New York A 3313: Relates to the liability of the state for damages to persons caused by defects in state highways

Bill Text

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A03313 Summary:

BILL NOA03313 

&nbsp

SAME ASSAME AS S03502

&nbsp

SPONSORSmith

&nbsp

COSPNSRMaher, Giglio, Brabenec, Mikulin, Jensen

&nbsp

MLTSPNSR

&nbsp

Amd §58, Hway L

&nbsp

Imposes liability on the state for damages to persons caused by defects in state highways year round.

Go to top A03313 Actions:

BILL NOA03313 

&nbsp

01/27/2025referred to transportation

05/28/2025held for consideration in transportation

01/07/2026referred to transportation

Go to topA03313 Committee&nbspVotes:

Committee:TRANSPORTATION Chair:Magnarelli 
DATE:05/28/2025AYE/NAY:16/7 Action: Held for Consideration MagnarelliAyeMillerNay

LupardoAyeMcDonoughExcused

SimonAyeDeStefanoNay

WilliamsExcusedDursoNay

McMahonAyeGiglioNay

GallagherAyeSlaterNay

MitaynesAyeBendettNay

De Los SantosAyeChludzinskiNay

CunninghamAye

AlvarezAye

ShresthaAye

ShimskyAye

EachusAye

BurroughsAbsent

WrightAye

ValdezAye

RomeroAye

HooksAye

Go to topA03313 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA03313 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3313

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 27, 2025
 ___________

 Introduced by M. of A. SMITH, MAHER, GIGLIO, BRABENEC, MIKULIN -- 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.
 LBD02040-01-5

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