Assembly Bill A5602

2023-2024 Legislative Session

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

download bill text pdf

Sponsored By

Current 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

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2023-A5602 (ACTIVE) - Details

See Senate Version of this Bill:
S2245
Current Committee:
Assembly Transportation
Law Section:
Highway Law
Laws Affected:
Amd §58, Hway L
Versions Introduced in 2021-2022 Legislative Session:
A8577, S7391

2023-A5602 (ACTIVE) - Summary

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

2023-A5602 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5602
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 16, 2023
                                ___________
 
 Introduced  by M. of A. SMITH -- read once and referred to the Committee
   on Transportation
 
 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.
                                                            LBD01055-01-3

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