BILL: SB 2227

SUBJECT: Clarifying a Excavator’s Liability for Damage Under One Call Law

DESCRIPTION: This bill seeks to provide clarification on one of the liability questions that has arisen since the One Call (Call Before You Dig) law was adopted four years ago. Formerly, excavators were required to go to the county courthouse to review files of the utility’s underground facilities. When the law was rewritten, two different standards of liability for those who violate the law were adopted by the Legislature. The current law contains a inconsistency between the "strict liability" standard in subsection 2 of NDCC 49-23-06 for when a excavator damages an underground facility compared to the "prima facie evidence" standard of the excavator’s negligence in subsection 3 of that same statute. SB 2227 resolves that conflict in favor of a strict liability standard when the facility owner has marked the area properly.

IMPACT OF INDEPENDENT TELEPHONE COMPANIES: The Association believes the bill has merit and will aid independent telco attorneys who are seeking to prove damages when a excavator damages their facilities. The legislation should also serve to remind all of our members of the importance of full compliance with North Dakota’s Call-Before-You-Dig laws because members of our industry are "excavators" as well as "operators" within the meaning of the statute.

ASSOCIATION RECOMMENDATION: Support SB 2227.