location to effect temporary or | | | 15|permanent repairs. | | | 16| C. Should damage occur that endangers life, health or property, | | | 17|the excavator responsible for the work shall keep all sources of | | | 18|ignition away from the damaged area and shall take immediate action | | | 19|to protect the public and property and to minimize the hazard until | | | 20|arrival of the operator's personnel or until the appropriate police | | | 21|or fire officials shall have arrived and taken charge of the damaged | | | 22|area. | | | 23| D. An excavator shall delay any backfilling in the immediate | | | 24|area of the damaged underground facilities until the damage has been | | | arsid2821793 ENGR. H. B. NO. 1644 Page 7 ___________________________________________________________________________
1|repaired, unless the operator authorizes otherwise. The repair of | | | 2|suchdamage must be performed by the operator or by qualified | | | 3|personnel authorized by the operator. | | | 4| SECTION 4. AMENDATORY 63 O.S. 2001, Section 142.9a, as | | | 5|last amended by Section 6, Chapter 362, O.S.L. 2003 (63 O.S. Supp. | | | 6|2008, Section 142.9a), is amended to read as follows: | | | 7| Section 142.9a A. All excavators operating in the state shall | | | 8|be subject to all of the provisions of the Oklahoma Underground | | | 9|Facilities Damage Prevention Act. | | | 10| B. Any excavator, except for a public agencywho fails to | | | 11|comply with the Oklahoma Underground Facilities Damage Prevention | | | 12|Act and who damages an underground facility owned or operated by a | | | 13|nonprofit rural water corporation organized pursuant to Section 863 | | | 14|of Title 18 of the Oklahoma Statutes or a rural water district | | | 15|organized pursuant to the Rural Water, Sewer, Gas, and Solid Waste | | | 16|Management Districts Act, shall be liable for the underground damage | | | 17|to and responsible for the repair of such facilities. Any new | | | 18|underground facilities installed on and after September 1, 1992, | | | 19|shall contain materials capable of being detected so that the | | | 20|facilities can be accurately located. | | | 21|B.C. Any excavator who damages or cuts an underground | | | 22|facility, as a result of negligently failing to comply with the | | | 23|provisions of the Oklahoma Underground Facilities Damage Prevention | | | 24|Act or as a result of failing to take measures for the protection of | | | arsid2821793 ENGR. H. B. NO. 1644 Page 8 ___________________________________________________________________________
1|an underground facility shall be liable to the operator of the | | | 2|underground facility for the repair of the damaged underground | | | 3|facility. | | | 4|C.Except for public agencies, anyD. Any excavator who by | | | 5|willful act or by reckless disregard of the rights of others, | | | 6|repeatedly violates the provisions of the Oklahoma Underground | | | 7|Facilities Damage Prevention Act and repeatedly damages underground | | | 8|facilities, thereby threatening the public health, safety, and | | | 9|welfare, may be enjoined by a court of competent jurisdiction from | | | 10|further excavation. | | | 11| E. 1. Except as otherwise provided for in paragraph 2 of this | | | 12|subsection, and in addition to all other penalties provided by law, | | | 13|any excavator found to have violated any provision of the Oklahoma | | | 14|Underground Facilities Damage Prevention Act which results in damage | | | 15|to underground facilities shall be subject to a penalty of not more | | | 16|than One Thousand Dollars ($1,000.000) for the first violation and | | | 17|not more than Five Thousand Dollars ($5,000.00) for each subsequent | | | 18|violation. | | | 19| 2. In addition to all other penalties provided by law, any | | | 20|excavator who intentionally violates or who intentionally procures, | | | 21|aids or abets in the violation of any provision of the Oklahoma | | | 22|Underground Facilities Damage Prevention Act shall be subject to a | | | 23|penalty of not more than Five Thousand Dollars ($5,000.00) for the | | | 24| | | | arsid2821793 ENGR. H. B. NO. 1644 Page 9 ___________________________________________________________________________
