SB 9 — revise provisions regarding notices to the one-call notification center.

26.399.926.399.10 101st Legislative Session 9 South Dakota Legislature Senate Bill 9 IntroducedENROLLED by:AN A CT ENTITLED An Act to revise provisions regarding notices to the one-call notification center.

TheB ChairE ofIT theENACTED CommitteeBY onTHE CommerceLEGISLATURE andOF EnergyTHE atSTATE theOF requestS ofOUTH theDAKOTA Department: of Public Safety An Act to revise provisions regarding notices to the one-call notification center.

B E IT ENACTED BY THE LEGISLATURE OF THE S TATE OF SOUTH D AKOTA :

The excavator shall give notice by telephone or by other methods approved by the board, pursuant to rules promulgated pursuant to chapter 1-26, to the one-call notification center, at least forty-eight hours prior to the commencement of the excavation,excavation. excluding Saturdays, Sundays, and legal holidays of the state.

The board may promulgate rules, pursuant to chapter 1-26, to reduce the forty- eight-hour interval period for emergency or subsequent inquiries to the original locate request, and may lengthen the forty-eight-hour interval period for nonexcavation requests.

An operator shall, upon receipt of the notice, advise the excavator of the location of underground facilities in the proposed excavation area by marking the location of the facilities with stakes, flags, paint, or other clearly identifiable marking markings within eighteen inches horizontally from the exterior sides of the underground facilities.

The operator's response time shallmust be nowithin laterone than forty-eight hours after the receipt of the notice,following excludingperiods, Saturdays,whichever Sundays,is andlater: legal holidays of the state or the excavation start time provided by the Overstrikes indicate deleted language.

26.399.9 2 9 excavator, whichever is later must be within one of the following periods, whichever is later:

or 26.399.10 2 9 (2) The period between notice being given and the excavation start time provided by the excavator.

The response time may be less than forty-eight hours the forty-eight-hour period for emergency or subsequent inquiries to the original locate request, and may be longer than forty-eight hours the forty-eight-hour period for nonexcavation requests.

If excavation is required within eighteen inches, horizontally, the excavator shall must expose the facility with hand tools or noninvasive methods approved pursuant to rule, and shall protect and support the facility prior to further excavation with mechanical equipment.

OverstrikesSB9 indicateENROLLED deleted26.399.10 language.3 9 An Act to revise provisions regarding notices to the one-call notification center.

Received at this Executive Office I certify that the attached Act originated in this _____ day of _____________, the:

at ____________M.

Senate as Bill No.

9 By Secretary of the Senate for the Governor The attached Act is hereby approved this ________ day of President of the Senate ______________, A.D., 2026 Attest:

Governor Secretary of the Senate STATE OF SOUTH DAKOTA, ss.

Office of the Secretary of State Speaker of the House Filed ____________, 2026 Attest:

at _________ o'clock __M.

Chief Clerk of the House Secretary of State Senate Bill No.

9 By File No.

____ Asst.

Secretary of State Chapter No.

______ SB9 ENROLLED