HB796 (2007) Detail

Relative to civil liability for damaging highway protective barriers.


CHAPTER 332

HB 796 – FINAL VERSION

06Mar2007… 0304h

11Apr2007… 1196h

05/31/07 1945s

27Jun2007… 2240cofc

2007 SESSION

07-0232

06/10

HOUSE BILL 796

AN ACT relative to civil liability for damaging highway protective barriers.

SPONSORS: Rep. Ulery, Hills 27; Rep. Chandler, Carr 1

COMMITTEE: Public Works and Highways

ANALYSIS

This bill expands civil liability of a person who obstructs or damages a highway to include liability for damage to highway protective barriers.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

06Mar2007… 0304h

11Apr2007… 1196h

05/31/07 1945s

27Jun2007… 2240cofc

07-0232

06/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Seven

AN ACT relative to civil liability for damaging highway protective barriers.

Be it Enacted by the Senate and House of Representatives in General Court convened:

332:1 Civil Liability Expanded. RSA 236:39 is repealed and reenacted to read as follows:

236:39 Civil Liability. If any person, without authority, shall place any obstruction in a highway, or cause any defect, insufficiency, or want of repair of a highway which renders it unsuitable for public travel, he or she shall be liable to the state for all damages to the highway, including replacement costs of protective barriers, when maintained by the state, or to the municipality for all damages to a highway, including replacement costs of protective barriers, when maintained by the municipality, and for all damages and costs which the state or municipality shall be compelled to pay to any person injured by such obstruction, defect, insufficiency or want of repair.

332:2 Effective Date. This act shall take effect January 1, 2008.

Approved: July 16, 2007

Effective: January 1, 2008