Bill Text: NY S09493 | 2023-2024 | General Assembly | Introduced

---

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

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced) 2024-05-16 - REFERRED TO TRANSPORTATION [S09493 Detail]

Download: New_York-2023-S09493-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          9493

                    IN SENATE

                                      May 16, 2024
                                       ___________

        Introduced  by Sens. COONEY, HARCKHAM, HINCHEY -- read twice and ordered
          printed, and when printed to be committed to the Committee  on  Trans-
          portation

        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
    23  the defective condition of the portion  of  improved  highway  as  above
    24  described.
    25    §  2.  This  act  shall take effect immediately and shall apply to any
    26  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.
                                                                   LBD07147-01-3