BILL NUMBER: S3403
SPONSOR: COMRIE
 
TITLE OF BILL:
An act to amend the highway law, in relation to liability of the state
for damages caused by reported defects and potholes; and to amend the
transportation law, in relation to establishing an interactive website
for reporting defects and potholes on the state highway system and thru-
way
 
SUMMARY OF PROVISIONS:
Section 1. Section 50 of the highway law, as amended by chapter 1110 2
of the laws of 1971, is amended to include: between the sixteenth day of
November and the last day of April except when the defect found to cause
the damages was reported by telephone or by an online report submitted
to the telephone number or website designated by the department to
receive such reports and fourteen days have elapsed from the date the
initial report was submitted and the defect was not repaired.
Section 2. Section 14 of the transportation law is amended by adding a
new subdivision 36: 36. The commissioner shall establish an interactive
website by which persons may report the locations of defects and
potholes on the state highway system and the New York state thruway and
receive, at such person's request, notification when repairs to the
reported defect or pothole have been completed. The commissioner shall
also post the locations of each reported defect or pothole on such
interactive website until such time as such defect or pothole is
repaired.
Section 3. Effective date
 
PURPOSE AND JUSTIFICATION:
Currently statute exempts the State of New York from liability arising
from roadway defects between the sixteenth of November and the last day
of April. The State, in its attempt to save money by not paying out
claims, has created a scenario where it has no impetus to repair roadway
defects, allowing for dangerous driving conditions. This legislation
requires the department to create a reporting website for roadway
defects and utilize their designated reporting telephone number, as a
method of official notification of defects on both state roadways and
the thruway and allows for a reasonable time period to fix the defect.
Should a reported defect not be repaired in the 14 days from the date of
an initial report and damages arise from the defect, the state shall be
liable for those damages.
 
EXISTING LAW:
Paragraph (a) of subdivision .11 of section 400.00 of the penal law, as
amended by chapter 1 of the laws of 2013
 
PRIOR LEGISLATIVE HISTORY:
2024: S1848 Comrie/ A9401 Hyndman
2022: S3792
2018: A11088 - transportation
 
FISCAL IMPLICATIONS:
Yes
 
EFFECTIVE DATE:
The first day of January that follows the year in which the legislation

Statutes affected:
S3403: 58 highway law, 14 transportation law