SENATE BILL REPORT

SB 5592

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

Limiting liability for damages to facilities on state highways.

Senate Committee on Transportation

Senate Hearing Date(s):February 2, 1989; February 15, 1989

Majority Report:  Do pass.

      Signed by Senators Patterson, Chairman; Nelson, Vice Chairman; von Reichbauer, Vice Chairman; Barr, Benitz, DeJarnatt, Madsen, Murray, Thorsness.

Senate Staff:Vicki Fabre' (786-7313)

                  March 20, 1989

AS PASSED SENATE, MARCH 14, 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 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.

Appropriation:    none

Revenue:    none

Fiscal Note:      available

Senate Committee - Testified: Clyde Slemmer, Department of Transportation (for)