2010 Senate Bill 1475

Undo “two inch sidewalk crack” court ruling

Introduced in the Senate

Sept. 7, 2010

Introduced by Sen. Wayne Kuipers (R-30)

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 Committee on Judiciary

Nov. 9, 2010

Reported without amendment

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

Substitute offered

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

Passed in the Senate 33 to 5 (details)

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.

Received in the House

Nov. 9, 2010

Referred to the Committee on Judiciary