S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3403
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2025
                                ___________
 
 Introduced  by  Sens.  COMRIE, HARCKHAM, MAYER -- 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 liability of the state
   for damages caused by reported defects and potholes; and to amend  the
   transportation law, in relation to establishing an interactive website
   for  reporting  defects  and  potholes on the state highway system and
   thruway
 
   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
 BETWEEN THE SIXTEENTH DAY OF NOVEMBER AND THE LAST DAY OF  APRIL  EXCEPT
 WHEN  THE DEFECT FOUND TO CAUSE THE DAMAGES WAS REPORTED BY TELEPHONE OR
 BY AN ONLINE REPORT SUBMITTED TO THE TELEPHONE NUMBER OR WEBSITE  DESIG-
 NATED  BY  THE DEPARTMENT TO RECEIVE SUCH REPORTS AND FOURTEEN DAYS HAVE
 ELAPSED FROM THE DATE THE INITIAL REPORT WAS SUBMITTED  AND  THE  DEFECT
 WAS  NOT  REPAIRED  AND,  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,  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 with-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05200-01-5
              

 S. 3403                             2
 
 in  said  incorporated limits to be determined by the center line of the
 roadway as shown on the plans on file with the department of transporta-
 tion 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.  Section 14 of the transportation law is amended by adding a new
 subdivision 37 to read as follows:
   37. THE COMMISSIONER SHALL ESTABLISH AN INTERACTIVE WEBSITE  BY  WHICH
 PERSONS  MAY  REPORT  THE LOCATIONS OF DEFECTS AND POTHOLES ON THE STATE
 HIGHWAY SYSTEM AND THE NEW YORK  STATE  THRUWAY  AND  RECEIVE,  AT  SUCH
 PERSON'S  REQUEST,  NOTIFICATION  WHEN REPAIRS TO THE REPORTED DEFECT OR
 POTHOLE HAVE BEEN  COMPLETED.  THE  COMMISSIONER  SHALL  ALSO  POST  THE
 LOCATIONS OF EACH REPORTED DEFECT OR POTHOLE ON SUCH INTERACTIVE WEBSITE
 UNTIL SUCH TIME AS SUCH DEFECT OR POTHOLE IS REPAIRED.
   § 3. 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.