Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB535 Compare Versions

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Version 2 (New)

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	3	+	SB535 HFLR Page 1
	4	+	BOLD FACE denotes Committee Amendments. 1
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4		-	An Act
5		-	ENROLLED SENATE
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
	30	+
	31	+	STATE OF OKLAHOMA
	32	+
	33	+	1st Session of the 58th Legislature (2021)
	34	+
	35	+	ENGROSSED SENATE
6	36		BILL NO. 535 By: Bergstrom of the Senate
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8	38		and
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10	40		Lepak of the House
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15	45		An Act relating to the Corporation Commission;
16	46		amending 17 O.S. 2011, Section 6.1, as amended by
17	47		Section 1, Chapter 185, O.S.L. 2016 (17 O.S. Supp.
18	48		2020, Section 6.1), which relates to pipeline safety;
19	49		increasing maximum daily and administrative penalty
20	50		amount; updating statutory language; and providing an
21	51		effective date.
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27		-	SUBJECT: Corporation Commission
28		-
29	57		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
30		-
31	58		SECTION 1. AMENDATORY 17 O.S. 2011, Section 6.1, as
32	59		amended by Section 1, Chapter 185, O.S.L. 2016 (17 O.S. Supp. 2020,
33	60		Section 6.1), is amended to read as follow s:
	61	+	A. Any person who has been determined by the Commission to have
	62	+	violated any provision of any rule, regulation , or order issued
	63	+	pursuant to the provisions of the Commission related to pipeline
	64	+	safety shall be liable for a civil penalty of not more than One
	65	+	Hundred Thousand Dollars ($100,000.00) Two Hundred Thousand Dollars
	66	+	($200,000.00) for each day that said the violation continues. The
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35		-	Section 6.1. A. Any person who has been determin ed by the
36		-	Commission to have violated any provisi on of any rule, regulation,
37		-	or order issued pursuant to the provision s of the Commission related
38		-	to pipeline safety shall be liable for a civil penalty of not mor e
39		-	than One Hundred Thousand Dollars ($100,000 .00) Two Hundred Thousand
40		-	Dollars ($200,000.00) for each day that said the violation
41		-	continues. The maximum civil penalty shall not exceed One Million
42		-	Dollars ($1,000,000.00) Two Million Dollars ($2,000,000 .00) for any
43		-	related series of violations.
	68	+	SB535 HFLR Page 2
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	94	+	maximum civil penalty shall not exceed One Million Dollars
	95	+	($1,000,000.00) Two Million Dollars ($2,000,000 .00) for any related
	96	+	series of violations.
45	97		B. The amount of the penalty shall be assessed by the
46	98		Commission pursuant to the provisions of subsection A of this
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48		-	ENR. S. B. NO. 535 Page 2
49	99		section, after notice and hearing. In determining the amount of the
50	100		penalty, the Commission shall include but not be limited to
51	101		consideration of the nature, circumstances , and gravity of the
52	102		violation and, with respect to the person found to have committed
53	103		the violation, the degree of culpability, the effect on ability of
54	104		the person to continue to do business , and any show of good faith in
55	105		attempting to achieve compliance with the provisions of the rules
56	106		and regulations of the Commission.
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58	107		All penalties collected pursuant to the provisions of this
59	108		section shall be deposited into the Pipeline Enforcement Fund.
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61	109		C. Any person who willfully and knowingly injures or destroys,
62	110		or attempts to injure or destroy, any pipeline transportation
63	111		system, upon conviction, shall be guilty of a felony and shall be
64	112		subject for each offense to a fine of not more than Twenty -five
65	113		Thousand Dollars ($25,000.00) or imprisonment for a term not to
66	114		exceed fifteen (15) years or both such fine and imprisonment.
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68	115		SECTION 2. This act shall become effective November 1, 2021.
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71		-	ENR. S. B. NO. 535 Page 3
72		-	Passed the Senate the 9th day of March, 2021.
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75		-
76		-	Presiding Officer of the Senate
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79		-	Passed the House of Representatives the 13th day of April, 2021.
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82		-
83		-	Presiding Officer of the House
84		-	of Representatives
85		-
86		-	OFFICE OF THE GOVERNOR
87		-	Received by the Office of the Governor this _______ _____________
88		-	day of _________________ __, 20_______, at ____ ___ o'clock _______ M.
89		-	By: _______________________________ __
90		-	Approved by the Governor of the State of Oklahoma this _____ ____
91		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
92		-
93		-	_________________________________
94		-	Governor of the State of Oklahoma
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96		-
97		-	OFFICE OF THE SECRETARY OF STATE
98		-	Received by the Office of the Secretary of State this _______ ___
99		-	day of __________________, 20 _______, at _______ o'clock _______ M.
100		-	By: _______________________________ __
	117	+	COMMITTEE REPORT BY: COMMITTEE ON ENERGY AND NATUR AL RESOURCES,
	118	+	dated 04/01/2021 - DO PASS.