NY State Senate Bill 2021-S7391

Senate Bill S7391

2021-2022 Legislative Session

Relates to the liability of the state for damages to persons caused by defects in state highways

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Archive: Last Bill Status - In Senate Committee Transportation 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 21, 2022	notice of committee consideration - requested
Jan 05, 2022	referred to transportation
Sep 22, 2021	referred to rules

co-Sponsors

2021-S7391 (ACTIVE) - Details

See Assembly Version of this Bill:: A8577
Current Committee:: Senate Transportation
Law Section:: Highway Law
Laws Affected:: Amd §58, Hway L
Versions Introduced in 2023-2024 Legislative Session:: S2245, A5602

2021-S7391 (ACTIVE) - Summary

Imposes liability on the state for damages to persons caused by defects in state highways year round.

2021-S7391 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7391

SPONSOR: WEIK
 
TITLE OF BILL:

An act to amend the highway law, in relation to the liability of the
state for damages to persons caused by defects in state highways

 
PURPOSE:

To ensure the State is liable to damages caused as a result of the
conditions of the state's highways and roadways year-round.

 
SUMMARY OF PROVISIONS:

Section 1 amends section 58 of the highway law by removing the provision
of the law which says the State is not liable for damages based on
defects in state highways between November 1 and May 15.

Section 2 sets forth an immediate effective date.

 
EXISTING LAW:

The State is liable for damages caused by defects in in the state high-
ways except between November 1 and May 15 annually.

 
JUSTIFICATION:

Our State roadways are in dire need of repair, in particular major
portions of the Long Island Expressway (LIE) in Suffolk County. The LIE
is littered with potholes for miles, particularly in areas surrounding
the exits and entrances on and off the LIE. Motorists are regularly
having to drive at reduced speeds, and having to make split second turns
and decisions, to avoid the major potholes that have developed over
time.

The State Highway Law provides that the State is liable for damages
caused by the state of its roadways, but only during the warmer summer
months. Presumably, the State sought to limit its liability in the
winter months when more pot holes occur, however, limiting motorists
ability to be reimbursed for damages for only certain times of the year
is unfair to the motorists whose vehicles are damaged throughout the
year. This bill will hold the state liable for damages year-round to
compensate drivers for the damage that done to their vehicles.

 
LEGISLATIVE HISTORY:

2021: New bill

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S7391 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7391
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                            September 22, 2021
                                ___________
 
 Introduced  by  Sen.  WEIK  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the highway law, in relation to  the  liability  of  the
   state for damages to persons caused by defects in state 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  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.
 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.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11667-01-1

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Senate Bill S7391

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Sponsored By

Alexis Weik