Bill Text: NY S05078 | 2017-2018 | General Assembly | Introduced

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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) 2018-01-03 - REFERRED TO TRANSPORTATION [S05078 Detail]

Download: New_York-2017-S05078-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          5078
                               2017-2018 Regular Sessions
                    IN SENATE
                                      March 7, 2017
                                       ___________
        Introduced  by  Sen. KENNEDY -- 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  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] 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    §  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.
                                                                   LBD10455-01-7