CERTIFICATION
OF ENROLLMENT
SENATE
BILL 5292
Chapter
247, Laws of 1995
54th
Legislature
1995
Regular Session
GAS
PIPELINE SAFETY VIOLATIONS‑-CIVIL PENALTIES
EFFECTIVE
DATE: 7/23/95
|
Passed by the Senate April 19, 1995
YEAS 42 NAYS 0
JOEL PRITCHARD
President of the Senate
Passed by the House April 5, 1995
YEAS 97 NAYS 0
|
CERTIFICATE
I, Marty Brown, Secretary of the Senate of the State
of Washington, do hereby certify that the attached is SENATE BILL 5292
as passed by the Senate and the House of Representatives on the dates hereon
set forth.
|
|
CLYDE BALLARD
Speaker of the
House of Representatives
|
MARTY BROWN
Secretary
|
|
Approved May 5, 1995 Place
Style On Codes above, and Style Off Codes below.
|
FILED
May 5, 1995 - 10:17 a.m.
|
|
|
|
|
MIKE LOWRY
Governor of the State of
Washington
|
Secretary of State
State of Washington
|
_______________________________________________
SENATE BILL 5292
_______________________________________________
AS AMENDED BY THE HOUSE
Passed Legislature - 1995 Regular Session
State of Washington 54th Legislature 1995
Regular Session
By
Read first time 01/18/95.
Referred to Committee on Energy, Telecommunications & Utilities.
Revising the
level of civil penalties for violation of gas pipeline safety regulations.
AN ACT Relating to
civil penalties for violation of gas pipeline safety regulations; amending RCW
80.28.212; and prescribing penalties.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 80.28.212 and 1969
ex.s. c 210 s 3 are each amended to read as follows:
Any gas company which
violates any provision of RCW 80.28.210 as now exists or is later amended or of
any regulation issued thereunder, shall be subject to a civil penalty to be
directly assessed by the commission((,)). The level of such
penalty shall be set by rule by the commission and shall not ((to))
exceed ((one thousand dollars for each violation for each day that the
violation persists, but the maximum civil penalty shall not exceed two hundred
thousand dollars for any related series of violations)) the penalties
specified in federal pipeline safety laws (49 U.S.C. 60101 et seq.) in effect
on the effective date of this act. Any civil penalty may be compromised by
the commission. In determining the amount of the penalty, or the amount agreed
upon and compromised, the appropriateness of the penalty to the size of the
business of the person charged, the gravity of the violation, and the good
faith of the gas company charged in attempting to achieve compliance after
notification of the violation, shall be considered. The amount of the
penalty, when finally determined, or the amount agreed upon and compromised,
may be recovered in a civil action in the superior court of Thurston county or
of some other county in which such violator may do business. In all such
actions for recovery the procedure and rules of evidence shall be the same as
in ordinary civil actions. All penalties recovered under this title shall be
paid into the state treasury and credited to the public service revolving fund.
Passed
the Senate April 19, 1995.
Passed
the House April 5, 1995.
Approved by the Governor May 5, 1995.
Filed in Office of
Secretary of State May 5, 1995.