SENATE COMMUNITY AFFAIRS COMMITTEE

STATEMENT TO

SENATE, No. 1172

STATE OF NEW JERSEY

DATED: SEPTEMBER 19, 1996

      The Senate Community Affairs Committee reports favorably Senate Bill No. 1172.

      This bill would amend N.J.S.59:4-5 to provide that neither a public entity nor a public employee will 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 devices. 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 Tort Claims 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.

      Assembly Bill No. 867, which also was favorably reported by the committee on September 19, 1996 with committee amendments, is identical to this bill.