Senate Bill S6144

2023-2024 Legislative Session

Provides for state liability for potholes on state highways

download bill text pdf

Sponsored By

Current Bill Status - Stricken

  • 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-S6144 (ACTIVE) - Details

Law Section:
Highway Law
Laws Affected:
Amd §58, Hway L
Versions Introduced in Other Legislative Sessions:
2017-2018: S8422
2019-2020: S671, S5422, S7913
2021-2022: S3899

2023-S6144 (ACTIVE) - Summary

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

2023-S6144 (ACTIVE) - Sponsor Memo

2023-S6144 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6144
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 30, 2023
                                ___________
 
 Introduced by Sens. KENNEDY, HARCKHAM, HINCHEY -- read twice and ordered
   printed,  and  when printed to be committed to the Committee on Trans-
   portation
 
 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
 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

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