COMMITTEE ON COMMERCE AND ECONOMIC DEVELOPMENT
SENATE AMENDMENTS TO H.B. 2708
(Reference to House engrossed bill)
Page 2, line 2, strike “33-2011” insert “33-2001”
Page 5, line 8, strike “and location of” insert “and
location of”
Line 12, strike “locate and” insert “locate and”
Page 6, line 30, after the period strike remainder of line
Strike lines 31, 32 and 33
After line 44, insert:
“Sec. 3. Section 40-360.26, Arizona Revised Statutes, is
amended to read:
40-360.26. Damage of underground facility; liability to owner; homeowner exemption
A. If any underground facility is damaged by any person in violation of this article as a result of failing to obtain information as to its location, failing to take measures for protection of the facilities or failing to excavate in a careful and prudent manner, the person is liable to the owner of the underground facility for the total cost of the repair of the facility.
B. A homeowner or homeowners’ association engaging in excavating in an express or implied private property utility easement across property owned by the homeowner or homeowners’ association is not liable to the owner or operator of the underground facility damaged by the homeowner or homeowners’ association pursuant to this section if the damaged underground facility is not buried or placed below ground in accordance with the applicable standards, if the underground facility is not located within the easement or if the homeowner or homeowners’ association engaged in the excavation has complied with section 40‑360.22. THIS SUBSECTION DOES NOT APPLY TO ANY PERSON EMPLOYED BY A HOMEOWNER OR A HOMEOWNERS’ ASSOCIATION INCLUDING A CONTRACTOR LICENSED PURSUANT TO TITLE 32 CHAPTER 10 AND A PERSON ENGAGING IN CONTRACTING WITHOUT A LICENSE AS PROHIBITED BY SECTION 32-1151.”
Amend title to conform