New York State Assembly

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Bill No.:  

 
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•  Floor Votes 
 
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A01235 Summary:

BILL NO	A01235
SAME AS	SAME AS S05422
SPONSOR	Abinanti (MS)
COSPNSR	Santabarbara, Gottfried, Mosley, Blake, Barron, Solages, Colton, Cook, Malliotakis, Englebright, Zebrowski
MLTSPNSR	Arroyo, McDonough, Perry, Pichardo, Simon, Thiele, Wright
Amd §58, 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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A01235 Actions:

BILL NO	A01235
01/14/2019	referred to judiciary
04/08/2019	reported referred to codes
04/30/2019	reported
05/02/2019	advanced to third reading cal.223
06/20/2019	substituted by s5422
	S05422 AMEND= KENNEDY
	04/30/2019	REFERRED TO TRANSPORTATION
	05/30/2019	REPORTED AND COMMITTED TO FINANCE
	06/20/2019	COMMITTEE DISCHARGED AND COMMITTED TO RULES
	06/20/2019	ORDERED TO THIRD READING CAL.1822
	06/20/2019	PASSED SENATE
	06/20/2019	DELIVERED TO ASSEMBLY
	06/20/2019	referred to codes
	06/20/2019	substituted for a1235
	06/20/2019	ordered to third reading cal.223
	06/20/2019	passed assembly
	06/20/2019	returned to senate
	11/19/2019	DELIVERED TO GOVERNOR
	11/25/2019	VETOED MEMO.165

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A01235 Committee Votes:

Committee:JUDICIARY   Chair:Dinowitz      
DATE:04/08/2019AYE/NAY:14/6  Action: Favorable refer to committee Codes        
Dinowitz
Aye
Palumbo
Aye
Titus
Excused
Montesano
Nay
Lavine
Aye
Goodell
Nay
Zebrowski
Aye
Norris
Nay
Weprin
Aye
Walsh
Nay
Braunstein
Nay
Byrnes
Nay
Simotas
Aye
Quart
Aye
Buchwald
Aye
Steck
Aye
Seawright
Aye
Joyner
Aye
Abinanti
Aye
Wright
Aye
Wallace
Aye

Committee:CODES   Chair:Lentol      
DATE:04/30/2019AYE/NAY:15/5  Action: Favorable         
Lentol
Aye
Ra
Nay
Schimminger
Aye
Giglio
Nay
Pretlow
Aye
Montesano
Nay
Cook
Aye
Morinello
Nay
Cymbrowitz
Aye
Palumbo
Aye
O'Donnell
Excused
Garbarino
Nay
Lavine
Aye
Perry
Aye
Zebrowski
Excused
Abinanti
Aye
Weprin
Aye
Mosley
Aye
Hevesi
Aye
Fahy
Aye
Seawright
Aye
Rosenthal
Aye

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A01235 Floor Votes:

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A01235 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1235
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 14, 2019
                                       ___________
 
        Introduced by M. of A. ABINANTI, SANTABARBARA, GOTTFRIED, MOSLEY, BLAKE,
          BARRON,  SOLAGES, COLTON, COOK, MALLIOTAKIS, ENGLEBRIGHT, ZEBROWSKI --
          Multi-Sponsored by -- M. of A.  ARROYO,  McDONOUGH,  PERRY,  PICHARDO,
          SIMON, THIELE -- read once and referred to the Committee on Judiciary
 
        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    § 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 between the first day of May and the fifteenth day of November on
     6  such highways as are maintained by the state under such  system  as  the
     7  commissioner of transportation may adopt pursuant to section twelve, but
     8  the liability for such damages shall otherwise remain as now provided by
     9  law]  maintained  by  the state under such system as the commissioner of
    10  transportation may adopt pursuant to section  twelve  of  this  chapter,
    11  provided  the  state  has received actual or constructive notice of such
    12  defects, notwithstanding the construction or improvement and maintenance
    13  of such highways by the state under this  chapter;  but  nothing  herein
    14  contained  shall  be  construed to impose on the state any liability for
    15  defects in bridges over which the  state  has  no  control.  Within  the
    16  limits  of  incorporated  villages  the  state shall maintain a width of
    17  pavement equal to the width of pavement constructed or improved  at  the
    18  expense  of  the  state, if a state highway, the location of the state's
    19  portion of such roadway within said incorporated limits to be determined
    20  by the center line of the roadway as shown on the plans on file with the
    21  department of transportation and the state shall be liable  for  damages
    22  to  persons or property only when such damage shall occur as a result of
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04409-01-9
        A. 1235                             2
 
     1  the defective condition of the portion  of  improved  highway  as  above
     2  described.
     3    §  2.  This  act  shall take effect immediately and shall apply to any
     4  cause of action that accrues on or after such effective date.

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