Bill Summary – FastDemocracy

31-LS0073\A
                                          HOUSE BILL NO. 8
                         IN THE LEGISLATURE OF THE STATE OF ALASKA
                           THIRTY-FIRST LEGISLATURE - FIRST SESSION
     BY REPRESENTATIVE CLAMAN
     Introduced: 2/20/19
     Referred: Judiciary, Resources
                                                 A BILL
                                       FOR AN ACT ENTITLED
 1   "An Act relating to the liability of an excavator for damaging an underground facility."
 2   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
 3     * Section 1. AS 42.30.410(h) is amended to read:
4                    (h) If an excavator discovers an underground facility that was not field marked
5            or was inaccurately field marked, the excavator shall immediately stop excavating in
6            the vicinity of the facility and shall notify the operator of the discovery. The excavator
7            may notify the operator by means of a notification center. The operator shall treat the
 8           notification as a request to locate in an emergency and shall respond accordingly. If an
 9           excavator has taken all reasonable steps under AS 42.30.400 - 42.30.490 to locate
10           an underground facility and to contact the underground facility operator,
11           including giving notice to a notification center, the [AN] excavator is not subject
12           to a civil penalty under AS 42.30.440(a) or any other applicable state civil penalty
13           and may not be held liable for civil damages for inadvertent damage that is caused to
14           an unmarked or an inaccurately marked underground facility or that arises out of
15           inadvertently damaging the unmarked or inaccurately marked underground
     HB0008a                                         -1-                                          HB 8
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1          facility. In this subsection, "civil damages" does not include damages for
2          personal injury.
3    * Sec. 2. AS 42.30.440(a) is amended to read:
4                  (a) In addition to all other remedies provided by law, except as provided by
5          AS 42.30.410(h), a person who violates a provision of AS 42.30.400 - 42.30.490 is
6          subject to a civil penalty of not less than $50 nor more than $1,000 for each offense if
7          the violation results in or significantly contributes to damage to an underground
8          facility.
    HB 8                                          -2-                                     HB0008a
                          New Text Underlined [DELETED TEXT BRACKETED]
Statutes affected: 
HB0008A, AM HB 8, introduced 02/20/2019: 42.30.410, 42.30.400, 42.30.490, 42.30.440