NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5602
SPONSOR: Smith TITLE OF BILL:
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
PURPOSE OR GENERAL IDEA OF BILL:
To ensure the State is liable to damages caused as a result of the
conditions of the state's highways and roadways year-round.
SUMMARY OF PROVISIONS:
Section 1 amends section 58 of the highway law by removing the provision
of the law which says the State is not liable for damages based on
defects in state highways between November 1 and May 15.
Section 2 sets forth an immediate effective date.
JUSTIFICATION:
Our State roadways are in dire need of repair, in particular major
portions of the Long Island Expressway (LIE) in Suffolk County. The LIE
is littered with potholes for miles, particularly in areas surrounding
the exits and entrances on and off the LIE. Motorists are regularly
having to drive at reduced speeds, and having to make split second turns
and decisions, to avoid the major potholes that have developed over
time.
The State Highway Law provides that the State is liable for damages
caused by the state of its roadways, but only during the warmer summer
months. Presumably, the State sought to limit its liability in the
winter months when more potholes occur, however, limiting motorist's
ability to be reimbursed for damages for only certain times of the year
is unfair to the motorists whose vehicles are damaged throughout the
year. This bill will hold the state liable for damages year-round to
compensate drivers for the damage that done to their vehicles.
PRIOR LEGISLATIVE HISTORY:
2021: A8577 Referred to Transportation
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
5602
2023-2024 Regular Sessions
IN ASSEMBLY
March 16, 2023
___________
Introduced by M. of A. SMITH -- read once and referred 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
