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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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) 2014-05-02 - PRINT NUMBER 6702B [S06702 Detail]

Download: New_York-2013-S06702-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        6702--A
                                   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
       AN ACT to amend the highway law, in relation to  the  liability  of  the
         state for damages suffered due to 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    S  58.  Liability  of state for damages. The state shall not be liable
    4  for damages suffered by any person from REASONABLY  ANTICIPATED  defects
    5  in  state  highways,  except  THE  STATE SHALL BE LIABLE FOR DEFECTS FOR
    6  WHICH IT HAS BEEN GIVEN ACTUAL OR CONSTRUCTIVE NOTICE between the  first
    7  day  of  May  and  the fifteenth day of November on such highways as are
    8  maintained by the state under such system as the commissioner of  trans-
    9  portation  may adopt pursuant to section twelve OF THIS CHAPTER, but the
   10  liability for such damages shall otherwise remain  as  now  provided  by
   11  law,  notwithstanding the construction or improvement and maintenance of
   12  such highways by the  state  under  this  chapter;  but  nothing  herein
   13  contained  shall  be  construed to impose on the state any liability for
   14  defects in bridges over which the  state  has  no  control.  Within  the
   15  limits  of  incorporated  villages  the  state shall maintain a width of
   16  pavement equal to the width of pavement constructed or improved  at  the
   17  expense  of  the  state, if a state highway, the location of the state's
   18  portion of such roadway within said incorporated limits to be determined
   19  by the center line of the roadway as shown on the plans on file with the
   20  department of transportation and the state shall be liable  for  damages
   21  to  persons or property only when such damage shall occur as a result of
   22  the defective condition of the portion  of  improved  highway  as  above
   23  described.
   24    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14211-02-4