SB 487-1_ Filed 02/16/2009, 09:25 Charbonneau

SENATE MOTION


MADAM PRESIDENT:

    I move
that Senate Bill 487 be amended to read as follows:

SOURCE: Page 2, line 42; (09)MO048701.2. -->     Page 2, line 42, delete "pipelines and".
    Page 3, delete lines 19 through 22.
    Page 3, line 25, delete "11.6." and insert " 11.5.".
    Page 4, line 35, delete "association" and insert " person responsible for the excavation or demolition".
    Page 4, line 36, after "site" insert " of the proposed excavation or demolition to the association for inclusion".
    Page 6, line 12, strike "If the notice required by this section is by telephone,".
    Page 6, line 12, after "telephone," delete "the" and insert "The".
    Page 6, line 13, after "notice" insert " required by this section".
    Page 6, line 21, delete "pipeline or".
    Page 6, line 26, delete "is" and insert " may be".
    Page 6, line 35, delete "is" and insert " may be".
    Page 8, line 19, delete "7:00" and insert " 7".
    Page 8, line 20, delete "6:00" and insert " 6".
    Page 8, line 21, delete "6:00" and insert " 6".
    Page 8, line 22, delete "7:00" and insert " 7".
    Page 8, line 23, delete "7:00" and insert " 7".
    Page 8, line 26, reset in roman "in two (2)".
    Page 8, line 27, delete "not more than three (3)".
    Page 9, delete lines 41 through 42, begin a new paragraph and insert:
    " (f) This subsection applies if all of the following occur:
        (1) An operator of a pipeline facility is required to supply information, including facility locate markings, under subsection (a) to a person responsible for an excavation or demolition.
        (2) The operator of the pipeline facility fails to supply the information described in subdivision (1).
        (3) The operator's pipeline facility is damaged during the

excavation or demolition for which the operator was required to supply the information described in subdivision (1).
The operator of the pipeline facility may be subject to a civil penalty in an amount recommended by the advisory committee and approved by the commission, not to exceed one thousand dollars ($1,000).
".
    Page 10, delete lines 1 through 14.
    Page 10, line 22, delete "is" and insert " may be".
    Page 10, line 24, after "($10,000)." insert " This subsection does not apply to a person that moves, removes, damages, or otherwise alters a facility locate marking as part of the excavation or demolition for which the facility locate markings were supplied.".
    Page 11, line 3, delete "is" and insert " may be".
    Page 11, delete line 28.
    Page 11, line 29, delete "(2)" and insert " (1)".
    Page 11, line 30, delete "(3)" and insert " (2)".
    Page 11, line 30, delete "an underground" and insert " a pipeline".
    Page 11, line 32, delete "is" and insert " may be".
    Page 11, line 34, delete "one" and insert " ten".
    Page 11, line 34, delete "($1,000)." and insert " ($10,000).".
    Page 11, line 40, reset in roman "operator".
    Page 11, line 41, reset in roman "of the facility".
    Page 11, line 41, after "facility" insert " and the".
    Page 12, line 8, reset in roman "operator".
    Page 12, line 8, after "operator" insert " and the".
    Page 12, line 11, delete ", consistent with industry practice,".
    Page 13, line 5, delete "shall recommend" and insert " may do the following:
        (1) Require the person to participate in an education or training program.
        (2) Recommend
".
    Page 13, line 6, after "penalty" insert " for the violation".
    Page 13, line 6, beginning with "The" begin a new line blocked left.
    Page 13, between lines 8 and 9, begin a new paragraph and insert:
    " (h) The advisory committee shall develop and implement education and training programs for persons the advisory committee determines have violated this chapter. A program developed by the advisory committee under this subsection is subject to the review and approval of the commission.".


    Page 13, line 9, delete "(h)" and insert " (i)".
    Page 13, line 9, after "recommendation" insert " for a civil penalty".
    Renumber all SECTIONS consecutively.
    (Reference is to SB 487 as printed February 10, 2009.)

________________________________________

Senator CHARBONNEAU


MO048701/DI 103
2009