Assembly Bill A1235

Vetoed By Governor
2019-2020 Legislative Session

Relates to state liability for potholes on state highways

download bill text pdf

Sponsored By

Archive: Last Bill Status Via S5422 - Vetoed by Governor

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Vetoed By Governor
  • Signed By Governor

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2019-A1235 (ACTIVE) - Details

See Senate Version of this Bill:
S5422
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
2021-2022: A4139, S3899
2023-2024: S6144, S9493

2019-A1235 (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.

2019-A1235 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1235
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2019
                                ___________
 
 Introduced by M. of A. ABINANTI, SANTABARBARA, GOTTFRIED, MOSLEY, BLAKE,
   BARRON,  SOLAGES, COLTON, COOK, MALLIOTAKIS, ENGLEBRIGHT, ZEBROWSKI --
   Multi-Sponsored by -- M. of A.  ARROYO,  McDONOUGH,  PERRY,  PICHARDO,
   SIMON, THIELE -- 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04409-01-9

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