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ENGROSSED SENATE
BILL NO. 535 By: Bergstrom of the Senate
and
Lepak of the House
An Act relating to the Corporation Commission;
amending 17 O.S. 2011, Section 6.1, as amended by
Section 1, Chapter 185, O.S.L. 2016 (17 O.S. Supp.
2020, Section 6.1), which relates to pipeline safety ;
increasing maximum daily and administrative penalty
amount; updating statutory language; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF T HE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 17 O.S. 2011, Section 6.1, as
amended by Section 1, Chapter 185, O.S.L. 2016 (17 O.S. Supp. 2020,
Section 6.1), is amended to read as follows:
A. Any person who has been determined by t he Commission to have
violated any provisi on of any rule, regulation, or order issued
pursuant to the provision s of the Commission related to pipeline
safety shall be liable for a civil penalty of not mor e than One
Hundred Thousand Dollars ($100,000.00) Two Hundred Thousand Dollars
($200,000.00) for each day that said the violation continues. The
maximum civil penalty shall not exceed One Million Dollars
($1,000,000.00) Two Million Dollars ($2,000,000 .00) for any related
series of violations.
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B. The amount of the penalty shall be assessed by the
Commission pursuant to the provisions of subsection A of this
section, after notice and hearing. In determining the amount of the
penalty, the Commissi on shall include but n ot be limited to
consideration of the na ture, circumstances, and gravity of the
violation and, with respect to the person found to have committed
the violation, the degree of culpability, the effect on ability of
the person to continu e to do business, and any show of good faith in
attempting to achieve compliance with the provisions of the rules
and regulations of the Commission.
All penalties collected pursuant to the provisions of this
section shall be deposited into the Pipeline Enf orcement Fund.
C. Any person who willfully and knowingly inju res or destroys,
or attempts to injure or destroy, any pipeline transportation
system, upon conviction, shall be guilty of a felony and shall be
subject for each offense to a fine of not more th an Twenty-five
Thousand Dollars ($25,000.00) or imprisonment f or a term not to
exceed fifteen (15) years or both such fine and imprisonment.
SECTION 2. This act shall become effective November 1, 2021.
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Passed the Senate the 9th day of March, 2021.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __ ________,
2021.
Presiding Officer of the House
of Representatives