Bill Text: NY S02245 | 2023-2024 | General Assembly | Introduced

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Bill Title: Imposes liability on the state for damages to persons caused by defects in state highways year round.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-01-03 - REFERRED TO TRANSPORTATION [S02245 Detail]

Download: New_York-2023-S02245-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          2245

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 19, 2023
                                       ___________

        Introduced  by  Sen.  WEIK  --  read twice and ordered printed, and when
          printed to be committed to the Committee on Transportation

        AN ACT to amend the highway law, in relation to  the  liability  of  the
          state for damages to persons caused by defects in state 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]
     6  on such highways as are maintained by the state under such system as the
     7  commissioner of transportation may adopt pursuant to section  twelve  of
     8  this  chapter, but the liability for such damages shall otherwise remain
     9  as now provided by law, notwithstanding the construction or  improvement
    10  and  maintenance  of  such highways by the state under this chapter; but
    11  nothing herein contained shall be construed to impose on the  state  any
    12  liability  for  defects  in bridges over which the state has no control.
    13  Within the limits of incorporated villages the state  shall  maintain  a
    14  width of pavement equal to the width of pavement constructed or improved
    15  at  the  expense  of  the state, if a state highway, the location of the
    16  state's portion of such roadway within said incorporated  limits  to  be
    17  determined  by  the  center line of the roadway as shown on the plans on
    18  file with the department of transportation and the state shall be liable
    19  for damages to persons or property only when such damage shall occur  as
    20  a  result  of the defective condition of the portion of improved highway
    21  as above described.
    22    § 2. This act shall take effect immediately.


         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01055-01-3