HB1453 (2008) Detail

Relative to civil liability for damage to protective barriers.


CHAPTER 184

HB 1453 – FINAL VERSION

30Jan2008… 0090h

2008 SESSION

08-2271

06/03

HOUSE BILL 1453

AN ACT relative to civil liability for damage to protective barriers.

SPONSORS: Rep. G. Richardson, Merr 4; Rep. Bettencourt, Rock 4; Rep. Cloutier, Sull 4

COMMITTEE: Public Works and Highways

AMENDED ANALYSIS

This bill clarifies the civil liability of a person who damages a highway or protective barrier.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

30Jan2008… 0090h

08-2271

06/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eight

AN ACT relative to civil liability for damage to protective barriers.

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

184:1 Civil Liability. Amend RSA 236:39 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 as established through an appropriate contribution claim or under the rules of joint and several liability.

184:2 Effective Date. This act shall take effect January 1, 2009.

Approved: June 11, 2008

Effective Date: January 1, 2009