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Assembly Bill A4139

2021-2022 Legislative Session

Relates to state liability for potholes on state highways

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Archive: Last Bill Status - On Floor Calendar

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2021-A4139 (ACTIVE) - Details

See Senate Version of this Bill:
S3899
Law Section:
Highway Law
Laws Affected:
Amd §58, Hway L
Versions Introduced in Other Legislative Sessions:
2013-2014: A9883
2015-2016: A425
2017-2018: A910, S8422
2019-2020: A1235, A9668, S671, S5422, S7913
2023-2024: S6144, S9493
2025-2026: A8056, S3276

2021-A4139 (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.

2021-A4139 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4139
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2021
                                ___________
 
 Introduced  by M. of A. ABINANTI, SMITH -- read once and referred to the
   Committee on Judiciary
 
 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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