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S6702Senate2013-2014 SessionSame asA9496

Relates to the liability of the state to any person who suffers damage as a result of a defect in a state highway

Sponsor Timothy M. KennedySD-63Affects Transportation
Status
In Senate Committee
Transportation
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Transportation

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Who cares

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Sponsors

Primary sponsor
Timothy M. Kennedy

Senator · Senate District 63

No co-sponsors yet.

History

  1. Print number 6702b
  2. Amend (t) and recommit to transportation
  3. Print number 6702a
  4. Amend and recommit to transportation
  5. Referred to transportation

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A9496Assembly

Relates to state liability for potholes on state highways

In Assembly Committee · Transportation · Sponsor Thomas Abinanti

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:S6702B

Title of bill

An act to amend the highway law, in relation to state liability for defects in highways

Purpose

This bill expands the state's liability for defects in state highways, to provide a limited level of liability for damages suffered by individuals outside of the first day of May and the fifteenth day of November.

Summary of provisions

Section 1: amends section 58 of the state highway law to expand the states liability for defects in state highways, to provide limited a level of liability for damages suffered by individuals outside of the first day of May and the fifteenth day of November.

Section 2: sets the effective date.

Justification

Under current law, individuals who suffer damages due to defects in state highways may pursue these damages only if the incident occurred within the first day of May to November 15, regardless of how egregious or unreasonable the defect may be. Recent reports of three-foot wide potholes and other seemingly unreasonable defects in state highways has prompted us to revisit this statute and provide for more flexibility to better protect New York State motorists.

This bill allows for individuals to pursue damages from the state for egregious or unreasonable defects in state roads all year, while preserving the current liability standard of defects from May to November. This bill continues to protect the state from frivolous or unreasonable lawsuits, while ensuring New York State taxpayers do not have to pay out-of-pocket for damages caused by an affirmative act of negligence by the state or similarly unreasonable defect in a state highway.

Legislative history

New Bill.

Fiscal implications

To be determined.

Effective date

This act shall take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.