Z-144 _______________________________________________
SENATE BILL NO. 5592
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C 196 L 89
State of Washington 51st Legislature 1989 Regular Session
By Senators Patterson, DeJarnatt and Sellar; by request of Department of Transportation
Read first time 1/30/89 and referred to Committee on Transportation.
AN ACT Relating to damages to facilities located on state highways; and adding a new section to chapter 47.44 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. A new section is added to chapter 47.44 RCW to read as follows:
In any action for damages against the state of Washington, its agents, contractors, or employees by reason of damages to a utility or other facility located on a state highway, the damages are limited to the cost of repair of the utility or facility and are recoverable only in those instances where the utility or facility is authorized to be located on the state highway. However, the state is subject to the penalties provided in RCW 19.122.070 (1) and (2) only if the state has failed to give a notice meeting the requirements of RCW 19.122.030 to utilities or facilities that are authorized to be located on the state highway.