1|first violation and not more than Ten Thousand Dollars ($10,000.00) | | | 2|for each subsequent violation. | | | 3| 3. Each violation of any provision of the Oklahoma Underground | | | 4|Facilities Damage Prevention Act shall be a separate offense. In | | | 5|the case of a continuing violation, each day that the violation | | | 6|continues shall constitute a separate violation. | | | 7| 4. Penalties provided for pursuant to this subsection shall not | | | 8|be imposed except by order of the Corporation Commission. A | | | 9|complaint must be filed within two (2) years following the date of | | | 10|the violation. | | | 11| 5. The Commission may reduce any penalty provided in this | | | 12|section on any terms the Commission considers proper if the | | | 13|excavator: | | | 14| a. admits to the violation or violations alleged in the | | | 15| complaint and makes a timely request for reduction of | | | 16| the penalty or the defendant submits to the Commission | | | 17| a written request for reduction of the penalty within | | | 18| fifteen (15) days from the date of the penalty order, | | | 19| and | | | 20| b. participates in training on the excavation laws | | | 21| offered or approved by the Commission. | | | 22| The Commission may hold the reduced portion of the penalty in | | | 23|abeyance and if the excavator complies with the provisions of this | | | 24|paragraph and can demonstrate that for a period of at least twelve | | | arsid2821793 ENGR. H. B. NO. 1644 Page 10 ___________________________________________________________________________
1|(12) months from the date of the last violation that the excavator | | | 2|has not been in violation of the act, the Commission may waive that | | | 3|portion of the penalty. | | | 4| 6. If the amount of the penalty is not paid to the Commission, | | | 5|the Attorney General, at the request of the Commission, shall bring | | | 6|an action in the name of the state in district court to recover the | | | 7|penalty. The action shall not be commenced until after the time has | | | 8|expired for an appeal from the findings, conclusions and order of | | | 9|the Commission. | | | 10| 7. Notwithstanding any other provision of law, all penalties | | | 11|recovered pursuant to this subsection shall be deposited in the | | | 12|Oklahoma Underground Facilities Damage Prevention Training Revolving | | | 13|Fund established pursuant to Section 6 of this act. | | | 14| 8. The Commission shall not seek penalties under this | | | 15|subsection except in response to a complaint alleging a violation of | | | 16|an Oklahoma Underground Facilities Damages Prevention Act filed with | | | 17|the one-call notification center. The Commission may investigate | | | 18|any complaint, and the Commission shall have sole discretion to seek | | | 19|penalties under this subsection. | | | 20| 9. The Commission shall establish an enforcement committee that | | | 21|shall provide an informal process for all parties involved in the | | | 22|complaint to discuss the issues. The enforcement committee shall be | | | 23|composed of one representative from each of the following: | | | 24| a. the one-call notification center board of directors, | | | arsid2821793 ENGR. H. B. NO. 1644 Page 11 ___________________________________________________________________________
1| | | | 2| b. the pipeline industry, | | | 3| c. the utility industry, | | | 4| d. the telecommunications industry, | | | 5| e. a municipality with underground facilities, and | | | 6| f. a county commissioner. | | | 7| The enforcement committee shall meet as needed to address | | | 8|complaints. After reviewing a complaint, the enforcement committee | | | 9|shall report their findings and recommendations to the Commission. | | | 10|The recommendations of the enforcement committee shall be advisory | | | 11|only and not binding on the Commission. | | | 12| 10. If resolution of a complaint cannot be reached through the | | | 13|procedures set forth in paragraphs 8 and 9 of this subsection, the | | | 14|complaint shall proceed to formal hearing before the Commission. | | | 15| SECTION 5. AMENDATORY 63 O.S. 2001, Section 142.11, as | | | 16|amended by Section 8, Chapter 362, O.S.L. 2003 (63 O.S. Supp. 2008, | | | 17|Section 142.11), is amended to read as follows: | | | 18| Section 142.11 Notwithstanding anything which may be contained | | | 19|in this act to the contrary, public agencies and their contractors | | | 20|engaged in work within the public right-of-way which work is a | | | 21|preengineered project, certified project or routine maintenance | | | 22|shallbe exempt from the provisions of this act. Provided, a public| | | 23|agency contractor, prior to engaging in work on such a project or | | | 24|routine maintenance,shalltake reasonable steps to determine the | | | arsid2821793 ENGR. H. B. NO. 1644 Page 12 ___________________________________________________________________________
