HOUSE BILL REPORT

SB 5592

BYSenators Patterson, DeJarnatt and Sellar; by request of Department of Transportation

Limiting liability for damages to facilities on state highways.

House Committe on Transportation

Majority Report:  Do pass.  (18)

      Signed by Representatives Walk, Chair; Baugher, Vice Chair; Schmidt, Ranking Republican Member; Betrozoff, Cantwell, Day, G. Fisher, R. Fisher, Hankins, Haugen, Heavey, Nelson, Prentice, Smith, D. Sommers, Todd, Walker and S. Wilson.

Minority Report:  Do not pass.  (2)

      Signed by Representatives Cooper and R. Meyers.

House Staff:Louise Bray (786-7322)

AS PASSED HOUSE APRIL 13, 1989

BACKGROUND:

Existing law provides a mechanism for accommodating utilities on state highway right-of-way through a franchise or permit application process.  Recent technological advances in the utility industry, telecommunications (fiber optics) in particular, make the potential for losses claimed by a utility for damaged facilities or interrupted services substantial.

SUMMARY:

When the state Department of Transportation (DOT) damages a utility's facility that is authorized to be on the state's right-of-way, it is not liable for third party damage (loss of service).  If found liable, the DOT is responsible for the cost of repair.  The Department is subject to a civil penalty of not more than $1,000 for each violation when it fails to give notice of excavation to a facility owner.  Malicious or willful damage by an excavator is punishable by treble the cost incurred in repairing or relocating the facility.  Failure to notify a known underground facility owner is deemed willful and malicious.  All penalties are deposited in the state General Fund.

Fiscal Note:      No Impact.

House Committee ‑ Testified For:    None Presented.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    None Presented.

House Committee - Testimony Against:      None Presented.