49-7A-2. Establishment of One-Call Notification Board.
The Statewide One-Call Notification Board is established as an agency of state government and funded by revenue generated by the one-call notification center. The board is attached to the Public Utilities Commission only for budgetary purposes. The board is solely responsible for all contractors and employment of any personnel working for the board and retains responsibility for all funds of the board and all expenditures thereof. The board is solely responsible for all functions and duties vested in the board and the board shall exercise those functions and duties independent of the Public Utilities Commission. Any interest earned on money in the state one-call fund shall be deposited in the fund. The money is continuously appropriated to the board to implement and administer the provisions of this chapter. The one-call notification center may be organized as a nonprofit corporation. The one-call notification center shall provide a service through which a person can notify the operators of underground facilities of plans to excavate and to request the marking of the facilities. All operators are subject to this chapter and the rules promulgated thereto. Any operator who fails to become a member of the one-call notification center or who fails to submit the locations of the operator's underground facilities to the center, as required by this chapter and rules of the board, is subject to applicable penalties under §§49-7A-18 and 49-7A-19 and is subject to civil liability for any damages caused by noncompliance with this chapter. Any penalties which may be assessed by the board under this chapter shall be collected as provided by law and deposited into the one-call fund.
Source: SL 1993, ch 346, §2; SL 1994, ch 354, §2; SL 1997, ch 263, §1; SL 2002, ch 211, §1; SL 2018, ch 261, §1, eff. July 1, 2019.
Structure South Dakota Codified Laws
Title 49 - Public Utilities and Carriers
Chapter 07A - One-Call Notification System For Excavation Activities
Section 49-7A-1 - Definition of terms.
Section 49-7A-2 - Establishment of One-Call Notification Board.
Section 49-7A-3 - Governing board--Representation--Term of appointment.
Section 49-7A-4 - Rules--Operating procedures.
Section 49-7A-5 - Notification of proposed excavation.
Section 49-7A-7 - Duties of one-call notification center.
Section 49-7A-8 - Location of underground facilities--Marking.
Section 49-7A-9 - Failure to provide timely location markings--Inadequate markings--Liability.
Section 49-7A-10 - Liability for damage to underground facility.
Section 49-7A-13 - Inability to locate underground facility.
Section 49-7A-14 - Local permit requirements unaffected.
Section 49-7A-17 - Complaints--Rules of Practice.
Section 49-7A-19 - Penalties for intentional violations.
Section 49-7A-20 - Each violation as separate offense.
Section 49-7A-21 - Complaint and order prerequisites for penalty--Time limit.
Section 49-7A-23 - Panel to forward complaint to respondent.
Section 49-7A-24 - Respondent to satisfy or answer complaint--Procedure.
Section 49-7A-25 - Complaint, answer to be sole basis for probable cause determination.
Section 49-7A-26 - Factors considered in determining amount of penalty.
Section 49-7A-28 - Action to recover penalty.
Section 49-7A-29 - Record and evidence in court action.
Section 49-7A-30 - Board to maintain docket and index.
Section 49-7A-31 - Board to keep transcript of proceedings--Certification.
Section 49-7A-32 - Removal of board member for conflict of interest.
Section 49-7A-33 - Demand for penalty required before suit brought .
Section 49-7A-34 - Board action has presumption of validity.
Section 49-7A-35 - Annual report of board (Effective July 1, 2019).