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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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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.
| Date | Body | Type |
|---|---|---|
| Jan. 17, 2017 | Senate | Hearing |
| Feb. 16, 2017 | Senate | Floor Vote |
Feb. 16, 2017: Inexpedient to Legislate, MA, VV === BILL KILLED ===; 02/16/2017; SJ 6
Feb. 16, 2017: Sen. Bradley Moved Inexpedient to Legislate; 02/16/2017; SJ 6
Feb. 16, 2017: Ought to Pass: RC 10Y-14N, MF; 02/16/2017; SJ 6
Feb. 16, 2017: Sen. D'Allesandro Moved Ought to Pass; 02/16/2017 SJ 6
Feb. 16, 2017: Inexpedient to Legislate, DIV 9Y-9N, MF; 02/16/2017; SJ 6
Feb. 16, 2017: Committee Report: Inexpedient to Legislate, 02/16/2017; SC 10
Jan. 17, 2017: Hearing: 01/17/2017, Room 103, LOB, 01:45 pm; SC 6
Jan. 5, 2017: Introduced 01/05/2017 and Referred to Transportation; SJ 4