NY State Senate Bill 2023-S9497

Senate Bill S9497

2023-2024 Legislative Session

Relates to the creation of a toll-free hotline and a website where motorists can report potholes

download bill text pdf

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 16, 2024	referred to transportation

co-Sponsors

2023-S9497 (ACTIVE) - Details

See Assembly Version of this Bill:: A3131
Current Committee:: Senate Transportation
Law Section:: Transportation Law
Laws Affected:: Amd §14, Transp L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S6727, A8878
2015-2016: S1466, A965
2017-2018: S5079, A1992
2019-2020: S4189, A3502
2021-2022: S3882, A4415

2023-S9497 (ACTIVE) - Summary

Requires the department of transportation to maintain a website or webpage where users may report defects on state highways and bridges.

2023-S9497 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9497

SPONSOR: COONEY
 
TITLE OF BILL:

An act to amend the transportation law, in relation to requiring the
department of transportation to maintain a website or webpage where
users may report defects on state highways and bridges

 
PURPOSE OR GENERAL IDEA OF BILL:

To create an interactive website where motorists can report potholes.

Section 1 amends transportation law section 14 by adding a new subdivi-
sion 36 to provide that the commissioner shall establish an interactive
website by which persons may report the locations of potholes on the
state highway system, and receive, at such person's request, notifica-
tion when repairs to the reported pothole have been completed. The
commissioner shall also post the locations of each reported pothole on
such interactive website until such time as such potholes are repaired.

Section 2 is the effective date.

 
JUSTIFICATION:

The number and severity of potholes on state roads are creating an emer-
gency. Some unattended potholes have become craters. Many cars that have
driven over them have suffered tire blow-outs or more significant
damage. Additionally, cars are swerving to avoid them or stopping short,
which could result in serious accidents.

While the Department of Transportation has a pothole hotline, New York
should follow the lead of other states that use the current technology
to post the location of each reported pothole to alert motorists to the
location of these potholes.

The proposed interactive website would allow drivers to assist the
Department in identifying and prioritizing work and allow them to avoid
potholes that have been reported. This interactive website could prevent
many accidents from occurring and damage to cars.

 
PRIOR LEGISLATIVE HISTORY:  2021-22: S.3882A Passed Senate

2020:S.4189A Reported and Committed to Finance

2019:S.4189A Passed Senate, died in Assembly

2018:S.5079 vetoed Memo. 353; same as Al 992

2016:A965A passed Assembly; same as S1466-A referred to transportation;

2014:A8878 referred to transportation; same as S6727 (Kennedy) referred
to transportation

 
FISCAL IMPLICATIONS:

Minimal and may be covered by existing DOT appropriations

 
EFFECTIVE DATE:
120 days after it shall have become law

2023-S9497 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9497
 
                             I N  S E N A T E
 
                               May 16, 2024
                                ___________
 
 Introduced  by Sens. COONEY, HARCKHAM -- read twice and ordered printed,
   and when printed to be committed to the Committee on Transportation
 
 AN ACT to amend the transportation law, in  relation  to  requiring  the
   department  of  transportation  to maintain a website or webpage where
   users may report defects on state highways and bridges

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 14 of the transportation law is amended by adding a
 new subdivision 37 to read as follows:
   37.  (A)  THE  DEPARTMENT  SHALL MAINTAIN A TOLL-FREE TWENTY-FOUR HOUR
 DEFECT-REPORTING HOTLINE AND SHALL DEVELOP AND MAKE AVAILABLE A WEBSITE,
 OR DEVELOP AND MAKE AVAILABLE A PAGE ON ITS WEBSITE:
   (I) PROVIDING AN OPPORTUNITY FOR WEBSITE USERS TO  REPORT  DEFECTS  ON
 STATE  HIGHWAYS  AND  BRIDGES,  AS WELL AS ANY OTHER ARTERIES WITHIN THE
 DEPARTMENT'S JURISDICTION; AND
   (II) PROVIDING  A  WEB  MAPPING  SERVICE  APPLICATION  DISPLAYING  THE
 LOCATIONS  OF THE REPORTED DEFECTS AND ANY DEPARTMENTAL ACTIONS RESPOND-
 ING TO AND REMEDYING THE REPORTED DEFECTS. MAPPING SERVICE  APPLICATIONS
 SHALL INCLUDE ANY ADDITIONAL INFORMATION THE DEPARTMENT DEEMS NECESSARY.
   (B)  THE  WEBSITE SHALL (I) MAKE PROVISION FOR EACH DEFECT REPORTER TO
 PROVIDE THEIR NAME, AS WELL AS AN ELECTRONIC MAIL ADDRESS  OR  TELEPHONE
 NUMBER  AT  WHICH  THE  REPORTER CAN BE CONTACTED BY THE DEPARTMENT WITH
 UPDATES ON THE DEFECT REPORTED, THOUGH ANONYMOUS REPORTING SHALL ALSO BE
 PERMITTED;
   (II) TRACK AND PRESERVE DEFECTS REPORTED IN LIST AND MAP FORMAT; AND
   (III) PROVIDE AN OPTION FOR  REPORTING  OF  REGION-  AND  HIGHWAY-WIDE
 DEFECTS AS WELL AS SPECIFIC DEFECTS ALONG MORE PARTICULARIZED LOCATIONS,
 INCLUDING, WITHOUT LIMITATION, MILE MARKERS.
   (C)  THE LISTING AND MAP SHALL BE UPDATED NO LESS THAN ONCE EVERY FIVE
 DAYS TO REFLECT ANY DEFECTS  REPORTED  AND  REPAIRS  MADE.  DEFECTS  AND
 REPAIRS  REPORTED  SHALL  BE  PRESERVED  FOR  A MINIMUM OF THREE HUNDRED
 SIXTY-FIVE DAYS FROM THE TIME OF REPORTING OR REPAIR.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05971-04-4
 S. 9497                             2

