senate Bill S5422

2019-2020 Legislative Session

Relates to state liability for potholes on state highways

download bill text pdf

Sponsored By

Current Bill Status - Passed Senate & Assembly


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

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Actions

view actions (11)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 20, 2019 returned to senate
passed assembly
ordered to third reading cal.223
substituted for a1235
referred to codes
delivered to assembly
passed senate
ordered to third reading cal.1822
committee discharged and committed to rules
May 30, 2019 reported and committed to finance
Apr 30, 2019 referred to transportation

Votes

view votes

Jun 20, 2019 - Rules committee Vote

S5422
18
0
committee
18
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Rules committee vote details

May 30, 2019 - Transportation committee Vote

S5422
13
1
committee
13
Aye
1
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Transportation committee vote details

Transportation Committee Vote: May 30, 2019

nay (1)
aye wr (1)

Co-Sponsors

S5422 (ACTIVE) - Details

See Assembly Version of this Bill:
A1235
Law Section:
Highway Law
Laws Affected:
Amd §58, Hway L
Versions Introduced in Other Legislative Sessions:
2013-2014: A9883
2015-2016: A425
2017-2018: S8422, A910

S5422 (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.

S5422 (ACTIVE) - Sponsor Memo

S5422 (ACTIVE) - Bill Text download pdf


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

                                  5422

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                             April 30, 2019
                               ___________

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  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:
  §  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.
  § 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

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