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MEMORANDL"itiI <br />.................................................................................................................................................................................... <br />iPunuanr ro sectlnn 24-?2-101(S.Sj(bj. research memoranda and orherfrnal products ofLegis[ative <br />Council Stuff research that are not related ro proposed or pending lee siarion are considered public <br />records and are subject to public inspection. If you mink additional research is required and this <br />memorandum is not a jrnal~raduct. please. coil Karen Stewart at (303) 356.401 ! Sy October 5, 1000: <br />THIS IS NOT A LEGAL OPINION <br />September 28, 2000 <br />T0: Senator John Evans <br />FROM: Scott Grosscup, Research Associate, 303-866-5390 <br />SLB7ECT: Damage to Underground Facilities <br />Tnis memorandum responds to your request forinformation regazding SB00-184, concerning <br />prevention of damage to underground facilities resulting from excavations. Specifically, it addresses <br />the question that you raised regazding potential increased liability for Elbert County. Tn prcpa-ing <br />this memorandum, staff contacted officials from Elbert County and the Office of Legislative Legal <br />Services. rD,t_J <br />Provisions of Senate Bill 00.184 <br />Senate $ill 00-184 revised portions of Section 9-1.5-101, et seq., C R.S., the Colorado <br />Excavation Requirements Statute, which requires advance notice of the location of underground <br />facilities prior to excavation ofa site. (Excavation includes digging, backfilling, ditching, drilling, and <br />grading, whereby the earth is moved.) The bill established liability based upon the damage to an <br />underground facility when a person doing the excavating does not notify the underground utiliCr <br />notification association and locate the utilities in the area where they will be excavating. Liability <br />ranges from 55,000 for the first offense to 575,000 should a person fail to comply with the <br />requirements of the section three times within atwelve-momh period. <br />Senate Bill 00-184 does not preclude any instances of govettanental immunity as outlined in <br />Article 10 ofTitle 24, C.R.S. (This section provides immunity from liability for governmental entities <br />in certain en~l actions.) It is uncleaz ifthis provision of SB00-184 will provide immunity from liability <br />to a governmental entity ifwhile performing routine maintenance onpublicrights-of--ways it damages <br />an underground utility. <br />Concerns Raised by Elbert County <br />