 
   (D) THE DEPARTMENT MAY COLLECT AND REPORT SUCH ADDITIONAL  INFORMATION
 AND  ISSUES WITH RESPECT TO HIGHWAY AND BRIDGE CONDITIONS AND DEFECTS AS
 IT DEEMS NECESSARY.
   (E) THE DEPARTMENT SHALL ALSO ENABLE PERSONS TO REPORT DEFECTS LOCATED
 ON THE STATE THRUWAY SYSTEM ON THIS INTERACTIVE WEBSITE AND APPLICATION,
 AND  IS AUTHORIZED AND DIRECTED TO COORDINATE WITH THE THRUWAY AUTHORITY
 IN CREATING OR MODIFYING THE  INTERACTIVE  WEBSITE  AND  APPLICATION  TO
 SHARE, OR ENABLE THE THRUWAY AUTHORITY TO RECEIVE, REPORTS OF DEFECTS IN
 LOCATIONS  FOR  WHICH  IT  IS RESPONSIBLE NO MORE THAN TWENTY-FOUR HOURS
 AFTER THE DEFECT IS  REPORTED. THE DEPARTMENT IS AUTHORIZED  TO  PROVIDE
 THE  THRUWAY  AUTHORITY  WITH  JOINT  ACCESS TO MAINTAIN AND MONITOR THE
 INTERACTIVE WEBSITE AND APPLICATION,  AND MAY ENTER INTO A  COST-SHARING
 ARRANGEMENT WITH THE AUTHORITY.
   (F)  TO  THE  EXTENT  PRACTICABLE,  THE  DEPARTMENT  SHALL COMMUNICATE
 DEFECTS REPORTED TO ITS INTERACTIVE WEBSITE AND  APPLICATION  ON  COUNTY
 ROADS  AND TOWN HIGHWAYS TO THE LOCAL OFFICIAL RESPONSIBLE FOR SUCH ROAD
 OR HIGHWAY.  THE COMMISSIONER SHALL DISCUSS ANY DIFFICULTIES ENCOUNTERED
 BY SUCH COMMISSIONER IN IMPLEMENTING THIS  PARAGRAPH  DURING  THE  JOINT
 LEGISLATIVE BUDGET HEARING CONVENED PURSUANT TO ARTICLE VII OF THE STATE
 CONSTITUTION AND SECTION THIRTY-ONE OF THE LEGISLATIVE LAW, BEGINNING NO
 LATER  THAN  THE  HEARING  TO BE SCHEDULED IN CALENDAR YEAR TWO THOUSAND
 TWENTY-FIVE.
   (G) NOTHING IN THIS AUTHORIZATION SHALL PRECLUDE THE  DEPARTMENT  FROM
 PERMITTING  DEFECTS UNRELATED TO THE ROAD AND HIGHWAY NETWORK FROM BEING
 REPORTED TO THIS WEBSITE OR APPLICATION.
   (H) IDENTIFYING INFORMATION FOR THE DEFECT REPORTER  SHALL  BE  EXEMPT
 FROM  THE PROVISIONS OF SECTION EIGHTY-SEVEN OF THE PUBLIC OFFICERS LAW,
 AND SHALL NOT BE SHARED BY THE DEPARTMENT OR THRUWAY  AUTHORITY  OR  ANY
 ENTITY  WITH  WHOM THE DEPARTMENT OR AUTHORITY CONTRACTS IN IMPLEMENTING
 THIS LEGISLATION.
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.

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Senate Bill S9497

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Sponsored By

Jeremy A. Cooney