SENATE COMMUNITY AFFAIRS COMMITTEE

STATEMENT TO

ASSEMBLY, No. 867

with committee amendments

STATE OF NEW JERSEY

DATED: SEPTEMBER 19, 1996

      The Senate Community Affairs Committee reports favorably Assembly Bill No. 867 with committee amendments .

      As amended by the committee, this bill would amend N.J.S.59:4-5 to provide that neither a public entity nor a public employee would be liable for injury proximately caused by the failure to replace or maintain ordinary traffic signals, signs, markings or other devices. It would also amend N.J.S.59:4-4 (concerning emergency signs) to provide that a public entity will not be liable for injury proximately caused by its failure to replace or maintain ordinary traffic signals, signs, markings or other device. Currently the law provides that a public entity may be liable for injury proximately caused by its failure to provide emergency signals, signs, markings or other devices under certain circumstances set forth in N.J.S.59:4-4. This bill does not change that provision.

      In Civalier by Civalier v. Estate of Trancucci, 138 N.J. 52 (1994), the New Jersey Supreme court ruled in a 4-2 decision that N.J.S.59:4-4 of the "New Jersey Torts Claim Act" imposes liability on a public entity for its failure to replace a missing stop sign if a motorist's reliance on the previous presence of the sign caused injury. This bill would modify the results of that holding.

      The committee amended the bill to delete a provision from the bill that would have imposed liability on a public entity if the entity had actual or constructive knowledge of the absence of signals, signs, markings or other devices and its actions or failure to act were palpably unreasonable.

      With these amendments, this bill is identical to Senate Bill No. 1172 which was also favorably reported by the committee on September 19, 1996.