Assembly Bill A9496

2013-2014 Legislative Session

Relates to state liability for potholes on state highways

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2013-A9496 (ACTIVE) - Details

See Senate Version of this Bill:
S6702
Current Committee:
Assembly Transportation
Law Section:
Highway Law
Laws Affected:
Amd §58, Hway L
Versions Introduced in Other Legislative Sessions:
2015-2016: S747
2017-2018: S5078
2019-2020: S570

2013-A9496 (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-A9496 (ACTIVE) - Bill Text download pdf 

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

                                  9496

                          I N  A S S E M B L Y

                               May 5, 2014
                               ___________

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

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.
                                                           LBD14972-02-4

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