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Assembly Bill A9883A

2013-2014 Legislative Session

Relates to state liability for potholes on state highways

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Archive: Last Bill Status - On Floor Calendar

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Bill Amendments

2013-A9883 - Details

Law Section:
Highway Law
Laws Affected:
Amd §58, Hway L
Versions Introduced in Other Legislative Sessions:
2015-2016: A425
2017-2018: A910
2019-2020: A1235, A9668
2021-2022: A4139
2025-2026: A8056

2013-A9883 - Summary

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

2013-A9883 - Bill Text download pdf 

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

                                  9883

                          I N  A S S E M B L Y

                              May 27, 2014
                               ___________

Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
  tee on Judiciary

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
liability  for  such  damages  shall otherwise remain as now provided by
law] 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,  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 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.
                                                           LBD15409-01-4

2013-A9883A (ACTIVE) - Details

Law Section:
Highway Law
Laws Affected:
Amd §58, Hway L
Versions Introduced in Other Legislative Sessions:
2015-2016: A425
2017-2018: A910
2019-2020: A1235, A9668
2021-2022: A4139
2025-2026: A8056

2013-A9883A (ACTIVE) - Summary

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

2013-A9883A (ACTIVE) - Bill Text download pdf 

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

                                 9883--A

                          I N  A S S E M B L Y

                              May 27, 2014
                               ___________

Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
  tee  on  Judiciary  --  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 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, but
the liability for such damages shall otherwise remain as now provided by
law] MAINTAINED BY THE STATE UNDER SUCH SYSTEM AS  THE  COMMISSIONER  OF
TRANSPORTATION  MAY  ADOPT  PURSUANT  TO SECTION TWELVE OF THIS CHAPTER,
PROVIDED THE STATE HAS RECEIVED ACTUAL OR CONSTRUCTIVE  NOTICE  OF  SUCH
DEFECTS, 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 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.
                                                           LBD15409-02-4

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