NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8393
SPONSOR: Sayegh
 
TITLE OF BILL:
An act to amend the highway law, in relation to extending the time when
the state is liable for damages suffered by any person from defects in
state highways
 
PURPOSE OR GENERAL IDEA OF BILL:
This legislation will amend the highway law extending the time when the
state is liable for damages suffered by any person from defects in state
highways from May 1 through November 15. to April 1 through Decetber 1.
 
SUMMARY OF PROVISIONS:
Section 1 amends section 58 of the highway law by extending the time
when the state is liable for damages suffered by any person from defects
in state highways from May 1 through November 15 to April 1 through
December 1.
Section 2 sets the effective date.
 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
N/A
 
JUSTIFICATION:
With changing weather patterns and increasingly unpredictable climates,
extending the time during which the state is liable for damages suffered
by any person from defects in state highways, such as potholes allows
for greater flexibility for those driving on state highways. This exten-
sion will allow everyone to have a fair chance to get help for damages
caused by these problems.
 
PRIOR LEGISLATIVE HISTORY:
New Bill.
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect on the first April next succeeding the date
on which it shall have become a law. Effective immediately, the addi-
tion, amendment and/or repeal of any rule or regulation necessary for
the implementation of this act on its effective date are authorized to
be made and completed on or before such effective date.
STATE OF NEW YORK
________________________________________________________________________
8393
2023-2024 Regular Sessions
IN ASSEMBLY
December 13, 2023
___________
Introduced by M. of A. SAYEGH -- read once and referred to the Committee
on Transportation
AN ACT to amend the highway law, in relation to extending the time when
the state is liable for damages suffered by any person from 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] April and the [fifteenth] first
6 day of [November] December on such highways as are maintained by the
7 state under such system as the commissioner of transportation may adopt
8 pursuant to section twelve of this chapter, but the liability for such
9 damages shall otherwise remain as now provided by law, notwithstanding
10 the construction or improvement and maintenance of such highways by the
11 state under this chapter; but nothing herein contained shall be
12 construed to impose on the state any liability for defects in bridges
13 over which the state has no control. Within the limits of incorporated
14 villages the state shall maintain a width of pavement equal to the width
15 of pavement constructed or improved at the expense of the state, if a
16 state highway, the location of the state's portion of such roadway with-
17 in said incorporated limits to be determined by the center line of the
18 roadway as shown on the plans on file with the department of transporta-
19 tion and the state shall be liable for damages to persons or property
20 only when such damage shall occur as a result of the defective condition
21 of the portion of improved highway as above described.
22 § 2. This act shall take effect on the first of April next succeeding
23 the date on which it shall have become a law. Effective immediately, the
24 addition, amendment and/or repeal of any rule or regulation necessary
25 for the implementation of this act on its effective date are authorized
26 to be made and completed on or before such effective date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13463-01-3