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2010 Senate Bill 1475: Undo “two inch sidewalk crack” court ruling
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- Introduced by Sen. Wayne Kuipers (R) on September 7, 2010, to revise the law that establishes the extent to which a person can sue a local government or officials for failure to perform a governmental function. The bill would reverse the effect of a recent Supreme Court case related to sidewalk cracks. The court held that a statute establishing that a government is liable only for a sidewalk defect or “discontinuity” greater than two inches applies only to county roads. The bill would extend this to a sidewalk adjacent to “any municipal, county or state” highway, street or road.
- Referred to the Senate Judiciary Committee on September 7, 2010.
- Reported in the Senate on November 9, 2010, with the recommendation that the substitute (S-1) be adopted and that the bill then pass.
- Substitute offered in the Senate on November 9, 2010, to replace the previous version of the bill with one that revises details but does not change the substance as previously described. The substitute passed by voice vote in the Senate on November 9, 2010.
- Referred to the Senate Judiciary Committee on September 7, 2010.
- Passed 33 to 5 in the Senate on November 9, 2010, to revise the law that establishes the extent to which a person can sue a local government or officials for failure to perform a governmental function. The bill would reverse the effect of a recent Supreme Court case related to sidewalk cracks. The court held that a statute establishing that a government is liable only for a sidewalk defect or “discontinuity” greater than two inches applies only to county roads. The bill would extend this to a sidewalk adjacent to “any municipal, county or state” highway, street or road.
Who Voted "Yes" and Who Voted "No" - Received in the House on November 9, 2010.
- Referred to the House Judiciary Committee on November 9, 2010.
Comments
1) Re: 2010 Senate Bill 1475 (Undo “two inch sidewalk crack” court ruling ) by albaby2 on November 11, 2010What pushed this legislation? Where will the repair and insurance money come from? I'd suggest making our legislators part time employees and reducing their salarys and benefits. I know there will be a new position of crack inspector/ measurer coming up. Can I apply? Perhaps we could just put up a "cracked sidewalk" sign like the rough road signs or maybe sidewalk may be cracked signs like the slippery when wet and bridge may be icy signs? Might be a good way to recycle the "investment and recovery act" signs.
Introduced in the Senate on September 7, 2010, to revise the law that establishes the extent to which a person can sue a local government or officials for failure to perform a governmental function. The bill would reverse the effect of a recent Supreme Court case related to sidewalk cracks. The court held that a statute establishing that a government is liable only for a sidewalk defect or “discontinuity” greater than two inches applies only to county roads. The bill would extend this to a sidewalk adjacent to “any municipal, county or state” highway, street or road
The vote was 33 in favor, 5 opposed and 0 not voting
(Senate Roll Call 519 at Senate Journal 0)
Click here to view bill details.
