Senate Bill S9493

2023-2024 Legislative Session

Provides for state liability for potholes on state highways

download bill text pdf

Sponsored By

Current 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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2023-S9493 (ACTIVE) - Details

Current Committee:
Senate Transportation
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-S9493 (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-S9493 (ACTIVE) - Sponsor Memo

2023-S9493 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9493
 
                             I N  S E N A T E
 
                               May 16, 2024
                                ___________
 
 Introduced  by Sens. COONEY, 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
                       [ ] is old law to be omitted.
                                                            LBD07147-01-3

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