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this section shall include a requirement that the violator complete mandatory training in underground facilities damage prevention.
(2) All penalties recovered in any such an action shall be paid into the general fund of the state, county, or municipality that prosecutes the action.
(c) The Attorney General, the county prosecutor, or the city attorney shall, at the request of any person, shall bring an action in a court of competent jurisdiction to enjoin any a violation of 49 C.F.R. Part 198, Subpart C, as it existed on January 1, 2023, committed by operators of underground pipeline facilities and excavators.
(d) Nothing in this chapter shall be construed to This chapter does not modify or repeal existing laws pertaining to the tort liability of local governments and their employees.
(e) This chapter does not affect any civil remedies for personal injury or property damage, including underground facilities, except as otherwise specifically provided for in this chapter.
(f) This section shall does not apply to:
(1) The State Highway Commission;
(2) The Arkansas Department of Transportation;
(3) An officer or employee of the commission or the Arkansas
Department of Transportation;
(4) A county judge; or
(5) A county road department.
(g)(1) The Attorney General shall produce a quarterly report and
provide the report to the Legislative Council, the One Call Center, and the Office of Pipeline Safety of the Arkansas Public Service Commission.
(2) The report required under subdivision (g)(1) of this section shall include:
(A) The number of complaints submitted;
(B) The number of the submitted complaints that were
settled or prosecuted; and
(C) The amount of fines collected under this section
during the previous quarter.
SECTION 3. Arkansas Code § 14-271-109(a), concerning the notice requirements to the One Call Center under the Arkansas Underground Facilities
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SB297
2023, Issue 1 Arkansas 811 Magazine • 9