First Regular Session
Sixty-second General Assembly
LLS NO. 99-0815.01 Bart Miller SENATE BILL 99-212
STATE OF COLORADO
BY SENATOR Evans;
also REPRESENTATIVE Lee.
LOCAL GOVERNMENT
A BILL FOR AN ACT
101 CONCERNING CIVIL ACTIONS FOR DAMAGES TO UNDERGROUND UTILITY
102 FACILITIES RESULTING FROM VIOLATIONS OF COLORADO LAW
103 RELATING TO REQUIREMENTS FOR NOTIFICATION PRIOR TO
104 EXCAVATION.
Bill Summary
(Note: This summary applies to this bill as introduced and does
not necessarily reflect any amendments that may be subsequently
adopted.)
Establishes strict liability for damages to underground utility
facilities under certain circumstances and provides for the awarding of
attorney fees and costs in such actions.
1 Be it enacted by the General Assembly of the State of Colorado:
2 SECTION 1. 9-1.5-104.5 (3) (b), Colorado Revised Statutes, is
3 amended to read:
4 9-1.5-104.5. Penalties - applicability. (3) (b) The penalties
5 provided in this article are in addition to any other remedy at law or
6 equity available to an excavator or owner or operator of a damaged
7 underground facility. except that nothing in this article shall be construed
8 to change the basis for civil liability for damages under existing law.
9 SECTION 2. Article 1.5 of title 9, Colorado Revised Statutes, is
[ ] denotes HOUSE amendment. { } denotes SENATE amendment.
Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate material to be deleted from existing statute.
Page 2
1 amended BY THE ADDITION OF A NEW SECTION to read:
2 9-1.5-107. Effect of violation of article - liability for damages
3 - attorney fees - costs. (1) (a) IN ADDITION TO THE CIVIL PENALTIES
4 PROVIDED IN SECTION 9-1.5-104.5, THE EXCAVATOR SHALL BE STRICTLY
5 LIABLE IN A CIVIL ACTION FOR ANY DAMAGE, INCLUDING THE AWARDING
6 OF ATTORNEY FEES AND COSTS AS SPECIFIED IN THIS SECTION, WHEN IT IS
7 SHOWN THAT PERSONAL INJURY, DEATH, OR OTHER DAMAGES, INCLUDING
8 DAMAGE TO ANY UNDERGROUND FACILITY, OCCURRED AS A RESULT OF THE
9 FOLLOWING:
10 (I) A FAILURE TO COMPLY WITH THE NOTICE PROVISIONS OF
11 SECTION 9-1.5-103; OR
12 (II) GIVING PROPER NOTICE UNDER SECTION 9-1.5-103 AND
13 NEVERTHELESS DAMAGING AN ACCURATELY MARKED UNDERGROUND
14 FACILITY.
15 (b) IN A CIVIL ACTION WHEN IT IS SHOWN THAT PERSONAL INJURY,
16 DEATH, OR OTHER DAMAGES, INCLUDING DAMAGE TO ANY UNDERGROUND
17 FACILITY, OCCURRED AS A RESULT OF THE FAILURE TO PROPERLY MARK AN
18 UNDERGROUND FACILITY, THEN THE PERSON MARKING SUCH
19 UNDERGROUND FACILITY, BUT NOT THE OPERATOR OR OWNER OF THE
20 UNDERGROUND FACILITY, SHALL BE STRICTLY LIABLE FOR ANY DAMAGES
21 CAUSED BY SUCH FAILURE TO PROPERLY MARK.
22 (c) THE PROVISIONS OF PARAGRAPHS (a) AND (b) OF THIS
23 SUBSECTION (1) SHALL NOT APPLY IF THE OPERATOR OR OWNER WHOSE
24 UNDERGROUND FACILITY IS DAMAGED FAILS TO PARTICIPATE IN THE
25 NOTIFICATION ASSOCIATION.
26 (d) THE PROVISIONS OF PARAGRAPHS (a) AND (b) OF THIS
Page 3
1 SUBSECTION (1) SHALL NOT APPLY TO A HOMEOWNER WORKING ON SUCH
2 HOMEOWNER'S PROPERTY, INCLUDING A FARM OR RANCH, UNLESS AN
3 UNDERGROUND FACILITY IS LOCATED WITHIN A SPECIFIC EASEMENT FOR
4 SUCH FACILITY AND IS BURIED AT LEAST TWENTY-FOUR INCHES BELOW
5 GROUND.
6 (e) THE PROVISIONS OF PARAGRAPHS (a) AND (b) OF THIS
7 SUBSECTION (1) SHALL NOT APPLY IF AN UNDERGROUND FACILITY IS
8 DAMAGED AS A RESULT OF INCORRECT LOCATION INFORMATION PROVIDED
9 BY THE OWNER OF THE FACILITY.
10 (2) IF SUCCESSFUL AT TRIAL, THE PARTY BRINGING AN ACTION FOR
11 DAMAGES RESULTING FROM A VIOLATION OF ANY PROVISION OF THIS
12 ARTICLE SHALL BE ENTITLED TO RECOVER REASONABLE ATTORNEY FEES
13 TOGETHER WITH THE COSTS OF BRINGING THE ACTION.
14 SECTION 3. Effective date - applicability. (1) This act shall
15 take effect at 12:01 a.m. on the day following the expiration of the
16 ninety-day period after final adjournment of the general assembly that is
17 allowed for submitting a referendum petition pursuant to article V,
18 section 1 (3) of the state constitution; except that, if a referendum petition
19 is filed against this act or an item, section, or part of this act within such
20 period, then the act, item, section, or part, if approved by the people, shall
21 take effect on the date of the official declaration of the vote thereon by
22 proclamation of the governor.
23 (2) The provisions of this act shall apply to civil actions filed on
24 or after the applicable effective date of this act.