Senate panel adopts amendment to tighten penalties and training for 811 violations (SB297)
March 02, 2023 | INSURANCE & COMMERCE - SENATE, Senate, Committees, Legislative, Arkansas
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The Senate Insurance & Commerce committee approved an amendment to SB297 that streamlines enforcement and sets a graduated penalty schedule for violations of the state’s 811 damage‑prevention rules.
Sponsor Senator Dismank told the committee the amendment reflects technical corrections suggested by the Public Service Commission and does not alter the bill’s intent. Under the amended language, a first violation in a 12‑month period would require the responsible party to undergo training; a second violation would carry a civil penalty with a maximum of $5,000, and repeated violations in a 12‑month period could increase to a $10,000 civil penalty, subject to an annual cap of $50,000, as described by the sponsor.
Charlie Speaks of Black Hills Energy, testifying as an industry witness, said the proposal preserves enforcement authority with the Attorney General’s office while creating a more administrative approach so the AG’s office would not need to file circuit‑court actions for every alleged infraction. “We trust him and so we’re gonna leave it under him, but we’re trying to make it easier for his office to do that without having to go to circuit court for every violation,” Speaks said.
Senator Johnson raised a practical concern about repeated strikes on water or gas lines by contractors, saying some contractors may treat repair costs as “the cost of doing business.” Speaks agreed that the bill aims to change that behavior by increasing the risk and cost of repeat violations.
With no public opposition in the room, the committee approved the amendment by voice vote and later voted to report SB297 “do pass as amended.” The committee’s votes were recorded as voice votes; no roll‑call tally of named yes/no votes was provided in the transcript.
The bill now advances with the committee’s recommendation; the sponsor indicated stakeholders vetted the changes and that the measure primarily clarifies procedures rather than imposing new substantive authority.
Sponsor Senator Dismank told the committee the amendment reflects technical corrections suggested by the Public Service Commission and does not alter the bill’s intent. Under the amended language, a first violation in a 12‑month period would require the responsible party to undergo training; a second violation would carry a civil penalty with a maximum of $5,000, and repeated violations in a 12‑month period could increase to a $10,000 civil penalty, subject to an annual cap of $50,000, as described by the sponsor.
Charlie Speaks of Black Hills Energy, testifying as an industry witness, said the proposal preserves enforcement authority with the Attorney General’s office while creating a more administrative approach so the AG’s office would not need to file circuit‑court actions for every alleged infraction. “We trust him and so we’re gonna leave it under him, but we’re trying to make it easier for his office to do that without having to go to circuit court for every violation,” Speaks said.
Senator Johnson raised a practical concern about repeated strikes on water or gas lines by contractors, saying some contractors may treat repair costs as “the cost of doing business.” Speaks agreed that the bill aims to change that behavior by increasing the risk and cost of repeat violations.
With no public opposition in the room, the committee approved the amendment by voice vote and later voted to report SB297 “do pass as amended.” The committee’s votes were recorded as voice votes; no roll‑call tally of named yes/no votes was provided in the transcript.
The bill now advances with the committee’s recommendation; the sponsor indicated stakeholders vetted the changes and that the measure primarily clarifies procedures rather than imposing new substantive authority.
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