Colorado Legislative Council Staff

NO FISCAL IMPACT

TITLE:            CONCERNING CIVIL ACTIONS FOR DAMAGES TO UNDERGROUND UTILITY FACILITIES RESULTING FROM VIOLATIONS OF COLORADO LAW RELATING TO REQUIREMENTS FOR NOTIFICATION PRIOR TO EXCAVATION.

Summary of Assessment

            This bill revises statutes governing excavation requirements by holding an excavator strictly liable for any damage, including attorney fees and costs, when personal injury, death, or other damages occur as a result of damaging an accurately marked underground facility during excavation. In the event the damage occurs as a result of the failure to properly mark the facility, the person marking the facility shall be strictly liable for any damages. The bill specifies certain conditions under which the provisions of strict liability shall not apply. The bill will become effective 90 days after adjournment unless a referendum petition is filed.

            This bill will not affect state or local government revenue or expenditures. Therefore, it is assessed as having no fiscal impact.

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