senate Bill S6702B

2013-2014 Legislative Session

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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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 02, 2014 print number 6702b
amend (t) and recommit to transportation
Apr 23, 2014 print number 6702a
amend and recommit to transportation
Feb 28, 2014 referred to transportation

Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

S6702 - Bill Details

See Assembly Version of this Bill:
A9496
Current Committee:
Law Section:
Highway Law
Laws Affected:
Amd §58, Hway L

S6702 - Bill Texts

view summary

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

view 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.

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                    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

S6702A - Bill Details

See Assembly Version of this Bill:
A9496
Current Committee:
Law Section:
Highway Law
Laws Affected:
Amd §58, Hway L

S6702A - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S6702A

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 full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6702--A

                            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

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 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  trans-
portation  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 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14211-02-4

S6702B (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A9496
Current Committee:
Law Section:
Highway Law
Laws Affected:
Amd §58, Hway L

S6702B (ACTIVE) - Bill Texts

view summary

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

view 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 full text
download pdf
                    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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