1|location of underground facilities in or near the proposed area of | | | 2|work. Reasonable stepsmayshall include utilization of the | | | 3|statewide one-call notification center procedures as provided for in | | | 4|Section 142.6 of this title at least forty-eight (48) hours prior to | | | 5|engaging in the work. | | | 6| SECTION 6. NEW LAW A new section of law to be codified | | | 7|in the Oklahoma Statutes as Section 180.12 of Title 17, unless there | | | 8|is created a duplication in numbering, reads as follows: | | | 9| There is hereby created in the State Treasury a revolving fund | | | 10|for the Corporation Commission to be designated the "Oklahoma | | | 11|Underground Facilities Damage Prevention Training Revolving Fund". | | | 12|The fund shall be a continuing fund, not subject to fiscal year | | | 13|limitations, and shall consist of all monies received by the | | | 14|Commission from penalties collected as provided for in Section | | | 15|142.9a of Title 63 of the Oklahoma Statutes. All monies accruing to | | | 16|the credit of said fund are hereby appropriated and may be budgeted | | | 17|and expended by the Commission for the purpose of providing training | | | 18|to excavators found in violation of the Oklahoma Underground | | | 19|Facilities Damage Prevention Act. Expenditures from said fund shall | | | 20|be made upon warrants issued by the State Treasurer against claims | | | 21|filed as prescribed by law with the Director of State Finance for | | | 22|approval and payment. | | | 23| SECTION 7. AMENDATORY 17 O.S. 2001, Section 180.11, is | | | 24|amended to read as follows: | | | arsid2821793 ENGR. H. B. NO. 1644 Page 13 ___________________________________________________________________________
1| Section 180.11 A. The Corporation Commission is hereby | | | 2|authorized to assess a fee upon each public utility to provide | | | 3|adequate funding to the Public Utility Division of theOklahoma| | | 4|Corporation Commission for the regulation of public utilities in | | | 5|this state and for providing for timely and expeditious reviews and | | | 6|completion of rate cases,andproviding increased responsiveness to | | | 7|the needs of consumers and the regulated community, and to provide | | | 8|adequate funding to the Pipeline Safety Department of the | | | 9|Corporation Commission to investigate complaints of violations of | | | 10|the Oklahoma Underground Facilities Damage Prevention Act. | | | 11| B. 1. The assessment authorized by this section may, after | | | 12|excluding the amount allocated to interexchange telecommunications | | | 13|companies, resellers, pay phone service providers and operator | | | 14|service providers in paragraph 2 of this subsection, be borne by the | | | 15|affected public utilities as follows: | | | 16| a. one-half (1/2) shall be allocated based on that | | | 17| proportion which the total regulated Oklahoma | | | 18| jurisdictional gross operating revenues of each public | | | 19| utility bear to the total regulated Oklahoma | | | 20| jurisdictional gross operating revenues of all public | | | 21| utilities, and | | | 22| b. one-half (1/2) shall be allocated based on that | | | 23| proportion which the total number of regulated | | | 24| Oklahoma jurisdictional customers of each public | | | arsid2821793 ENGR. H. B. NO. 1644 Page 14 ___________________________________________________________________________
1| utility bears to the total number of regulated | | | 2| Oklahoma jurisdictional customers of all public | | | 3| utilities. | | | 4| 2. For interexchange telecommunications companies, resellers, | | | 5|pay phone service providers and operator service providers, the | | | 6|allocation may be based on the total regulated Oklahoma | | | 7|jurisdictional gross operating revenues that each interexchange | | | 8|telecommunications company, reseller or operator service provider | | | 9|bears in proportion to the total regulated Oklahoma jurisdictional | | | 10|gross operating revenue of all public utilities as applied to the | | | 11|total amount of the assessment to be collected from all public | | | 12|utilities for each year. | | | 13| C. Any assessment levied pursuant to this section shall be | | | 14|recoverable as an operating expense to the public utility and shall | | | 15|be included in a utility's base rates or basic monthly service | | | 16|charge. The Corporation Commission shall take such action necessary | | | 17|to ensure recovery of the assessment by a public utility during the | | | 18|period for which it is levied. | | | 19| D. The Corporation Commission may provide that each public | | | 20|utility shall pay any assessment levied pursuant to this section on | | | 21|a quarterly basis. Notice of the annual assessment shall be sent by | | | 22|certified mail, return receipt requested, to each public utility. | | | 23|Each public utility shall pay the amount assessed to the Commission | | | 24|for deposit to the Public Utility Regulation Revolving Fund created | | | arsid2821793 ENGR. H. B. NO. 1644 Page 15 ___________________________________________________________________________
