A09496 Summary:

BILL NO    A09496 

SAME AS    SAME AS S06702-B

SPONSOR    Abinanti

COSPNSR    

MLTSPNSR   

Amd S58, Hway L

Relates to the liability of the state to any person who suffers damage as a
result of a defect in a state highway.
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A09496 Actions:

BILL NO    A09496 

05/05/2014 referred to transportation
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A09496 Votes:

There are no votes for this bill in this legislative session.
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A09496 Memo:

BILL NUMBER:A9496

TITLE OF BILL:  An act to amend the highway law, in relation to state
liability for defects in highways

PURPOSE: This bill expands the state's liability for defects in state
highways, to provide a limited level of liability for damages suffered
by individuals outside of the first day of May and the fifteenth day
of November.

SUMMARY OF PROVISIONS:

Section 1 of the bill amends section 58 of the state highway law to
expand the states liability for defects in state highways, to provide
a limited a level of liability for damages suffered by individuals
outside of the first day of May and the fifteenth day of November.

Section 2 is the effective date.

JUSTIFICATION: Under current law, individuals who suffer damages due
to defects in state highways may pursue these damages only if the
incident occurred within the first day of May to November 15,
regardless of how egregious or unreasonable the defect may be. Recent
reports of three-foot wide potholes and other seemingly unreasonable
defects in state highways highlight the need to modify this statute
and provide for more flexibility to better protect New York State
motorists.

This bill allows for individuals to pursue damages from the state for
egregious or unreasonable defects in state roads all year, while
preserving the current liability standard of defects from May to
November. This bill continues to protect the state from frivolous or
unreasonable lawsuits, while ensuring New York State taxpayers do not
have to pay out-of-pocket for damages caused by an affirmative act of
negligence by the state or similarly unreasonable defect in a state
highway.

LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: This act shall take effect immediately.
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A09496 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         9496

                                 I N  A S S E M B L Y

                                      May 5, 2014
                                      ___________

       Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
         tee on Transportation

       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:

    1    Section  1.  Section 58 of the highway law, as amended by chapter 1110
    2  of the laws of 1971, is amended to read as follows:
    3    S 58. Liability of state for damages. The state shall [not] be  liable
    4  for  damages  suffered  by  any  person from defects in state highways[,
    5  except] MAINTAINED BY THE STATE UNDER SUCH SYSTEM AS THE COMMISSIONER OF
    6  TRANSPORTATION MAY ADOPT PURSUANT TO SECTION TWELVE OF THIS CHAPTER  (1)
    7  between  the first day of May and the fifteenth day of November [on such
    8  highways as are maintained by the state under such system as the commis-
    9  sioner of transportation may adopt pursuant to section twelve, but  the]
   10  AND  (2)  BETWEEN THE SIXTEENTH DAY OF NOVEMBER AND THE THIRTIETH DAY OF
   11  APRIL FOR DEFECTS FOR WHICH IT HAS BEEN  GIVEN  ACTUAL  OR  CONSTRUCTIVE
   12  NOTICE.  THE  liability  for  such damages shall otherwise remain as now
   13  provided by law, notwithstanding the  construction  or  improvement  and
   14  maintenance  of such highways by the state under this chapter; but noth-
   15  ing herein contained shall be construed  to  impose  on  the  state  any
   16  liability  for  defects  in bridges over which the state has no control.
   17  Within the limits of incorporated villages the state  shall  maintain  a
   18  width of pavement equal to the width of pavement constructed or improved
   19  at  the  expense  of  the state, if a state highway, the location of the
   20  state's portion of such roadway within said incorporated  limits  to  be
   21  determined  by  the  center line of the roadway as shown on the plans on
   22  file with the department of transportation and the state shall be liable
   23  for damages to persons or property only when such damage shall occur  as
   24  a  result  of the defective condition of the portion of improved highway
   25  as above described.
   26    S 2. This act shall take effect immediately and  shall  apply  to  any
   27  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.
                                                                  LBD14972-02-4
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