BILL NUMBER: S3502
SPONSOR: WEIK
 
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:
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.
 
EXISTING LAW:
The State is liable for damages caused by defects in in the state high-
ways except between November 1 and May 15 annually.
 
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 motorists
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.
 
LEGISLATIVE HISTORY:
2023: S2245 Transportation
2022: S7391 Transportation
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S3502: 58 highway law