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     Section 2. That § 31-26-5 be amended to read as follows:

     31-26-5.   The grantee under §   31-26-1 shall construct and maintain said the grantee's poles, wires, or underground cable and line in accordance with the applicable National Electrical Safety Code

adopted by the Bureau of Standards of the United States Department of Commerce. Proof of compliance with the requirements of an applicable National Electrical Safety Code standard establishes due care in the defense of a negligence claim alleging a violation of that standard.

     Section 3. That § 31-26-22 be amended to read as follows:

     31-26-22.   The Transportation Commission may adopt promulgate rules and the Department of Transportation may issue permits , to allow electrical lines, pipelines, communication lines and other utilities, including rural water service pipelines, whether above or below ground, to operate the facilities over, under , or along public grounds, streets, alleys and highways under its jurisdiction in this state. Any rule adopted under promulgated pursuant to this section shall set forth application and issuance of permit criteria and installation standards necessary to preserve a safe traffic environment, the appearance of the highway, and the efficiency and economy of highway maintenance and shall be adopted promulgated pursuant to chapter 1-26. Proof of compliance with the requirements of the applicable National Electrical Safety Code standard establishes due care in the defense of a negligence claim alleging a violation of that standard. ".

Diane Mellan