Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
May 02, 2014 |
print number 6702b |
May 02, 2014 |
amend (t) and recommit to transportation |
Apr 23, 2014 |
print number 6702a |
Apr 23, 2014 |
amend and recommit to transportation |
Feb 28, 2014 |
referred to transportation |
Senate Bill S6702B
2013-2014 Legislative Session
Sponsored By
(D, WF) Senate District
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
Actions
Bill Amendments
2013-S6702 - Details
- See Assembly Version of this Bill:
- A9496
- Current Committee:
- Senate Transportation
- Law Section:
- Highway Law
- Laws Affected:
- Amd §58, Hway L
- Versions Introduced in Other Legislative Sessions:
-
2015-2016:
S747
2017-2018: S5078
2019-2020: S570
2013-S6702 - Sponsor Memo
BILL NUMBER:S6702 TITLE OF BILL: An act to amend the highway law, in relation to the liability of the state for damages suffered due to defects in state highways PURPOSE: This bill expands the state's liability for defects in state highways, to provide a limited level of liability for damages suffered by individuals outside of the first day of May and the fifteenth day of November. SUMMARY OF PROVISIONS: Section 1: amends section 58 of the state highway law to expand the states liability for defects in state highways, to provide limited a level of liability for damages suffered by individuals outside of the first day of May and the fifteenth day of November. Section 2: sets the effective date. JUSTIFICATION: Under current law, individuals who suffer damages due to defects in state highways may pursue these damages only if the incident occurred within the first day of May to November 15, regardless of how egregious or unreasonable the defect may be. Recent reports of three-foot wide potholes and other seemingly unreasonable defects in state highways has prompted us to revisit this statute and provide for more flexibility to better protect New York State
2013-S6702 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6702 I N S E N A T E February 28, 2014 ___________ 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 the liability of the state for damages suffered due to 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: S 58. Liability of state for damages. The state shall not be liable for damages suffered by any person FROM REASONABLY ANTICIPATED DEFECTS IN STATE HIGHWAYS, EXCEPT THE STATE SHALL BE LIABLE FOR DEFECTS FOR WHICH IT HAS BEEN GIVEN ACTUAL OR CONSTRUCTIVE NOTICE 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 with- in said incorporated limits to be determined by the center line of the 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. S 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14211-01-4
2013-S6702A - Details
- See Assembly Version of this Bill:
- A9496
- Current Committee:
- Senate Transportation
- Law Section:
- Highway Law
- Laws Affected:
- Amd §58, Hway L
- Versions Introduced in Other Legislative Sessions:
-
2015-2016:
S747
2017-2018: S5078
2019-2020: S570
2013-S6702A - Sponsor Memo
BILL NUMBER:S6702A TITLE OF BILL: An act to amend the highway law, in relation to the liability of the state for damages suffered due to defects in state highways PURPOSE: This bill expands the state's liability for defects in state highways, to provide a limited level of liability for damages suffered by individuals outside of the first day of May and the fifteenth day of November. SUMMARY OF PROVISIONS: Section 1: amends section 58 of the state highway law to expand the states liability for defects in state highways, to provide limited a level of liability for damages suffered by individuals outside of the first day of May and the fifteenth day of November. Section 2: sets the effective date. JUSTIFICATION: Under current law, individuals who suffer damages due to defects in state highways may pursue these damages only if the incident occurred
2013-S6702A - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6702--A I N S E N A T E February 28, 2014 ___________ Introduced by Sen. KENNEDY -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation -- commit- tee discharged, bill amended, ordered reprinted as amended and recom- mitted to said committee AN ACT to amend the highway law, in relation to the liability of the state for damages suffered due to 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: S 58. Liability of state for damages. The state shall not be liable for damages suffered by any person from REASONABLY ANTICIPATED defects in state highways, except THE STATE SHALL BE LIABLE FOR DEFECTS FOR WHICH IT HAS BEEN GIVEN ACTUAL OR CONSTRUCTIVE NOTICE 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 trans- portation 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. S 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14211-02-4
2013-S6702B (ACTIVE) - Details
- See Assembly Version of this Bill:
- A9496
- Current Committee:
- Senate Transportation
- Law Section:
- Highway Law
- Laws Affected:
- Amd §58, Hway L
- Versions Introduced in Other Legislative Sessions:
-
2015-2016:
S747
2017-2018: S5078
2019-2020: S570
2013-S6702B (ACTIVE) - Sponsor Memo
BILL NUMBER:S6702B TITLE OF BILL: An act to amend the highway law, in relation to state liability for defects in highways PURPOSE: This bill expands the state's liability for defects in state highways, to provide a limited level of liability for damages suffered by individuals outside of the first day of May and the fifteenth day of November. SUMMARY OF PROVISIONS: Section 1: amends section 58 of the state highway law to expand the states liability for defects in state highways, to provide limited a level of liability for damages suffered by individuals outside of the first day of May and the fifteenth day of November. Section 2: sets the effective date. JUSTIFICATION: Under current law, individuals who suffer damages due to defects in state highways may pursue these damages only if the incident occurred within the first day of May to November 15, regardless of how egregious or unreasonable the defect may be. Recent reports of three-foot wide potholes and other seemingly unreasonable defects in state highways has prompted us to revisit this statute and provide for more flexibility to better protect New York State
2013-S6702B (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6702--B I N S E N A T E February 28, 2014 ___________ Introduced by Sen. KENNEDY -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation -- commit- tee discharged, bill amended, ordered reprinted as amended and recom- mitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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: S 58. Liability of state for damages. The state shall [not] be liable for damages suffered by any person from defects in state highways[, except] MAINTAINED BY THE STATE UNDER SUCH SYSTEM AS THE COMMISSIONER OF TRANSPORTATION MAY ADOPT PURSUANT TO SECTION TWELVE OF THIS CHAPTER (1) 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 commis- sioner of transportation may adopt pursuant to section twelve, but the] AND (2) BETWEEN THE SIXTEENTH DAY OF NOVEMBER AND THE THIRTIETH DAY OF APRIL FOR DEFECTS FOR WHICH IT HAS BEEN GIVEN ACTUAL OR CONSTRUCTIVE NOTICE. 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 noth- ing 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. S 2. This act shall take effect immediately and shall apply to any cause of action that accrues on or after such effective date.
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