senate Bill S6702

Amended

Relates to the liability of the state to any person who suffers damage as a result of a defect in a state highway

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 28 / Feb / 2014
    • REFERRED TO TRANSPORTATION
  • 23 / Apr / 2014
    • AMEND AND RECOMMIT TO TRANSPORTATION
  • 23 / Apr / 2014
    • PRINT NUMBER 6702A
  • 02 / May / 2014
    • AMEND (T) AND RECOMMIT TO TRANSPORTATION
  • 02 / May / 2014
    • PRINT NUMBER 6702B

Summary

Relates to the liability of the state to any person who suffers damage as a result of a defect in a state highway.

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Bill Details

Versions:
S6702
S6702A
S6702B
Legislative Cycle:
2013-2014
Current Committee:
Senate Transportation
Law Section:
Highway Law
Laws Affected:
Amd ยง58, Hway L

Sponsor Memo

BILL NUMBER:S6702

TITLE OF BILL: An act to amend the highway law, in relation to the
liability of the state for damages suffered due to defects in state
highways

PURPOSE: This bill expands the state's liability for defects in state
highways, to provide a limited level of liability for damages suffered
by individuals outside of the first day of May and the fifteenth day
of November.

SUMMARY OF PROVISIONS: Section 1: amends section 58 of the state
highway law to expand the states liability for defects in state
highways, to provide limited a level of liability for damages suffered
by individuals outside of the first day of May and the fifteenth day
of November.

Section 2: sets the effective date.

JUSTIFICATION: Under current law, individuals who suffer damages due
to defects in state highways may pursue these damages only if the
incident occurred within the first day of May to November 15,
regardless of how egregious or unreasonable the defect may be. Recent
reports of three-foot wide potholes and other seemingly unreasonable
defects in state highways has prompted us to revisit this statute and
provide for more flexibility to better protect New York State
motorists.

This bill allows for individuals to pursue damages from the state for
egregious or unreasonable defects in state roads all year, while
preserving the current liability standard of defects from May to
November. This bill continues to protect the state from frivolous or
unreasonable lawsuits, while ensuring New York State taxpayers do not
have to pay out-of-pocket for damages caused by an affirmative act of
negligence by the state or similarly unreasonable defect in a state
highway.

LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: This act shall take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6702

                            I N  S E N A T E

                            February 28, 2014
                               ___________

Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation

AN ACT to amend the highway law, in relation to  the  liability  of  the
  state for damages suffered due to defects in state highways

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 58 of the highway law, as amended by  chapter  1110
of the laws of 1971, is amended to read as follows:
  S  58.  Liability  of state for damages. The state shall not be liable
for damages suffered by any person FROM REASONABLY  ANTICIPATED  DEFECTS
IN  STATE  HIGHWAYS,  EXCEPT  THE  STATE SHALL BE LIABLE FOR DEFECTS FOR
WHICH IT HAS BEEN GIVEN ACTUAL OR CONSTRUCTIVE NOTICE  from  defects  in
state  highways,  except  between the first day of May and the fifteenth
day of November on such highways as are maintained by  the  state  under
such  system as the commissioner of transportation may adopt pursuant to
section twelve OF THIS CHAPTER, but the liability for such damages shall
otherwise  remain  as  now  provided   by   law,   notwithstanding   the
construction  or  improvement  and  maintenance  of such highways by the
state  under  this  chapter;  but  nothing  herein  contained  shall  be
construed  to  impose  on the state any liability for defects in bridges
over which the state has no control. Within the limits  of  incorporated
villages the state shall maintain a width of pavement equal to the width
of  pavement  constructed  or improved at the expense of the state, if a
state highway, the location of the state's portion of such roadway with-
in said incorporated limits to be determined by the center line  of  the
roadway as shown on the plans on file with the department of transporta-
tion  and  the  state shall be liable for damages to persons or property
only when such damage shall occur as a result of the defective condition
of the portion of improved highway as above described.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14211-01-4

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