|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
S.B. 480
|
|
|
|
|
|
PARRIS N. GLENDENING, Governor
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Senate Bill 480 alters the liability rules between contractors and the owners of
underground facilities who do not register with the "one call" system known as Miss
Utility. Specifically, the bill excuses contractors who comply with the one-call law
from liability to unregistered owners and makes those owners liable to other parties
for restoration and repairs of property damaged by the excavation or demolition.
Additionally, the bill removes the presumption of negligence on the part of a
contractor in the case of damage to an underground facility of an unregistered owner.
The "one-call" system known as Miss Utility is designed to protect underground
facilities from inadvertent damage caused by demolition and excavation. The
program requires owners of underground facilities, such as water and sewer mains,
and telephone, cable and electric lines to register as members of the one-call system.
The system provides contractors with a single point of contact, so that one notification
suffices to mark the location of all known underground facilities in the vicinity of
proposed demolition or excavation. Despite the mandate that owners register with
Miss Utility, some owners still do not belong to the one-call system.
The intention behind Senate Bill 480 is to encourage the owners of underground
facilities to register with the one-call system by imposing greater liability on them for
damages from demolition and excavation if they do not. I support this goal. Unless
owners fully participate in the one-call system, it cannot function as designed and
will be unreliable. To this end, the bill takes away the current presumption of
negligence on the part of a contractor who damages an underground facility if the
utility owner failed to register with the one-call system. While I support this
provision, I am concerned that the bill goes a great deal farther in protecting
contractors and may have unintended consequences.
Senate Bill 480 states that if the utility owner fails participate in the one call system,
the contractor is not liable to the utility owner for repairing the underground facility
and for "any repairs or restoration of property damaged by the excavation or
demolition." Rather than just taking away the presumption of negligence, the bill
arguably shields a negligent contractor for property damages caused to third parties
such as homeowners and businesses. In such cases, if the owner of the underground
facility is unknown, bankrupt or otherwise unreachable, an injured third party may
have difficulty obtaining compensation for property damaged by the excavation or
demolition. While I do not believe that is the intention of the bill, the proposed
language lacks sufficient clarity on this important issue.
Given the potential unintended consequences of Senate Bill 480,1 cannot support the
legislation in its current form and recommend this issue be carefully studied during
the 2000 interim. It is worth noting that the Public Service Commission is currently
undertaking a comprehensive review of the entire underground facilities law to
determine what changes may be necessary to improve the one-call system. I
recommend that the Commission include Senate Bill 480 in its study and that any
proposed liability protections for contractors be narrowly tailored to protect the public
interest.
For the above reasons, I have vetoed Senate Bill 480.
Sincerely,
|
|
|
|
|
|
|
|
|
|
- 3901 -
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
