[Second Reprint]

ASSEMBLY, No. 867

STATE OF NEW JERSEY

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Assemblymen MALONE, ARNONE, Senators Connors and Singer

An Act clarifying the liability of public entities under certain circumstances and amending N.J.S.59:4-4 ²[and N.J.S.59:4-5]².

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

    1. N.J.S.59:4-4 is amended to read as follows:

    59:4-4. Failure to provide emergency warning signals.

    a. Subject to section 59:4-2 of this act, a public entity shall be liable for injury proximately caused by its failure to provide emergency signals, signs, markings or other devices if such devices were necessary to warn of a dangerous condition which endangered the safe movement of traffic and which would not be reasonably apparent to, and would not have been anticipated by, a person exercising due care.

    b. Nothing in this section shall be construed to impose liability upon a public entity for injury proximately caused by its failure to replace or maintain ordinary traffic signals, signs, markings or other devices ¹[, unless the public entity had actual or constructive knowledge of the absence of such ordinary traffic signals, signs, markings or other devices and its actions or failure to act are palpably unreasonable]^{1 2}unless the public entity has actual knowledge that the signals, signs, markings, or other devices have been removed, destroyed, damaged, or rendered ineffective and failed to act as a reasonable person exercising due care².

(cf: N.J.S.59:4-4)

    ²[2. N.J.S.59:4-5 is amended to read as follows:

    59:4-5. Failure to provide ordinary traffic signals--immunity.

    Neither a public entity nor a public employee is liable under this chapter for an injury caused by the failure to provide, replace or maintain ordinary traffic signals, signs, markings or other similar devices ¹[,unless the public entity had actual or constructive knowledge of the absence of such ordinary traffic signals, signs, markings or other devices and its actions or failure to act are palpably unreasonable]¹.

(cf: N.J.S.59:4-5)]²

    ²[3.] 2.² This act shall take effect immediately.

Clarifies certain immunities granted by the "New Jersey Tort Claims Act" to public entities.