Bill Text: NY S06702 | 2013-2014 | General Assembly | Amended

New York Senate Bill 6702 (Prior Session Legislation)

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

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-05-02 - PRINT NUMBER 6702B [S06702 Detail]

Download: New_York-2013-S06702-Amended.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        6702--B
                                   I N  S E N A T E
                                   February 28, 2014
                                      ___________
       Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
         printed to be committed to the Committee on Transportation --  commit-
         tee  discharged, bill amended, ordered reprinted as amended and recom-
         mitted to  said  committee  --  committee  discharged,  bill  amended,
         ordered reprinted as amended and recommitted to said committee
       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.
                                                                  LBD14211-04-4