1.1                          A bill for an act 
  1.2             relating to utilities; providing for liability under 
  1.3             the one call excavation notice system; amending 
  1.4             Minnesota Statutes 2002, section 216D.06, subdivision 
  1.5             2. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2002, section 216D.06, 
  1.8   subdivision 2, is amended to read: 
  1.9      Subd. 2.  [COST REIMBURSEMENT.] (a) If an excavator damages 
  1.10  an underground facility, the excavator shall reimburse the 
  1.11  operator for the cost of necessary repairs, and for a pipeline 
  1.12  the cost of the product that was being carried in the pipeline 
  1.13  and was lost as a direct result of the damage.  
  1.14     (b) ~~Reimbursement is not required if~~ An excavator is not 
  1.15  liable for damage to an underground facility, either under this 
  1.16  section or under common law, if the excavator complied with 
  1.17  section 216D.04, subdivision 1, except upon proof (1) of gross 
  1.18  negligence or recklessness by an excavator, (2) that the damage 
  1.19  to the underground facility was caused by the sole negligence of 
  1.20  the operator, or (3) that the operator failed to comply with 
  1.21  section 216D.04, subdivision 3.