S0242B1227A03855 BIL:JMT 10/13/17 #90 A03855
AMENDMENTS TO SENATE BILL NO. 242
Sponsor: REPRESENTATIVE M. QUINN
Printer's No. 1227
Amend Bill, page 13, line 8, by inserting after "owners]."
An underground facility owner that fails to mark, locate or
otherwise accurately provide the position and number of its
underground facilities which may be affected by a planned
excavation or demolition, in accordance with the provisions of
this act, shall be liable for actual costs of labor, parts and
equipment and personnel on standby incurred by an excavator
damaging a facility owned, operated or controlled by the
underground facility owner. An excavator that damages an
underground facility in violation of the provisions of this act
shall only be liable for actual costs of labor, parts and
equipment and personnel on standby incurred by the underground
facility owner that owns or controls the damaged underground
facility. A provision in a contract, public or private, which
attempts to limit the rights of excavators under this subclause
shall not be valid for any reason. An attempted waiver of this
subclause shall be void and unenforceable as against public
policy, and the attempted waiver shall be reported to the
commission.
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