senate Bill S6702B

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 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

See Assembly Version of this Bill:
A9496
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:S6702B

TITLE OF BILL: An act to amend the highway law, in relation to state
liability for defects in 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--B

                            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 --  commit-
  tee  discharged, bill amended, ordered reprinted as amended and recom-
  mitted to  said  committee  --  committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

AN  ACT  to  amend  the  highway law, in relation to state liability for
  defects in 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 defects in state highways[,
except] MAINTAINED BY THE STATE UNDER SUCH SYSTEM AS THE COMMISSIONER OF
TRANSPORTATION MAY ADOPT PURSUANT TO SECTION TWELVE OF THIS CHAPTER  (1)
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 commis-
sioner of transportation may adopt pursuant to section twelve, but  the]
AND  (2)  BETWEEN THE SIXTEENTH DAY OF NOVEMBER AND THE THIRTIETH DAY OF
APRIL FOR DEFECTS FOR WHICH IT HAS BEEN  GIVEN  ACTUAL  OR  CONSTRUCTIVE
NOTICE.  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 noth-
ing 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 within said incorporated  limits  to  be
determined  by  the  center line of the roadway as shown on the plans on
file with the department of transportation 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 and  shall  apply  to  any
cause of action that accrues on or after such effective date.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14211-04-4

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