NY State Senate Bill 2017-S5078

Senate Bill S5078

2017-2018 Legislative Session

Relates to the liability of the state to any person who suffers damage as a result of a defect in a state highway

download bill text pdf

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
Jan 03, 2018	referred to transportation
Mar 07, 2017	referred to transportation

2017-S5078 (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Highway Law
Laws Affected:: Amd §58, Hway L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S6702
2015-2016: S747
2019-2020: S570

2017-S5078 (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.

2017-S5078 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5078

 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 motorists.

This bill allows for individuals to pursue damages from the state for
egregious or unreasonable defects in state roads all year, while
preserving the current liability standard of defects from May to
November. This bill continues to protect the state from frivolous or
unreasonable lawsuits, while ensuring New York State taxpayers do not
have to pay out-of-pocket for damages caused by an affirmative act of
negligence by the state or similarly unreasonable defect in a state
highway.

 LEGISLATIVE HISTORY :

2013-14: S.6702/A9496 Referred to Transportation
2015-16: S.747 Referred to Transportation

 FISCAL IMPLICATIONS :

To be determined.

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S5078 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5078
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               March 7, 2017
                                ___________
 
 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] 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.
   §  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
                       [ ] is old law to be omitted.
                                                            LBD10455-01-7

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