1|in subsection E of this section. A public utility may, at its | | | 2|discretion, pay its annual assessment prior to the due date of the | | | 3|quarterly payments. | | | 4| E. Any assessment collected by the Commission pursuant to this | | | 5|section shall be deposited in the Public Utility Regulation | | | 6|Revolving Fund hereby created. The fund shall be a continuing fund | | | 7|not subject to fiscal year limitations and shall consist of the | | | 8|monies received by the Commission from any assessment levied | | | 9|pursuant to the provisions of this section. All monies accruing to | | | 10|the credit of the fund are hereby appropriated and may be budgeted | | | 11|and expended by the Commission to pay the costs, both direct and | | | 12|indirect, of the Public Utilities Division incurred to regulate | | | 13|public utilities. A portion of monies accruing to the credit of the | | | 14|fund shall be transferred to the Pipeline Safety Department and used | | | 15|to investigate violations of the Oklahoma Underground Facilitates | | | 16|Damage Prevention Act. Expenditures from said fund shall be made | | | 17|upon warrants issued by the State Treasurer against claims filed as | | | 18|prescribed by law with the Director of State Finance for approval | | | 19|and payment. | | | 20| F. The Legislature shall establish budgetary limits for the | | | 21|Public Utility Division of the Corporation Commission and the | | | 22|Pipeline Safety Department of the Corporation Commission for | | | 23|purposes of investigating violations of the Oklahoma Underground | | | 24|Facilities Damage Prevention Act. Any assessment levied pursuant to | | | arsid2821793 ENGR. H. B. NO. 1644 Page 16 ___________________________________________________________________________
1|this section shall not exceed the amount of the budgetary limits and | | | 2|indirect costs for related support functions established by the | | | 3|Legislature for any fiscal year. | | | 4| G. For purposes of this section, "public utility" means: | | | 5| 1. A public utility as defined by Section 151 ofTitle 17 of| | | 6|the Oklahoma Statutesthis title, excluding those companies | | | 7|encompassed by paragraph (d) of Section 151 ofTitle 17 of the| | | 8|Oklahoma Statutesthis title; | | | 9| 2. Any telephone or telecommunications company subject to | | | 10|Section 131 et seq. ofTitle 17 of the Oklahoma Statutesthis title, | | | 11|including interexchange telecommunications companies or such other | | | 12|telecommunications companies as defined by OCC Rule OAC 165:55-1-4, | | | 13|resellers as defined by OCC Rule OAC 165:56-1-4 and operator service | | | 14|providers as defined by OCC Rule OAC 165:57-1-4; and | | | 15| 3. Any association or cooperative corporation doing business | | | 16|under the Rural Electric Cooperative Act except for generation and | | | 17|transmission associations or cooperative corporations, or | | | 18|transmission associations or cooperative corporations. | | | 19| H. It is the intention of the Legislature that this entire | | | 20|section is an amendment to and alteration of Sections 18 through 34, | | | 21|inclusive, of Article IX of the Constitution of the State of | | | 22|Oklahoma, as authorized by Section 35 of Article IX of said | | | 23|Constitution. | | | 24| | | | arsid2821793 ENGR. H. B. NO. 1644 Page 17 ___________________________________________________________________________
1| SECTION 8. REPEALER Section 9, Chapter 362, O.S.L. 2003 | | | 2|(63 O.S. Supp. 2008, Section 142.12), is hereby repealed. | | | 3| SECTION 9. This act shall become effective July 1, 2009. | | | 4| SECTION 10. It being immediately necessary for the preservation | | | 5|of the public peace, health and safety, an emergency is hereby | | | 6|declared to exist, by reason whereof this act shall take effect and | | | 7|be in full force from and after its passage and approval. | | | 8| Passed the House of Representatives the 24th day of February, | | | 9|2009. | | | 10| | | | 11| | | | 12| Presiding Officer of the House of | | Representatives | 13| | | | 14| Passed the Senate the ____ day of __________, 2009. | | | 15| | | | 16| | | | 17| Presiding Officer of the Senate | | | 18| | | | 19| | | | 20| | | | 21| | | | 22| | | | 23| | | | 24| | | | arsid2821793 ENGR. H. B. NO. 1644 Page 18©2008-09 eCapitol, LLC. All rights reserved.
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