Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Apr 25, 2017 |
referred to judiciary |
Assembly Bill A7387
2017-2018 Legislative Session
Sponsored By
GJONAJ
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
Actions
co-Sponsors
Clyde Vanel
Pamela Harris
Marcos Crespo
Walter T. Mosley
multi-Sponsors
Peter Abbate
Dov Hikind
Fred Thiele
2017-A7387 (ACTIVE) - Details
- Current Committee:
- Assembly Judiciary
- Law Section:
- Highway Law
- Laws Affected:
- Amd §58, Hway L
2017-A7387 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7387 2017-2018 Regular Sessions I N A S S E M B L Y April 25, 2017 ___________ Introduced by M. of A. GJONAJ -- read once and referred to the Committee on Judiciary AN ACT to amend the highway law, in relation to liability of state for damages 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: § 58. Liability of state for damages. The state shall [not] be liable for damages suffered EITHER by any person OR TO HIS OR HER PROPERTY 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. THE STATE SHALL REIMBURSE ANY PERSON FOR DAMAGES SUFFERED BY HIM OR HER OR TO HIS OR HER PROPERTY WHICH WERE INCURRED ON SUCH HIGHWAYS AS ARE MAINTAINED BY THE STATE. PROPERTY DAMAGES SHALL BE LIMITED TO THE VALUE OF THE REPAIRS MADE BY A CERTIFIED AUTOMOTIVE TECHNICIAN. THE BURDEN OF PROOF LIES WITH THE PERSON WHO SUFFERED THE DAMAGE TO SHOW THE STATE WAS AWARE OF AND ACKNOWLEDGED THE DEFECT AND FAILED TO CORRECT IT WITHIN A REASONABLE AMOUNT OF TIME. FOR PURPOSES OF THIS SECTION, REASONABLE AMOUNT OF TIME SHALL MEAN A MAXIMUM OF TWO WEEKS. 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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