S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4280
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               March 6, 2019
                                ___________
 
 Introduced  by Sen. CARLUCCI -- 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 liability of  the  state
   for  damages caused by reported defects and potholes; and to amend the
   transportation law, in relation to establishing an interactive website
   for reporting defects and potholes on the  state  highway  system  and
   thruway
 
   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 by  any  person  from  defects  in  state  highways
 BETWEEN  THE  SIXTEENTH DAY OF NOVEMBER AND THE LAST DAY OF APRIL EXCEPT
 WHEN THE DEFECT FOUND TO CAUSE THE DAMAGES WAS REPORTED BY TELEPHONE  OR
 BY  AN ONLINE REPORT SUBMITTED TO THE TELEPHONE NUMBER OR WEBSITE DESIG-
 NATED BY THE DEPARTMENT TO RECEIVE SUCH REPORTS AND FOURTEEN  DAYS  HAVE
 ELAPSED  FROM  THE  DATE THE INITIAL REPORT WAS SUBMITTED AND THE DEFECT
 WAS NOT REPAIRED AND, 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,   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03611-01-9

 S. 4280                             2
 
 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.
   §  2.  Section 14 of the transportation law is amended by adding a new
 subdivision 36 to read as follows:
   36. THE COMMISSIONER SHALL ESTABLISH AN INTERACTIVE WEBSITE  BY  WHICH
 PERSONS  MAY  REPORT  THE LOCATIONS OF DEFECTS AND POTHOLES ON THE STATE
 HIGHWAY SYSTEM AND THE NEW YORK  STATE  THRUWAY  AND  RECEIVE,  AT  SUCH
 PERSON'S  REQUEST,  NOTIFICATION  WHEN REPAIRS TO THE REPORTED DEFECT OR
 POTHOLE HAVE BEEN  COMPLETED.  THE  COMMISSIONER  SHALL  ALSO  POST  THE
 LOCATIONS OF EACH REPORTED DEFECT OR POTHOLE ON SUCH INTERACTIVE WEBSITE
 UNTIL SUCH TIME AS SUCH DEFECT OR POTHOLE IS REPAIRED.
   § 3. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.  Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.