CHAPTER 317

95-H 5923

Effective Without the Governor's Signature Jul. 5, 1995.

AN ACT RELATING TO EXCAVATION NEAR UNDERGROUND UTILITY FACILITIES

It is enacted by the General Assembly as follows:

SECTION 1. Section 39-1.2-13 of the General Laws in Chapter 39-1.2 entitled "Public Utilities Commission" is hereby amended to read as follows:

{ADD 39-1.2-13. Penalties. -- ADD} Any person or utility who violates {DEL the DEL} {ADD any ADD} provision of sections 39-1.2-5 or 39-1.2-7 shall be subject to a {ADD civil ADD} penalty of two hundred dollars ($200) for the first offense and not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000) for any subsequent offense. {ADD The administrator of the division of public utilities shall assess the civil penalty against the person or utility who is determined to have committed the violation. ADD} All penalties recovered {DEL in any actions DEL} shall be paid into the general fund of the state. {DEL All actions brought pursuant to this section shall be brought by the attorney general. DEL} This chapter shall not be construed to affect any civil remedies for personal injury or property damage (including underground utilities), except as otherwise specifically provided for in this chapter.

SECTION 2. This act shall take effect upon passage.



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