•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video/Transcript 

A08393 Summary:

BILL NOA08393
 
SAME ASNo Same As
 
SPONSORSayegh
 
COSPNSR
 
MLTSPNSR
 
Amd §58, Hway L
 
Extends the time when the state is liable for damages suffered by any person from defects in state highways to between April 1 and December 1.
Go to top    

A08393 Actions:

BILL NOA08393
 
12/13/2023referred to transportation
01/03/2024referred to transportation
Go to top

A08393 Memo:

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.
Go to top

A08393 Text:



 
                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
Go to top