SB34 (2017) Detail

Relative to recovery of costs for damage done to highways.


SB 34  - AS INTRODUCED

 

 

2017 SESSION

17-0865

06/01

 

SENATE BILL 34

 

AN ACT relative to recovery of costs for damage done to highways.

 

SPONSORS: Sen. D'Allesandro, Dist 20

 

COMMITTEE: Transportation

 

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ANALYSIS

 

This bill makes any person who damages a highway or highway protection equipment strictly liable for certain indirect costs and for labor and benefits costs.

 

This bill is a request of the department of transportation.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

17-0865

06/01

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Seventeen

 

AN ACT relative to recovery of costs for damage done to highways.

 

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

 

1  Liability for Injury to Highways; 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 or of any highway protection equipment [which renders it unsuitable for public travel], he or she shall be strictly liable:

I. To the state for all damages to the highway, including replacement costs of protective barriers, when maintained by the state, indirect costs pursuant to an indirect cost recovery plan approved by the commissioner of administrative services under RSA 21-I:75, and labor and benefits costs[,], or

II.  To the municipality for all damages to a highway, including replacement costs of protective barriers, when maintained by the municipality; and

III. 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.

2  Effective Date.  This act shall take effect January 1, 2018.

Links

SB34 at GenCourtMobile

Action Dates

Date Body Type
Jan. 17, 2017 Senate Hearing
Feb. 16, 2017 Senate Floor Vote

Bill Text Revisions

SB34 Revision: 1353 Date: Jan. 24, 2017, 10:38 a.m.

Docket

Date Status
Jan. 5, 2017 Introduced 01/05/2017 and Referred to Transportation; SJ 4
Jan. 17, 2017 Hearing: 01/17/2017, Room 103, LOB, 01:45 pm; SC 6
Feb. 16, 2017 Committee Report: Inexpedient to Legislate, 02/16/2017; SC 10
Feb. 16, 2017 Inexpedient to Legislate, DIV 9Y-9N, MF; 02/16/2017; SJ 6
Feb. 16, 2017 Sen. D'Allesandro Moved Ought to Pass; 02/16/2017 SJ 6
Feb. 16, 2017 Ought to Pass: RC 10Y-14N, MF; 02/16/2017; SJ 6
Feb. 16, 2017 Sen. Bradley Moved Inexpedient to Legislate; 02/16/2017; SJ 6
Feb. 16, 2017 Inexpedient to Legislate, MA, VV === BILL KILLED ===; 02/16/2017; SJ 6